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Leaving the position of occupational disease, but still working in the company, of course, can be regarded as an occupational disease, because you have not left the company, your illness is because of the position of the company you are in, and the disease caused by it is suitable for your occupation and related illness, so as long as you do not leave the company, of course, forget it.
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Because you work in a position that is prone to occupational diseases, you suffer from occupational diseases, even if you are later transferred to other safety positions by the company, your illness is still an occupational disease of the company, and you are subject to special benefits from the company.
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If you have worked in a position with an occupational disease, and now you have left this position to work in another position, and you are sick in your future life and work, and the cause of the ulcer is indeed related to the occupation you have worked in after the hospital, and it is true that it has been diagnosed as an occupational disease, you should be nitrified as an occupational disease.
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Absolutely. In the case of occupational positions, it is common to develop the disease after a change of guard.
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If you have an occupational disease, and have also been identified and certified, as long as the disease is not cured, there will be occupational disease care after the change of guard, if you do not have an identification, you need to re-identify after the change of guard, I hope it can help you!
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If you have an occupational disease, you need to apply for a work-related injury determination. After identification, they will enjoy work-related injury benefits. This legally guarantees that occupational diseases can be treated in the same way as work-related injuries, and will not deny the nature of occupational diseases by changing positions.
If there is no work-related injury identification, it is not recognized as an occupational disease. There is no recognition as soon as possible. There is only a one-year statute of limitations.
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Working in a position that may cause occupational diseases does not necessarily mean that you will get occupational diseases, so you can do an occupational disease identification examination to make sure that you can.
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If you did not suffer from an occupational disease before leaving the service. Then after changing to another position that is not at risk of occupational disease, you can't be fully occupational.
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It is not necessary to have an occupational disease in an occupational disease position that needs to be identified for occupational disease and a certificate for opening a hospital, so as to obtain compensation from the company.
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Legal analysis: If a person 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 submit an application for recognition of work-related injury to the labor and social security department within 30 days from the date of diagnosis or appraisal of the occupational disease. If the employer fails to submit an application for recognition of work-related injury in accordance with the above-mentioned provisions, the employee suffering from an occupational disease may directly apply to the labor and social security department for recognition of work-related injury within one year from the date of diagnosis or appraisal of the occupational disease.
Legal basis: Article 17 of the Regulations on Work-related Injury Insurance 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 area. In case of special circumstances, with the consent of the social insurance administrative department, the application time limit may be extended in turn.
If the employer fails to submit an application for determination of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee, his immediate family members, or the trade union organization may directly submit an application for determination of work-related injury to Xiaotong, the labor and social security administrative department of the co-ordinating area where the employer is located, within one year from the date of occurrence of the accident or the date of diagnosis or appraisal of the occupational disease.
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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In some cases, occupational diseases are relatively insidious. When a worker works in the previous company, he may be buried in the root of the occupational disease due to the influence of the working environment, and then he is diagnosed with the occupational disease when he changes to the next company.
In fact, in this case, you still don't have to worry too much, as long as you have an occupational disease, you can enjoy the treatment of occupational diseases in accordance with the law, but now your situation is to find which company to send you this treatment.
According to the regulations, if an employee is diagnosed with an occupational disease, the employer's medical treatment and livelihood security shall be borne by the employer, and if the current employer has evidence to prove that the occupational disease was caused by the occupational disease hazards of the previous employer, the previous employer shall bear the responsibility.
Of course, in this case, there are still two companies that pass the buck to each other, if this happens, then it is recommended to apply for old labor arbitration in time, the steps are as follows:
1. You need to prepare the following materials:
1) The labor dispute complaint should be in triplicate;
2) Go to the industrial and commercial bureau to inquire about a copy of the employer's industrial and commercial registration information;
3) A copy of your ID card;
4) Make copies of evidence materials in triplicate, such as labor contracts or agreements, pay stubs, work badges, clock-in records, witness testimony of colleagues, etc.
2. To apply for arbitration to the labor arbitration commission with jurisdiction, it is generally to apply to the labor arbitration commission of the district or county where it is located.
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Summary. Legal basis: Article 29 of the Labor Law of the People's Republic of China The employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law if the employee falls under any of the following circumstances:
1. Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work; (2) Sick or injured within the prescribed period of medical treatment; (3) Female employees are pregnant, giving birth, or breastfeeding; (4) Other circumstances provided for by laws and administrative regulations.
