I have been applying for a work related injury determination for 3 months, how do I know if the work

Updated on society 2024-05-28
10 answers
  1. Anonymous users2024-02-11

    I have taken a look at the "Regulations on Work-related Injury Insurance" and the "Measures for the Determination of Work-related Injuries", and I have a full set of measures for what to do. Just follow the instructions above. It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability.

    If you want to terminate the labor relationship, then look at the "Implementation Measures of a Provincial Work-related Injury Insurance" where the employer is located, and the standards for one-time work-related injury medical subsidy and one-time disability employment subsidy must be relevant in this.

    The identification of work-related injuries is the key, and only when work-related injuries are recognized can they enjoy work-related injury benefits.

    The level of disability can be based on the diagnosis conclusion and make a preliminary judgment according to the "Labor Ability Appraisal - Classification of Disability Levels Caused by Work-related Injuries and Occupational Diseases of Employees", and finally the appraisal conclusion made by the appraisal agency recognized by the labor department shall prevail.

  2. Anonymous users2024-02-10

    You go to the Human Resources and Social Security Bureau where the company is located to consult the regulations on work-related injury insurance.

    Article 20 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 close relatives and the employee's unit in writing of the application for work-related injury determination.

    The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

    Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion.

    Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.

  3. Anonymous users2024-02-09

    You can consult directly with the Workers' Compensation Department**. You can call the local 114 to check the local labor bureau**, and then consult the extension of the staff injury identification department.

  4. Anonymous users2024-02-08

    Go to the designated place and ask, and they should tell you when it comes out when you do. And 3 months should have come out.

  5. Anonymous users2024-02-07

    1. The determination of work-related injuries shall be determined within 60 days from the date of submission of the application for labor ability appraisal, and the time limit for making labor ability appraisal conclusions may be extended by 30 days if necessary.

    2. The declaration and results of work-related injury appraisal can be inquired with the labor ability appraisal agency.

    1. What materials should be submitted to apply for work-related injury determination?

    1) Application form for determination of work-related injury;

    2) Proof of the existence of 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).

    2. How to inquire about the results of work-related injury appraisal?

    1) **Inquiry: Call the Social Security Bureau Service **12333 for inquiry;

    2) Social security center inquiry: you can consult the local medical insurance department or unit social security personnel;

    3) Online inquiry.

    To sum up: the determination of work-related injuries shall be determined within 60 days from the date of submission of the application for labor ability appraisal, and if necessary, the time limit for making the labor ability family key appraisal conclusion may be extended by 30 days. The status and results of the work-related injury appraisal declaration can be inquired with the labor ability appraisal agency.

    Hopefully, the above will help you.

    Article 25 of the Regulations on Work-related Injury Insurance stipulates that after receiving an application for labor ability appraisal, the labor ability appraisal committee at the districted city level shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall put forward appraisal opinions. The labor ability appraisal committee of the city divided into districts shall make a conclusion on the appraisal of the labor ability of the injured employee according to the appraisal opinions of Chunsui and the expert group; When necessary, a qualified medical institution may be entrusted to assist in the diagnosis.

    The labor ability appraisal committee at the districted city level shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion 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.

    Article 46 The handling agency shall undertake work-related injury insurance affairs and perform the following duties:

    1) In accordance with the provisions of the people's ** of provinces, autonomous regions and municipalities directly under the Central Government, work-related injury insurance premiums shall be levied;

    2) Verify the total salary of the employer and the number of employees, handle the registration of work-related injury insurance, and be responsible for keeping records of the employer's contributions and employees' enjoyment of work-related injury insurance benefits;

    3) Conduct surveys and statistics on work-related injury insurance;

    4) Manage the expenditure of work-related injury insurance in accordance with the regulations;

    5) Approve work-related injury insurance benefits in accordance with regulations;

    6) Provide free consulting services to employees injured at work or their close relatives.

  6. Anonymous users2024-02-06

    Summary. What should I do if I have not been able to apply for a work-related injury determination for three months: I can apply for an administrative reconsideration or file an administrative lawsuit in this case.

    Measures for Administrative Reconsideration of Human Resources and Social Security》 Article 7 If the human resources and social security department does not perform its statutory duties, the applicant may apply for administrative reconsideration to the people's ** or the human resources and social security bureau at the next higher level who are responsible for the identification; They may also file an administrative lawsuit with the people's court at the place where the human resources and social security bureau responsible for the designation is domiciled, requesting that the human resources and social security bureau responsible for the designation perform its duties in accordance with law.

    What should I do if the work-related injury has not been determined for three months or the result has not been resolved: I can apply for administrative reconsideration or file an administrative lawsuit in this case. "Measures for Administrative Reconsideration of Human Resources and Social Security" Article 7 If the human resources and social security department does not perform its statutory duties, the applicant may apply for administrative reconsideration to the people** or the human resources and social security bureau at the next higher level who are responsible for the identification; They may also file an administrative lawsuit with the people's court at the place where the human resources and social security bureau responsible for the designation is domiciled, requesting that the human resources and social security bureau responsible for the designation perform its duties in accordance with law.

