How long after an injury in the factory will not be recognized as a work related injury Is there a t

Injuries sustained in the factory are considered work-related injuries and do not change their nature depending on the length of time they seek medical treatment.

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.

The key is not when you go to the hospital, but when you determine that the work-related injury requires evidence such as human and physical evidence, and after a long time, if you don't look at it, once the injured part is inflamed or painful, and you want to go to the hospital, it will be difficult to confirm whether your injury is a work-related injury. Make sure to seek medical treatment as soon as possible, and let your leaders and colleagues know, so that your rights and interests can be protected.

Declare within one year from the date of injury, otherwise the statute of limitations will be exceeded.

There is a time limit, and the declaration must be made within one year at the latest.

It is related to when to report a work-related injury for 1 year. It doesn't matter when **.

intentional offense; Drunkenness or drug use; self-harm or suicide; Other circumstances provided for by laws and administrative regulations.

China's work-related injury insurance regulations stipulate that whether an injury at work in Zaozheng Company is considered a work-related injury is not whether the injury is serious, but whether it meets the conditions for work-related injury.

1. What conditions during work are not considered work-related injuries?

1. Quarrel with the sedan car due to crime or violation of public security management. If an employee commits a crime or violates the administration of public security, it is naturally unrelated to the performance of work duties and shall not be recognized as a work-related injury.

2. Drunkenness leads to **. Employees who are drunk have nothing to do with the performance of their job duties, even if they are in the working hours and workplace, they shall not be recognized as work-related injuries.

3. Self-harm or suicide. This kind of personal injury is the responsibility of the perpetrator himself and cannot be recognized as a work-related injury.

4. Although the injury occurred during working hours or in the workplace, it was not a violent injury caused by the performance of duties or business, nor was it a work-related injury.

5. A traffic accident occurs on the way to and from work, but the person bears the main or full responsibility.

6. It is not within the workplace and working hours, and it is not because of the performance of work duties, and it is not determined that it is not a work-related injury.

7. During working hours and at work, if the sudden illness rescue is ineffective and dies after 48 hours, it is not considered a work-related injury.

8. During working hours and in the workplace, injuries that are not caused by work, including employees who engage in personal activities during the period when they are out for work, cannot be recognized as work-related injuries.

2. The conditions for the recognition of work-related injuries are:

1. Injured in an accident during working hours and in the workplace due to work reasons;

2. Injured at work in the workplace before or after working hours because of work-related preparatory or finishing work;

3. During working hours and in the workplace, the work-related injury is caused by the performance of work duties;

4. Suffering from occupational diseases.

Legal basis: Social Insurance Law of the People's Republic of China

Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other situations where laws or administrative regulations implicitly contradict each other.

Regulations on Work-related Injury Insurance

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.

Legal analysis: 1. The unit shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis and appraisal of the occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

2. 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 or her close relatives or trade union organization may directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

Legal basis: Regulations on Work-related Injury Insurance

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) Suffering from violence or other accidental injuries 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.

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 activities to preserve the national interest or the public interest, such as disaster relief;

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.

Legal Analysis: Not counted. If you are not during working hours, no one can prove that you had an accident in the workplace, nor can you say whether the accident was caused by a rotten imitation of work or personal behavior.

If an employee leaves his or her workplace to do something unrelated to his or her own work during working hours, the accident that occurs during the period cannot be recognized as a work-related injury.

Legal basis: Regulations on Work-related Injury Insurance

Article 1 These Regulations are formulated in order to ensure that employees who are injured by hunger or suffer from occupational diseases as a result of their work receive medical treatment and economic compensation, to promote the prevention of work-related injuries and occupational work-related injuries, and to disperse the risk of work-related injuries by employers.

Article 2 Enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms and other organizations within the territory of the People's Republic of China, as well as individual industrial and commercial households with employees (hereinafter referred to as "employers") shall, in accordance with the provisions of these Regulations, participate in work-related injury insurance and pay work-related injury insurance premiums for all employees or employees of their units (hereinafter referred to as "employees").

An injury sustained by a worker who is not working during working hours is not considered a work-related injury. 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.

Legal basisArticle 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) Injured in an accident while engaged 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 urban rail transit, passenger ferry, or train accident for which they are not primarily responsible; (7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

Injuries sustained by workers who are not injured during working hours are not considered work-related injuries unless they are injured in a traffic accident that is not attributable to them while commuting to or from work. If an employee is injured at work, within 30 working days after the cause of the work-related injury, the enterprise shall apply to the relevant social security department for work-related injury appraisal. If the employer fails to pay the corresponding social insurance for the employee in accordance with the laws and regulations of the state, the expenses arising from the work-related injury shall be borne by the enterprise itself, and the enterprise may also face corresponding administrative penalties according to the relevant regulations.

1. What is the scope of compensation for work-related injury insurance?

The medical expenses incurred by the employee, the accommodation expenses incurred by the employee's hospitalization, etc., if the employee needs it, the auxiliary device can also be reimbursed without the potato attendant, the salary of the suspension period (according to the level determined by the work-related injury appraisal, there are corresponding legal calculation standards, and after the confirmation of the relevant departments, it can be appropriately extended), nursing expenses, etc., one-time disability subsidy (disability appraisal is also required first, to be disabled), if the pull relationship is dissolved, the resulting work-related injury medical subsidy, If an employee dies, there is no need to pay funeral expenses, family pensions, subsidies, etc.;

Scope of compensation of the enterprise: the appraisal fee shall be borne by the enterprise, and a certain employment subsidy shall be paid (generally paid in the case of the dissolution of the pulling relationship), and if the employee needs additional nutrition, a certain nutrition fee shall be paid, and if the death of the worker is directly caused, it may also involve the payment of mental losses to relatives (there is no specific standard, based on the actual situation), if the employee is indeed the only one to support or support the obligor, Businesses may also have an obligation to pay the living expenses of dependents or dependents. and other reasonable expenses.

After the expiration of the recuperation period, the employee returns to the enterprise to continue working, and once the employee confirms the reply or the suspension period expires, he or she shall return to the original unit to continue working according to the arrangement or agreement. If the employee does not directly arrive at the post after the expiration of the period, it may be deemed to be absenteeism, and the deduction of salary, filial piety, punishment, or even dismissal caused by absenteeism shall be implemented in accordance with the relevant provisions of the labor contract or the relevant provisions of the labor contract law. If the employee has not fully recovered and cannot arrive at work in time for legitimate reasons, he or she shall contact the employer in a timely manner, and the employer may also handle it as sick leave.

For the treatment of work-related injuries, on the one hand, it needs to be based on the actual work-related injuries, such as the specific type of work-related injuries caused and the consequences caused, and on the other hand, it is also necessary for the two parties to negotiate to determine the specific circumstances of the work-related injuries.

An injury sustained by a worker who is not working during working hours is not considered a work-related injury. 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) Suffering violence or other accidental injuries 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 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances: (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) Suffering violence or other accidental injuries during working hours and in the workplace due to the performance of the duties of the veteran worker; 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 found to be a rapid increase in work-related injuries.