Hello, happy to answer your <>
No. Legal basis: Article 29 of the Labor Law of the People's Republic of China Where an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:
1) Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work; (2) Illness or injury, within the prescribed period of medical treatment; (3) Female employees are pregnant, giving birth, or breastfeeding; (4) Other circumstances provided for by laws and administrative regulations.
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What should I do if I have an occupational disease when I work in a company?
Workers can quickly choose an occupational disease diagnosis institution in the place where the employer is located, the place where their household registration is located, or the place where they habitually reside for occupational disease diagnosis. The following information is required for the diagnosis of occupational diseases: (1) the worker's occupational history and exposure history to occupational disease hazards (including on-the-job time, type of work, post prudence, tolerance, mu filial piety, and the name of the occupational disease hazard factors exposed, etc.); (2) The results of the worker's occupational health examination; (3) Detection results of occupational disease hazards in the workplace;
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Summary. Hello, you or your organization need to apply for certification to see if it is an occupational disease. If it is recognized as an occupational disease, then you can apply for certain compensation from the company.
What should I do if I have an occupational disease when I work in a company?
Hello, you or your organization need to apply for certification to see if it is an occupational disease. If it is recognized as an occupational disease, then you can apply for certain compensation from the company.
You need to find an agency for identification, not that you think it is, and you are looking for a company after you are sure.
The above is the reply, do you see if you have any other questions?
Hello, yes, the company's physical examination report shows that it is already an occupational disease, and how much compensation can I apply to the company.
Hello, according to the labor law, one month's financial compensation is generally paid for each full year.
How many years have you been working there?
The final compensation company is in accordance with the labor law.
I'm going to do this. What department of the company to apply.
A year and a half. Hello, you need to first find the labor department to identify the work-related injury, and then apply to the company's personnel department.
If it is less than one year, it will also be counted as one year.
How much compensation can I get in my case.
My average salary for these 12 months is around 7000.
It's almost 2 months of basic salary.
Isn't it an average salary.
It depends on your company, some companies will give an average salary, some will not.
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Summary. Hello, occupational diseases should be recognized as work-related injuries, and employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries; Where an administrative reconsideration or administrative lawsuit occurs after the social insurance administrative department makes a decision to determine a work-related injury, the medical expenses of the injured employee shall not be stopped during the period of administrative reconsideration or administrative litigation.
What should I do if I have an occupational disease when I work in a company?
Hello, occupational diseases should be recognized as work-related injuries, and employees who are injured in accidents or suffer from occupational diseases due to Sochun work shall enjoy medical treatment for work-related injuries; If an administrative reconsideration or administrative lawsuit occurs after the administrative department of social insurance Zibi makes a decision to determine that it is a work-related injury, the administrative reconsideration and administrative litigation shall not stop paying the medical expenses of the injured employee during the administrative reconsideration and administrative litigation.
Hello. What should I do if the air in the factory is bad and I can't go to work?
If you have an occupational disease because of your work, and the current working environment is not conducive to the employee's health, you can apply for a job change.
Occupational diseases refer to diseases caused by exposure to dust, radioactive substances and other toxic and harmful substances in the occupational activities of workers of enterprises, public institutions, individual economic organizations and other employers. The following four conditions are usually met: 1. The subject of the disease is a worker in an enterprise, public institution or individual economic organization; 2. It must be produced in the course of engaging in professional activities; 3. It must be caused by exposure to occupational disease hazards such as dust, radioactive substances and other toxic and harmful substances; 4. It must be an occupational disease listed in the classification and catalogue of occupational diseases published by the state. >>>More
Compensation standards for occupational diseases:
Medical expenses: The expenses required for diagnosis and treatment due to occupational diseases shall be paid by the work-related injury insurance** in accordance with the prescribed standards; >>>More
Go to the occupational disease department of the local occupational disease prevention and control hospital for diagnosis, if the doctor diagnoses and suspects an occupational disease, you need your father's occupational history and on-site test results and other materials, these materials are provided by the last unit where your father worked, if the unit refuses to provide it, it is considered that there are occupational disease hazards in the unit; If the diagnosis is not successful, a certificate will be given to you.
Go to a hospital approved by the Health Bureau with occupational disease identification and medical qualifications, and go to the occupational disease department for a professional examination.
The occupational diseases of people in different positions are different, and it mainly depends on the work or working environment that people are engaged in or the things that they will be exposed to at work that can lead to occupational diseases. >>>More