What is the state regulation on work related injuries and occupational diseases? Is it possible not

Occupational disease patients are entitled to the occupational disease treatment prescribed by the state in accordance with the law. Employers shall transfer patients with occupational diseases who are not fit to continue to engage in their original jobs and make appropriate placements. Employers shall provide appropriate post allowances to workers who are exposed to occupational disease hazards.

The diagnosis and expenses of occupational disease patients, and the social security of occupational disease patients who are disabled and have lost the ability to work shall be implemented in accordance with the provisions of the state on social insurance for work-related injuries. Occupational disease patients are entitled to social insurance for work-related injuries in addition to the law.

1. For workers engaged in operations that are exposed to occupational disease hazards, the employer shall organize occupational health examinations before, during and after employment in accordance with the regulations of the health administrative department, and truthfully inform the workers of the results of the examination. The cost of occupational health examination shall be borne by the employer.

2. When employers and medical and health institutions discover patients with occupational diseases or suspected occupational diseases, they shall promptly report to the local Center for Disease Control and Prevention. If an occupational disease is diagnosed, the employer shall also report to the local labor and social security administrative department.

3. Occupational disease patients shall enjoy the occupational disease treatment prescribed by the state in accordance with the law.

Employers shall, in accordance with the relevant provisions of the state, arrange for occupational disease patients to undergo regular examinations.

4. In addition to enjoying social insurance for work-related injuries in accordance with the law, occupational disease patients have the right to claim compensation from the employer if they still have the right to receive compensation in accordance with the relevant civil laws.

5. If a worker is diagnosed with an occupational disease, but the employer does not participate in the work-related injury social insurance in accordance with the law, the medical and living security shall be borne by the last employer; If the last 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.

6. The employer shall arrange for the diagnosis of suspected occupational disease patients in a timely manner; During the period of diagnosis or medical observation of a patient suspected of having an occupational disease, the labor contract concluded with the patient shall not be dissolved or terminated.

The expenses incurred by the suspected occupational disease patient during the period of diagnosis and medical observation shall be borne by the employer.

7. Diagnosis and treatment of occupational disease patients, ** expenses.

8. If an occupational disease patient changes his or her work unit, the treatment he or she enjoys in accordance with the law shall remain unchanged.

In the event of division, merger, dissolution, bankruptcy, etc., an employer shall conduct a health examination of the workers engaged in operations that expose them to occupational disease hazards, and properly place the occupational disease patients in accordance with the relevant provisions of the State.

Luoyang daughter line (Wang Wei), veteran line (Wang Wei), Taoyuan line (Wang Wei).

1. Occupational diseases are not work-related injuries, right?

1. Occupational diseases belong to the category of work-related injuries. However, the following four conditions must be met for the prescribed occupational diseases:

1) The main body of the disease is a worker in an enterprise, public institution or individual economic organization;

2) must have arisen in the course of engaging in professional activity;

3) It must be caused by exposure to occupational disease hazards;

4) It must be an occupational disease listed in the classification and catalogue of occupational diseases published by the state.

2. Legal basis: Article 14 of the Regulations on Work-related Injury Insurance.

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) During the period when they are out for work, they are injured or their whereabouts are unknown in an accident due to the fact that they are accompanied by a worker;

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.

2. Definition of work-related injuries and occupational diseases.

1) Work-related injury: refers to the personal injury accidents and occupational diseases caused by the working hours and workplaces of the employees of the enterprise who are engaged in production and labor, or caused by working conditions and working environment. Accidental injuries suffered under other special circumstances cannot be regarded as work-related injuries.

In simple terms, it refers to acute work-related injuries;

2) Boundaries between work-related injuries and non-work-related injuries: there are generally time boundaries, spatial boundaries, occupational boundaries, subjective fault boundaries, and statutory special boundaries;

3) Time boundary: generally limited to working hours; Spring Late.

4) Spatial boundaries: generally limited to the workplace;

5) Occupational boundaries: that is, it is limited to injuries suffered in the performance of duties, if the injury is due to private matters, even if it occurs during working hours and in the workplace, it is not considered a work-related injury; However, if it is due to work, even if it occurs outside of working hours and the workplace, it is considered a work-related injury;

6) Subjective fault boundary: that is, except for the injury intentionally caused by the employee himself, which is not a work-related injury, generally speaking, the injury that occurs in the subjective psychological state of the employee himself or without fault should be a work-related injury as long as it meets other conditions for work-related injury.

In addition to the fact that an occupational disease is a work-related injury, an employee shall be deemed to have suffered a work-related injury in any of the following circumstances: during working hours and in the workplace, he or she is injured by violence or other accidents due to the performance of his or her work duties; During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; Injured in an accident during working hours and in the workplace due to work-related reasons; Other.

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) 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) During working hours and in the workplace, being injured by violence or other accidents due to the performance of work duties; 4) Suffering from occupational diseases; (5) During the period of going out for work, they are injured due to work omission or the whereabouts of an accident are unknown; 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: According to the law, suffering from an occupational disease is a work-related injury. If an employee with an occupational disease resigns, the employee may request the employer to pay compensation, and how to pay it shall be implemented in accordance with the provisions of the Regulations on Work-related Injury Insurance.

Legal basis: Regulations on Work-related Injury Insurance

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy the medical treatment of Qiaoqi work-related injuries.

Employees who are injured at work shall seek medical treatment in the medical deficit chain institution that has signed the service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

Article 34 Where an injured worker has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of daily care, he or she shall be paid a monthly living care allowance from the work-related injury insurance.

The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.