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Count as a work-related injury. In accordance with the Regulations on Work-related Injury Insurance
Determination of work-related injuries. 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.
Your situation meets the requirements of subsection (1) and should be recognized as a work-related injury.
Submit an application for work-related injury recognition to the labor appraisal committee of the local labor bureau (human resources and social security bureau) or the social security agency.
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 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 region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members 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 to the labor and social security administrative department of the coordinating area where the employer is located.
Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.
If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.
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It can be recognized as a work-related injury. Units or individuals apply to the local labor department for recognition.
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During the period when an employee suffers a work-related injury, the employer cannot transfer the job at will, and the job transfer is the main content of the change of the labor contract, and the employer must first reach an agreement with the employee.
If the employer is transferred for production and operation needs, and the transfer is reasonable, does not have an insulting or punitive nature, does not reduce the salary and benefits, and is related to the position agreed in the labor contract, the transfer is valid; As a worker, you should comply with it. Of course, the reasonableness of the position adjustment requires the employer to provide evidence; On the contrary, if the employer adjusts the position of the employee based on forcing the employee to leave the job, the employee can refuse. If an employer terminates an employment contract on the grounds that the employee does not obey the arrangement, it is an illegal termination. The employee can apply for labor arbitration to claim compensation, and pay 2 months' salary for 1 year of service, that is, 2N.
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