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1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);
3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.
4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
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Designated by the local labor council.
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Labor Bureau or qualified forensic examination.
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The appraisal of work-related injuries, that is, the appraisal of the level of labor ability obstacles, shall be appraised by the labor ability appraisal committee within the human resources and social security bureau of the city divided into districts. If you are not satisfied with the appraisal conclusion of the Municipal Labor Ability Appraisal Committee, you can apply for a re-appraisal by the provincial labor ability appraisal committee, and the conclusion of the provincial appraisal committee is the final conclusion.
Article 23 of the Regulations on Work-related Injury Insurance The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of work ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.
Article 26 If the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee at the districted city level, it 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. The labor ability appraisal conclusions made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government are the final conclusions.
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Answer hello. If you have suffered a work injury, you can contact the company directly, i.e. with the employer. Ask your employer to report your work-related injury so that you can enjoy the corresponding work-related injury benefits.
If you do not have an employer or the employer does not report your work-related injury, then you can go to the local labor and social security bureau, that is, the labor bureau, to file a complaint or apply to the labor arbitration commission for labor arbitration.
12333.Labor arbitration refers to the mediation and adjudication of labor disputes by the labor dispute arbitration commission on the arbitration of the parties. In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court.
According to the Labor Dispute Mediation and Arbitration Law[1], the party initiating labor arbitration shall submit a written application to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute. Unless the parties apply for arbitration due to force majeure or other justifiable reasons, the arbitration commission shall not accept the application if the time limit for arbitration has expired as prescribed by law.
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Report to the Labor Ability Appraisal Committee under the Human Resources and Social Security Bureau, and go to the hospital designated by it for appraisal.
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I don't know if the unit has purchased work-related injury insurance for your employees, if you deal with it according to the regulations on work-related injury insurance, apply to the Labor Bureau!
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The work-related injury procedure is very complicated, and it can even drag on for up to a year to go through legal means, so it is recommended to hire a lawyer to deal with it.
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Answer hello. Article 23 of the Regulations of the People's Republic of China on Work-related Injury Insurance stipulates that the employer, the injured employee or his close relatives shall submit an application to the Labor Ability Appraisal Committee of the city divided into districts for the appraisal of labor ability, and provide relevant information on the determination of work-related injury and the medical treatment of the work-related injury.
Hello, is there anything else I can do to help you?
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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.
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1.According to Article 25 of the Regulations on Work-related Injury Insurance, the Labor Ability Appraisal Committee 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.
2.Generally speaking, the applicant can collect the appraisal conclusion at the Labor Ability Appraisal Committee with his ID card about three weeks after participating in the labor ability appraisal interview, or he can wait for the Labor Ability Appraisal Committee to send the appraisal conclusion in writing by mail.
3.Because there are some differences in procedures in different regions, it is recommended to call 12333 to consult the local social security bureau!
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The office number of the work-related injury labor ability appraisal committee in different places is different, and you can call 12333 labor and social security human resources consulting service** for consultation.
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The determination of work-related injuries shall be made by the labor and social security bureau of the city divided into districts, which is an administrative act. The level of work-related injury and disability shall be assessed by the medical experts of the labor ability level appraisal committee of the city divided into districts.
Refers to the Labor Bureau.
First, apply for work-related injury identification at the labor and social security department of the district, and then go to the designated department (generally to Shenzhen People's Hospital) for disability appraisal according to the work-related injury certificate.
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Regulations on Work-related Injury Insurance.
Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.
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The appraisal is carried out at the labor ability appraisal committee, and the local labor bureau generally does the appraisal.
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First, the Labor Bureau applies for a work-related injury determination, and then the Labor Disability Appraisal Committee applies for an appraisal of the disability level of the working ability.
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Identification of work-related injuries is obtained by the Labor and Social Security Bureau!
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If you first go to the local social security bureau to identify the work-related injury (within 1 year from the date of the accident), and then go to the local labor ability appraisal committee for the initial appraisal, and are not satisfied with the appraisal results of the local labor ability appraisal committee, you can re-evaluate with the provincial (higher-level) labor ability appraisal committee within 15 days.
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The hospitals designated by the Human Resources and Social Security Bureau are generally in prefecture-level cities;
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In the process of appraisal of work-related injuries and occupational diseases, the "Labor Appraisal Committee" is the organizational body for the appraisal of labor ability. The Labor Appraisal Committee is a non-permanent organization, and the committee has offices under the committee, which are invested in labor and social security bureaus at all levels. Labor appraisal committees at or above the county level are generally composed of the leaders of the labor, health, personnel and other administrative departments and trade unions.
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Work-related injury appraisal refers to the act of appraising the work-related injury of an employee who applies for work-related injury appraisal on the basis of the completion of his or her medical treatment or the expiration of his or her medical treatment period, and the labor ability appraisal committee at or above the districted city shall conduct an appraisal of his or her work-related injury-related matters. The scope of work-related injury appraisal includes: appraisal of working ability, appraisal and confirmation of the period of suspension of work, appraisal of nursing level, appraisal of disability assistive devices, etc.
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Labor Ability Appraisal Committee.
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Is it **?
The appraisal is usually done in a hospital, and three medical experts will consult at the same time.
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Work-related Injury Appraisal Section of the Labor Bureau.
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When the work-related injury is determined, the work-related injury disability level shall be appraised at the appraisal institution designated by the labor department, and if the work-related injury is not identified, the disability grade shall be appraised by itself or together with the company. If you just unilaterally want to know the accurate disability level in advance, you can pay to consult a forensic doctor through the Yulu Appraisal WeChat applet.
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As long as the other party has appraisal qualifications, then they can be appraised. If it is an infringement accident that needs to be evaluated, the appraisal can only be carried out with a power of attorney issued by the judicial organ for disability evaluation.
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Hello, the appraisal made by the judicial appraisal of the work-related accident can only be used for mediation, and has no legal effect.
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The appraisal of work-related injuries is generally in the municipal labor ability appraisal institution, and if it is entrusted by the processing department, it can of course be appraised in the judicial appraisal institution.
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Q, I was injured and fractured in the company on April 24, which is considered a work-related injury, and now the company arranges for me to go to Ningbo Tiantong Judicial Appraisal Center for appraisal, is it reasonable?
Elbow fracture injury identification criteria:
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The applicant shall submit an application to the labor ability appraisal committee of the city divided into districts where the work-related injury occurs. The labor ability appraisal committee at the districted city level is responsible for the initial appraisal and review appraisal of the labor ability within its jurisdiction. The Provincial Labor Ability Appraisal Committee is responsible for the re-appraisal of the initial appraisal or the re-appraisal conclusion submitted by dissatisfaction. >>>More
According to the procedures stipulated in the Regulations on Work-related Injury Insurance, there is no specific time limit for the time for work-related injury appraisal. The approximate stage is that the work-related injury can be applied for appraisal after the injury is relatively stable, of course, it can also be after the end of medical treatment, and it can also be after the work-related injury, but the maximum period cannot exceed 12 months (the suspension period shall generally not exceed 12 months).
First of all, to correct your statement: it should be the "identification" of the work-related injury, not the "signing" of the work-related injury. >>>More
Take the case to apply for identification.