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At work, whether it is personal reasons or other people's reasons caused by injuries occur from time to time, especially for people engaged in high-risk work, the probability of occurrence is higher, when it occurs, it is necessary to judge whether it belongs to the scope of work-related injuries, if it belongs to the scope of work-related injuries, then what information needs to be provided for work-related injury compensation? The original of the following materials is required: (1) ID card of the injured person; (2) Outpatient medical records; (3) Hospital inpatient medical records, including the first page of inpatient medical records, admission records, physical examination forms, specialist examination forms, auxiliary examination forms, surgical records, discharge records, and examination reports.
Medical records should be copied and stamped with the official seal in the medical department of the inpatient hospital, the archives room, and the medical record room; (4) Medical diagnosis certificate, salary slip or income certificate for rest and missed work, and proof of wage deduction (if any); (5) Proof of need for nursing care, invoices or receipts for nursing fees; (6) Transportation expenses and accommodation bills; (7) Determination of work-related injury decision, labor ability appraisal conclusion, and appraisal fee invoice; (8) Provide other materials as appropriate.
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1.First of all, the employer should submit an application to the Labor Bureau for recognition of work-related injury within one month. 2.
If the employer does not apply, write an application for work-related injury recognition and apply to the local labor bureau for work-related injury recognition. The materials to be submitted include: application form for work-related injury determination; Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; Medical diagnosis certificate or occupational disease diagnosis certificate.
1.First of all, the employer should submit an application to the Labor Bureau for recognition of work-related injury within one month. 2.
If the employer does not apply, write an application for work-related injury recognition and apply to the local labor bureau for work-related injury recognition. The materials to be submitted include: application form for work-related injury determination; Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; Medical diagnosis certificate or occupational disease diagnosis certificate.
3.The Labor Bureau makes a decision on the determination of work-related injuries4The injured person goes to a qualified hospital for disability assessment (in the case of fractures, the minimum is a grade 10 disability)4
Submit the disability appraisal from the hospital to the labor bureau and the employer (it is best to make a copy of it yourself), and the labor bureau will issue a "notice of work-related injury determination" to the employer. 5.The unit began to compensate, mainly including disability allowance and medical expenses.
Types of work-related injuries 1. According to Article 14 of the Regulations on Work-related Injury Insurance, work-related injuries mainly include the following types:
Injured in an accident during working hours and in the workplace due to work-related reasons; Here, it is necessary to understand and grasp the essence of "accidents" as "accidental losses or disasters", which are gradual (such as chronic poisoning, schistosomiasis infection, etc.) and sudden (such as the collapse of the work frame, injuries caused by falling objects from heights, etc.), and should not be confined to a sudden situation.
Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;
Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
suffering from occupational diseases; During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;
Injured in a motor vehicle accident while commuting to or from work;
Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
2. Article 15 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:
Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed;
Suffering harm in activities to safeguard national interests or public interests, such as emergency rescue and disaster relief;
Employees who originally served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.
3. However, if there is any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:
For committing a crime or violating the administration of public security**;
Drunkenness leads to **;
Self-harm or suicide.
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Legal analysis: 1. Application form for work-related injury determination; 2. Proof of the existence of labor relationship (including de facto labor relationship) with the employer; 3. Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
Legal basis: Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury identification:
1) Application form for determination of work-related injury;
2) Proof of the existence of an employment relationship with the employer (including a de facto labor relationship);
3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.
If the materials provided by the applicant for work-related injury determination are incomplete, the administrative department of social insurance and insurance shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.
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According to Article 18 of the Regulations of the People's Republic of China on Work-related Injury Insurance, the following materials shall be submitted to the application for work-related injury determination:
1) Application form for determination of work-related injury;
2) Proof of having an employment relationship (including a de facto employment relationship) with the employer;
3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
The application form for determination of work-related injury shall include the time, place, and cause of the accident and the degree of injury to the employee.
If the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall notify the applicant for work-related injury determination in writing of all materials that need to be corrected at one time. After the applicant corrects the materials in accordance with the written notice, the social insurance administrative department shall accept it.
