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However, it is recommended to immediately go to the human resources and social security bureau where the company is located to apply for work-related injury identification. Enjoy work-related injury benefits.
Legal basis: Measures for the determination of work-related injuries.
Article 4 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 occurrence 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, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
Where an application for determination of work-related injury shall be submitted to the provincial-level social insurance administrative department in accordance with the provisions of the preceding paragraph, it shall be submitted to the social insurance administrative department of the districted city level where the employer is located in accordance with the principle of territoriality.
Article 5 If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit, the injured employee, his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury in accordance with the provisions of Article 4 of these Measures.
Article 6 To apply for recognition of work-related injury, the applicant shall fill in the Application Form for Determination of Work-related Injury and submit the following materials:
1. A copy of the labor or employment contract or other supporting materials for the existence of labor relations (including de facto labor relations) or personnel relations with the employer;
2. Post-injury diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate) issued by a medical institution.
Article 7: Where the application materials submitted by the applicant for work-related injury determination meet the requirements, are within the jurisdiction of the social insurance administrative department, and are within the time limit for acceptance, the social insurance administrative department shall accept it.
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According to the provisions of the work-related injury insurance, if an employee dies of a sudden illness during working hours or while engaged in work, or dies within 48 hours after rescue, it can be regarded as a work-related injury.
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Yes, but your father has high blood pressure, and you know what to pay attention to for high blood pressure, and your father still insists on working, and you don't know how to ask him to go home to care for the elderly.
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I hope you can answer the following questions first:
1. Is there a physical examination report for entry? Does it show high blood pressure? Is there evidence to support the employer's use of hypertension knowingly?
Does high blood pressure start after joining the company, or does it start after joining the company?
3. Does it occur at work or at rest?
4. Is there a medical certificate for the relationship between cerebral infarction and hypertension?
5. How long is the length of service?
If you are not comfortable explaining here, please feel free to send me a private message.
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Hello, it is recommended to apply to the local human resources and social security bureau for work-related injury determination.
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Choose melons, short kidneys, smart bundles, panic snakes, and guess.
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Legal analysis: 1. Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to or from work; 2. Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; 3. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties.
Legal basis: Article 14 of the Regulations of the People's Republic of China on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Legal analysis: During working hours and in the workplace, it is a work-related injury that is injured by an accident due to work-related reasons, and under normal circumstances, the determination of industry and commerce must meet the conditions of "three jobs" before it can be recognized as a work-related injury.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Legal analysis: If the following conditions are met, it is deemed to be a work-related injury: (1) the injury is caused by an accident during working hours and in the workplace; 2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; 4) Suffering from occupational diseases;
Legal basis: "Social Insurance Law of the People's Republic of China" Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations: (1) Medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.
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If a worker is injured in an accident or suffers from an occupational disease due to work-related reasons, and meets the requirements of Articles 14 and 15 of the Regulations on Work-related Injury Insurance, and there are no circumstances specified in Article 16, it shall be deemed to be a work-related injury or treated as a work-related injury, and he may enjoy work-related injury insurance benefits in accordance with the law.
Legal basisArticle 14 of the Regulations on Work-related Injury Insurance.
In any of the following circumstances, it shall be found to be a work-related injury:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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1) Being injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours.
Article 14 of the Regulations on Work-related Injury Insurance.
In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; 2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; 4) Suffering from occupational diseases; 5) Injured or unaccounted for in an accident while away for work; 6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Your situation falls under the provisions of Article 6, as long as you are on the path that must be taken. In short, you can apply to take a look, and then talk about it without approval.
Article 14 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 falls under any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons; [The prerequisite is that "working hours" and "workplace" are two conditions that must be met at the same time, and that there must also be an injury, disability or death "due to work-related reasons.] Accident injury refers to personal injury, acute poisoning accident and other similar injuries that occur in the course of labor.
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; ["Before and after working hours" refers to non-working hours, specifically a period of time before or after the start of work, such as working hours from 9 o'clock to 12 o'clock and then 14 o'clock to 18 o'clock to end the day's work, but the employee arrives at 8:30 in advance or finishes the finishing work after work until 18:30, etc., can be identified as "before and after working hours", but one point is particularly important, the purpose must be to engage in preparatory or finishing work, such as preparing for the start of the machine, Or turn off the machine and clean up the work-related machines, tools, etc. 】
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; ["Working hours" and "workplace" must be present at the same time, and must be in the performance of one's own work, and the injury suffered here is "non-work-caused" and caused by "violence, accidents, etc.") from the workplace or the outside world.] For example, when an employee is performing his or her job duties, someone deliberately retaliates against the employee and directly attacks the employee, resulting in injury, disability or death.
4) Suffering from occupational diseases; [That is, it refers to the diseases caused by the exposure of workers in enterprises, institutions and individual economic organizations due to exposure to dust, radioactive substances and other toxic and harmful substances in their occupational activities.] 】
5) During the period of going out for work, the whereabouts of the injury or accident due to work reasons are unknown. ["During the period of going out for work" includes business trips for work and temporary business trips for work, etc., and must be performing work duties at the time of the accident, that is, going out for work reasons, being injured or missing at the time of the accident. 】
6) Receiving a personal injury accident while commuting to or from work. ["Commuting to or from work" refers to a personal injury accident that occurs during the necessary time between the residence and the work area.] Personal injury accidents encountered while visiting relatives and friends cannot be recognized as work-related injuries.
If you are injured in a motor vehicle accident, you should also add the question of illegal driving, which is generally driven by two-wheeled motorcycles, and illegal driving (driving without a license) cannot be recognized as a work-related injury.
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Do not meet the conditions for work-related injury declaration.
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Strictly speaking, it's not a work-related injury, because you're not where you go to work, and it's a hazard that occurs during work hours.
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As long as it meets the conditions for the determination of work-related injuries in the Regulations on Work-related Injury Insurance or the local work-related injury regulations of the province or city where it is located, it shall constitute a work-related injury.
Attached are the conditions for the recognition of work-related injuries in the Regulations on Work-related Injury Insurance for reference
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;
2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;
3) Employees who previously 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.
Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:
1) Intentionally committing a crime;
2) Drunk or drug addiction;
3) Self-harm or suicide.
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