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Employer application for work-related injury recognition: When 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 employer shall apply for work-related injury recognition in accordance with the law, which is its statutory obligation.
Application for work-related injury determination by the injured employee or his/her immediate family members or trade union organization: If the employer fails to submit an application for work-related injury determination within the prescribed time limit (30 days), the injured employee, his/her immediate family members or trade union organization may directly apply for work-related injury determination in accordance with the law.
1. Hospitalization meal subsidy for work-related injuries, transportation expenses and accommodation expenses for medical treatment in other places: The hospitalization meal subsidy for hospitalized work-related injured employees during the hospitalization period shall be paid by the employee's unit in accordance with 70% of the food subsidy standard for business trips of the unit; The transportation and accommodation expenses required for the approved referral and transfer to other places for medical treatment shall be reimbursed by the employee's unit in accordance with the standard for employees traveling on business for business trips.
2. Wages during the suspension period: The wages and benefits of the injured employees during the period of suspension of work and pay remain unchanged and shall be paid by the employer on a monthly basis; If the employee is unable to take care of himself/herself, the employer shall send someone to take care of him/her, and the accompanying expenses shall be paid by the employer in accordance with the agreement.
3. Disability allowance: For injured employees with disability levels of 5 and 6 and it is difficult to arrange work, the employer shall pay 70% and 60% of the disability allowance of their wages on a monthly basis.
4. One-time disability employment subsidy: For injured employees with a disability level of 5 to 10 who have terminated the labor relationship with the employer, the employer shall pay a one-time disability employment subsidy based on the average monthly salary of the employee in the previous year at the time of termination of the labor relationship.
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This issue is relatively broad and involves the scope, procedure, subject and other aspects of compensation. First of all, let's talk about the scope of compensation, mainly including: medical expenses, hospital meal subsidies, transportation, room and board expenses, assistive device expenses, wages during the period of suspension of work, nursing expenses during the period of suspension of work, one-time disability subsidy, termination of labor relations, one-time medical subsidy for work-related injuries and one-time disability employment subsidy, and in the event of work-related death, it also includes the pension of dependent relatives.
Secondly, the compensation procedure is relatively lengthy, and the employer should apply to the labor bureau for recognition of the work-related injury within one month after the occurrence of a work-related injury. If the employer does not apply, the injured person must file an application with the labor department within one year from the date of the accident. After the work-related injury is determined, after the medical treatment is completed or the medical treatment period expires, the labor appraisal committee at or above the county level shall conduct an appraisal of the disability level.
Based on the appraisal results, the compensation standard is calculated. Finally, if the employer has paid work-related injury insurance, except for the wages and one-time employment subsidies during the suspension period, which need to be paid by the company, other items are generally paid by work-related injury insurance; If the employer fails to open an account for the worker's work-related injury insurance, all the compensation involved shall be borne by the employer; If the employer has registered for the work-related injury insurance for the employee but has not paid the insurance premium, and the employee can make up the payment in time after the work-related injury, the relevant expenses shall be borne by the social security and the company through negotiation.
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Go to the hospital to determine the extent of the work-related injury and then see how to compensate or something. It stands to reason that if there is work-related injury insurance, it should be compensated by insurance.
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Go to the local labor department to apply for a work-related injury appraisal, and if it constitutes a disability, apply for a disability appraisal. If you have paid work-related injury insurance, you can apply for medical expense reimbursement and compensation at the work-related injury ** center through this information.
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Apply for work-related injury and disability appraisal, and apply for work-related injury labor arbitration.
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1. Disability level.
Discrimination: 1. Spinal compression.
Fractures, the overall height of the anterior edge of the vertebral body is reduced by more than 1 2 grade 8.
2. The height of the leading edge of vertebral compression 1 2 is the nine poles.
2. Compensation standard:
1. ** Salary during the period, according to the <
Regulations on Work-related Injury Insurance.
Article 31.