    Legal basis: "Human Resources and Social Security Practices and False Government Reconsideration Measures" Hongmu Ran Article 7 If the human resources and social security department does not perform the statutory duties, the applicant may apply for administrative reconsideration to the people's ** or the human resources and social security bureau at the next higher level who are responsible for the identification; They may also file an administrative lawsuit with the people's court at the place where the human resources and social security bureau responsible for the designation is domiciled, requesting that the human resources and social security bureau responsible for the designation perform its duties in accordance with law.

    Can I make a complaint?

    Yes, you need to prepare an administrative reconsideration letter, our law firm can help you**, do you see the need?

    What documents are needed to prove it.

    This is evidenced by the paperwork you submitted at the time.

    At that time, all the materials were submitted to the application, and there were no materials in hand.

    Kiss This is recorded, do you need paperwork**. You can quickly make a work injury identify a pro

  7. Anonymous users2024-02-05

    The determination of work-related injury shall be issued within 60 days from the date of acceptance by the work-related injury determination department, and within 15 days if the facts are clear and the rights and obligations are clear.

    If there are special circumstances, it can be extended by 30 days with written notice.

    The work-related injury determination shall be submitted by the work-related injury identification department of the place where the unit is registered, and the work-related injury identification department shall be checked through the local work-related injury identification department, or the local 12333 shall be called.

  8. Anonymous users2024-02-04

    If you ask for less compensation, you'll be able to check, it's the uncle who is rich! The country is still oriented towards the rich! keeps saying that they serve the people, but they are all charged!

    There is not even an appraisal result query system, do you know why? You know that they receive less benefit. Who left us without money?

    Bitter? Hold it to your heart!

  9. Anonymous users2024-02-03

    Hello, there are three steps in the work-related injury identification process, which are work-related injury identification, labor ability appraisal and the treatment and relief channels that work-related injuries should be enjoyed. The application for recognition of work-related injury may be submitted by the employer, or by the injured employee, his or her immediate family members, or by a trade union organization. Depending on the applicant, the order of application is also different.

    The employer shall file a complaint within 30 days from the date of the accident or the date of diagnosis and appraisal of an occupational disease, and in case of special circumstances, it may be appropriately extended with the consent of the labor and social security department. If the employer fails to submit an application for work-related injury recognition in accordance with the above provisions, the injured employee (the Social Security Bureau only accepts two forms of work-related injury certificates, that is, the work-related injury certificate issued by the employer and stamped with the official seal of the employer, or the official work-related injury appraisal report. None of the other certificates have the force of law and will not be accepted by the Social Security Administration.

    or their immediate family members or trade union organizations can raise it. However, the time of submission shall not exceed one year from the date of the accident or the date of diagnosis or appraisal of the occupational disease.

  10. Anonymous users2024-02-02

    The work-related injury appraisal result shall be issued within 60 days after the employee applies for the labor ability appraisal, and may be delayed by 30 days in case of dispute by the expert group. If the unit or the injured employee himself is not satisfied with the appraisal result, he or she may submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion.

    1. The legal concept of work-related injury appraisal.

    1) Work-related injury appraisal refers to the act of appraisal of work-related injuries by the labor ability appraisal committee at or above the districted city level on the basis of the work-related injury appraisal of an employee who has been identified as a work-related injury, after the completion of his or her medical treatment or the expiration of the medical treatment period. Therefore, it must be identified first and then identified.

    2) The scope of work-related injury appraisal includes:

    1. Appraisal of working ability, including appraisal of disability level and degree of loss of working ability, 2. Appraisal and confirmation of the period of suspension of work with pay, 3. Appraisal of nursing grade, 4. Appraisal of the configuration of disability assistive devices, etc.

    3) Initial appraisal: The initial appraisal of labor ability shall be submitted by the unit that uses the rented fiber, the injured employee or his immediate family members to the labor ability appraisal committee of the city divided into districts, and the time of application shall be that the injured employee's injury is in a relatively stable state or has been healed. The materials submitted by the application for labor ability appraisal do not differ depending on the subject of the application.

    The materials to be provided mainly include: the work-related injury determination decision (or work-related injury certificate), the work-related injury diagnosis certificate, and the information (including relevant radioactive materials) recorded by the hospital about the illness, medical records, and ** conditions of the injured employee.

    4) Disability level appraisal, also known as work-related injury disability assessment, is the judgment and assessment made by the labor appraisal committee on the basis of the technical group for the appraisal of the ability to work and the need for disability assessment, on the basis of the "Appraisal of the Disability Degree of Work-related Injuries and Occupational Diseases of Employees", on the basis of the degree of disability of employees injured or suffering from occupational diseases due to malbalance. There are ten levels in total. Level 1 is the highest, and Level 10 is the lowest.

    5) Labor ability appraisal and work-related injury disability assessment are both related to and different. In nature, labor appraisal is the basis for work-related injury disability assessment. Procedurally speaking, it is to identify first and then assess the disability.

    In terms of scope, labor appraisal is larger, that is, in addition to the appraisal of work-related injuries (including occupational diseases), it also includes the appraisal of temporary or permanent incapacity for work caused by illness or non-work-related injury, and its main function is to identify the temporary or permanent incapacity of workers from the medical aspect. The work-related injury disability assessment is relatively more professional and strict, and its function is to identify the status of work-related injuries and permanent incapacity of employees suffering from occupational diseases. The working procedures and basis for judging between the two are also different.

    However, for obvious work-related injuries (including occupational diseases), work-related injury disability assessment can be carried out at the same time as labor appraisal.

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