The workers' compensation process is as follows:
1. Work-related injury compensation needs to go through two procedures: work-related injury appraisal and labor ability appraisal (work-related injury disability grade appraisal) before compensation, and the approval time is different in different regions.
2.First, you should apply to your local labor department for a work-related injury determination. If you don't apply for a worker's compensation, you can't get compensation through work-related injuries. If the employer does not apply, the employee must apply within one year from the date of injury.
3.According to Article 20 of the Regulations on Work-related Injury Insurance, the social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his/her close relatives in writing of the work-related injury determination and the employee's unit. The social insurance administrative department shall make a decision on the determination of work-related injuries within 15 days, with clear facts and clear rights.
4.After the injury is stabilized, you can apply for labor ability appraisal and work-related injury grade appraisal. If there are internal fixation devices such as steel nails and steel plates in the body, they need to be dismantled before they can be appraised for their working ability, and then claim disability compensation from the employer according to the level of disability.
5.According to Article 25 of the Regulations on Work-related Injury Insurance, the Labor Ability Appraisal Committee shall make a conclusion on the labor ability appraisal within 60 days from the date of receipt of the application for labor ability appraisal. If necessary, the time limit for the conclusion of the labor ability appraisal may be extended by 30 days.
The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.
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Materials to be prepared for work-related injury claims: identity certificate of the injured employee; Decision on the determination of work-related injuries caused by hailstorms; Labor Ability Appraisal Certificate; Other. If the work-related injury is determined to be a work-related injury, it shall enjoy work-related injury insurance benefits; Those who lose their ability to work after being assessed for their ability to work shall enjoy disability benefits.
If the employer to which the employee works fails to pay the insurance premiums for the work-related injuries in accordance with the law, and a work-related accident occurs in a loss, the employer shall pay the work-related injury insurance benefits.
[Legal basis].Article 36 of the Social Insurance Law of the People's Republic of China.
If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.
The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.
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Analysis of the Law and the Law: Decision on the Determination of Work-related Injuries; Labor Ability Appraisal Certificate; Proof of worker's identity; If another person is entrusted, the power of attorney and the identity certificate of the principal; Business license of the employer; Proof of the existence of an employment relationship between the employee and the employer; Other.
Legal basis: Article 36 of the Social Insurance Law of the People's Republic of China of Zhou Zhengqing An employee who is injured in an accident or suffers from an occupational disease due to work-related reasons, and is recognized as a work-related injury, shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.
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Individual workers should submit their ID cards or social security cards, bank accounts, Decision on Work-related Injury Determination and various reimbursement vouchers. If the disability is constituted, it is also necessary to submit the conclusion of the labor ability appraisal and judgment.
Legal basis] Article 17 of the Regulations on Work-related Injury Insurance Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, with the consent of the social insurance administrative department, the time limit for application may be extended as appropriate.
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1. The materials to be prepared for work-related injury claims are:
2. (1) ID card of the injured person;
3. (2) Outpatient medical records;
4. (3) Hospital inpatient medical records, including the first page of inpatient medical records, admission records, physical examination forms, specialist examination forms, auxiliary examination forms, surgical records, discharge records, and examination reports. Medical records should be copied and stamped with the official seal in the medical department of the inpatient hospital, the archives room, and the medical record room;
5. (4) Medical diagnosis certificate, salary slip or income certificate for rest and missed work, and proof of deduction of wages and income;
6. (5) Proof of the need for nursing, invoices or receipts for nursing expenses;
7. (6) Transportation and accommodation bills;
8. (7) Determination of work-related injury decision, labor ability appraisal conclusion, appraisal fee invoice;
9. (8) Provide other materials as appropriate.
10. [Lack of legal basis].
11. Article 18 of the Regulations on Work-related Injury Insurance stipulates that the following materials shall be submitted for the application for work-related injury identification:
12. (1) Application form for work-related injury determination;
13. (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;
14. (3) Medical diagnosis certificate or occupational disease diagnosis certificate. The application form for determination of work-related injury shall include the time, place, and cause of the accident, as well as the degree of the employee's injury.
I was working on a construction site 20 days ago and fell off and broke four ribs. The site leader just verbally said that you should be optimistic about it first and report it to you later. Not a penny was given to me.
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