2. Living care expenses.
In accordance with Article 32 of the Regulations on Work-related Injury Insurance.
3. One-time disability subsidy.
and a one-time medical benefit for workers' compensation.
and Disability Employment Grant.
In accordance with Article 35 of the Regulations on Work-related Injury Insurance.
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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. Reporting: (applicable to local or non-local work-related injuries).
1. Report: In the event of a work-related injury, the unit must report it within 12 hours as soon as possible.
2. Hospital: In the event of a work-related injury, the unit must admit the employee to the nearest hospital for rescue as soon as possible, and the hospital must be a public hospital at or above the town level, or a hospital recognized by local basic medical care; When you are admitted to the nearest hospital for rescue, you must stamp the "emergency stamp";
3. Seek medical treatment: When you go to the doctor, you need to inform the doctor of the symptoms and the process of occurrence;
2. Seek medical treatment. 1.Medical records: Please keep the original medical records (stamped with the emergency seal, not written in the workplace);
2.Invoices: Please keep all the original invoices, i.e. the original receipts of the hospital;
3.Medication list: If it is an outpatient clinic**, please ask the hospital to print the "medication list" in time after each outpatient payment, and keep the original in good condition;
4.Medication list: Please print the "medication list" (discharge summary) at one time after hospitalization** is over**;
5.Medication: Please follow the scope of medical insurance, imported drugs cannot be reimbursed;
6.Diagnosis Certificate: After the first visit, please ask the diagnostician to write a "Diagnosis Certificate" immediately and keep the original (not the workplace, only the name of the injured person);
7.Inspection report: If there is a photo examination, such as X-ray, CT, etc., please keep the original "inspection report" intact;
8.Note: All medical records and diagnosis certificates do not appear on the workplace, only the name of the injured person.
3. Handling of work-related injury declaration and claim procedures.
1. Unit information:
l Provide a detailed written report within 15 days and fill in the "Industrial Accident Declaration Form";
l Copy of employee's medical record.
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The steps are as follows:
1. Work-related injuries. Reporting Procedures.
The employer shall, within 15 days from the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease, submit a work-related injury report to the local labor administrative department. (This procedure is only available if the employer has taken out work-related injury insurance for the employee at the work-related injury insurance institution).
2. Procedures for determining work-related injuries.
The procedure for the social insurance agency to investigate and determine whether the work-related injury (death) accident is a work-related injury, which is the first step for general work-related injuries. However, if the employer agrees in writing that it is a work-related injury and does not have work-related injury insurance, it may not go through this procedure.
3. Work-related injury appraisal procedures.
Work-related injury appraisal refers to the act of assessing the disability level of an employee who applies for work-related injury appraisal on the basis of his or her work-related injury determination (i.e., after going through the procedure for determining the completion of the injury) after the completion of his or her medical treatment or the expiration of the medical treatment period. In a broad sense, the appraisal of work-related injuries includes the appraisal of working ability and the appraisal of disability level. In the narrow sense, work-related injury identification refers to the identification of the level of disability.
4. Negotiate compensation procedures.
After the work-related injury is appraised, the amount of compensation can be calculated according to the appraisal standard. If the unit has taken out work-related injury insurance, the national work-related injury insurance agency will directly issue work-related injury insurance benefits according to the standards. If they are not insured (especially at the work-related injury insurance institution), they will negotiate with the employer to settle the matter according to the standards.
5. Labor arbitration procedure.
If the dispute cannot be resolved through negotiation with the employer, the arbitration procedure may be initiated in accordance with the labor arbitration regulations.
6. Court trial procedures.
Those who are dissatisfied with labor arbitration may file a lawsuit with the court for resolution. Those who are dissatisfied with the judgment of the court of first instance may appeal to the court of second instance in accordance with law.
7. Execution procedures.
If the employer fails to pay the compensation fee after the arbitration or judgment takes effect, it may file an application for enforcement with the court enforcement bureau in accordance with the effective legal documents, and the court will enforce it.
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1. Declaration.
1) The employer shall report the work-related injury to the Labor Bureau within 30 days after the accident, apply for labor ability appraisal after having a work-related injury certificate, and then compensate by the work-related injury insurance institution.
2) If the employer fails to declare within 30 days: the injured employee shall apply to the local labor bureau for work-related injury recognition within one year after the accident, apply for labor ability appraisal after obtaining the work-related injury identification, and apply for compensation to the work-related injury insurance institution according to the disability level after the appraisal results are obtained.
2. If the employer fails to pay work-related injury insurance for the employee: the unit shall compensate according to the standards stipulated in the Regulations on Work-related Injury Insurance, and the procedures for applying for work-related injury recognition and labor ability appraisal shall be the same as above.
3. Regarding the application for work-related injury recognition and claim for work-related injury compensation: if the negotiation fails, labor arbitration can be initiated.
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1. The claim process is as follows:
1. After the conclusion of the employee's disability appraisal or the approval of the work-related death is issued, the employer shall promptly appoint a special person to contact the work-related injury insurance agency to go through the procedures for the declaration and allocation of benefits.
2. When making the declaration, the employer shall fill in the "Approval Form for the Declaration of Work-related Injury (Death) Insurance Benefits for Employees" and the "Verification and Acceptance Form for Work-related Injury Medical Expenses", together with the original invoice for medical expenses, the "Work-related Injury Recognition Certificate" or "Occupational Disease Diagnosis Certificate", the "Work-related Disability Certificate", the approval of the labor administrative department for the work-related death of the injured employee, the wage payment form for the 12 months before the work-related injury (death), the certificate of supporting immediate family members, the employee's ID card and payment certificate, etc.
3. If it is a traffic accident, it must be reported to the traffic police department for the responsibility analysis and handling opinions of the accident.
If they go missing while away on business, they must report to the local public security department with a certificate of disappearance and a written verdict from the people's court declaring them dead.
If there is both civil compensation for work-related injury (death), civil compensation should be actively sought, and after the civil compensation is completed, fill in the "Civil Compensation Form for Work-related Injury (Death) of Employees" together with the civil compensation mediation letter and other relevant documents.
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1. Definitions.
Injured workers are injured in production or work.
Injury refers to the accidental injury suffered by a state official in the course of performing the official duties conferred by the state, ** and the law.
2. Nature. Injury; It refers to an accident in which an employee of an enterprise is injured unexpectedly in production and work, but there is only a "work-related injury" in the current law. Injuries sustained in the line of duty by administrative institutions shall be handled mutatis mutandis as "work-related injuries".
3. Regulations. 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) Being injured in a motor vehicle accident while commuting to or from work;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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The difference between work-related injuries and work-related injuries is as follows: work-related injuries, also known as industrial injuries, occupational injuries, industrial injuries, and work-related injuries, refer to injuries caused by adverse factors and occupational diseases suffered by workers when they engage in occupational activities or activities related to occupational activities. In the area involved in occupational activities, the physical injury to the worker is caused by the poor working environment, poor conditions, excessive tasks or sudden accidents.
and occupational diseases caused by occupational hazards specific to the working environment. It is an abbreviation for work-related injuries as opposed to non-work-related injuries. At present, cadres and employees of organs and institutions in China are usually disabled due to work-related injuries, but now the "Regulations on Work-related Injury Insurance" has been applied to public institutions, and there is no longer a difference between work-related injuries and work-related injuries.
The difference between the two practices has disappeared, and the determination of work-related injuries is mainly based on the Regulations on Work-related Injury Insurance and the relevant implementation measures of various provinces. Therefore, there is no essential difference between work-related injuries and work-related injuries, and it is obvious that distinguishing them is a product of the planned economy era.
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Work-related injuries or illnesses.
Article 14 of the Regulations on Work-related Injury Insurance 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.
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