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1.It is not necessary to provide a household registration book for the declaration of work-related injury determination. According to Article 18 of the Regulations on Work-related Injury Insurance, the following materials shall be submitted to apply for work-related injury determination:
1) Application form for determination of work-related injury;
2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;
3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.
Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.
2.To apply for work-related injury determination, you need to go to the labor department where the injured employee's unit is located.
3.According to Article 17 of the Regulations on Work-related Injury Insurance, the employer shall apply for a work-related injury determination for the employee within 30 days from the date of the accident injury.
4.Because the specific operation varies from region to region, it is recommended to call 12333 to consult with the local labor department before applying.
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You don't need a household registration book, you only need to provide a personal ID card.
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1. The Measures for the Determination of Work-related Injuries stipulate that if an employee is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the laws and regulations on the prevention and treatment of occupational diseases, the unit to which he belongs shall submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area within 30 days from the date of occurrence of the injury or the date of diagnosis or appraisal of the occupational disease. If the employer fails to submit an application for work-related injury recognition within the prescribed time limit, the injured employee, his or her immediate family members, or trade union organizations may directly submit an application for work-related injury determination in accordance with Article 3 of these Measures within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. 2. The "Provisions" point out that the application for work-related injury recognition shall fill in the "Application Form for Work-related Injury Determination" and submit a copy of the labor contract or other valid proof of the establishment of the labor relationship; Post-injury diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate) issued by a medical institution.
3. If the employee or his immediate family members believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof. If the employer refuses to provide evidence, the labor and social security administrative department may make a conclusion on the determination of work-related injury in accordance with law on the basis of the evidence provided by the injured employee. The administrative department for labor and social security shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for determination of work-related injury.
Determination decisions include the determination of work-related injuries or deemed work-related injuries and the determination of non-work-related injuries or non-work-related injuries. What are the materials required for the identification of personal work-related injuries? 1. After an injury (death) accident occurs to an employee of the employer, if the employer fails to issue an accident report and apply for work-related injury recognition in accordance with the regulations, the injured employee or his relatives may apply for work-related injury recognition to the labor and social security bureau where the local insurance or the enterprise's business license is registered.
At the same time, individuals applying for work-related injury recognition must bring the following materials: 2. Valid written labor contract or de facto labor relationship certificate between the employee and the employer 3. Application for Determination of Work-related Injury of Employees 4. Employee's ID card and work permit (or work card) 5. Materials on the injury (death) of the employee or the employer (truthfully describing the accident) 6. Relevant circumstantial evidence materials (such as on-site records of written evidence materials of eyewitnesses, **, confession records, etc.) 7. Determination of responsibility for road traffic accidents, Proof of permanent residence, etc. (in the case of traffic accidents) 8. Other materials required for the determination of work-related injuries 9. Proof of entrustment of the injured employee and proof of the hail of relatives (if the relatives apply for work-related injury identification) There are clear legal procedures for the determination of work-related injuries, so the preparation of relevant materials is an important basis for the protection of one's own interests, but in practical application, some people will ignore the details of such problems, so even if they follow the relevant procedures, there will still be problems in safeguarding their own interests. Because of the insufficient preparation of materials.
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Legal analysis: If the insured person is injured during work, the person in charge of the employer shall declare the work-related injury insurance to the social security institution. Handle the work-related injury insurance declaration process.
1. Materials to be submitted:
1. Fill in the Application Form for Identification of Work-related Injuries of Employees in quadruplicate;
2. Carry the labor contract signed between the enterprise and the injured employee;
3. Certificate of initial (same-day and continuous**) diagnosis from the rescue hospital or designated medical institution;
4. ID card and unit certificate of the injured person; 5.In the case of traffic accident injuries or violent injuries, the public security department's responsibility ruling and relevant handling certificates shall be submitted, and if the next cong is unknown, the judicial department shall submit a ruling; (Original and photocopy).
6. Proof of work-related injury;
7. Business license of the employer;
8. Proof of payment of work-related injury insurance;
9. Injured employee individual**11
2. Appraisal of the working ability of the injured employeeAfter the work-related injury is determined due to work-related injury, the work-related injury medical treatment period expires or after the work-related injury medical treatment period is ** and the injury condition is stable, the employee shall go to the district and county labor appraisal committee for labor ability appraisal and assess the disability level. The Labor Ability Appraisal Committee shall make a conclusion within 60 days from the date of receipt of the application for labor ability appraisal.
Legal basis: Article 6 of the Measures for the Determination of Work-related Injuries An application for work-related injury determination shall be submitted by filling in the Application Form for Work-related Injury Determination and submitting the following materials: a copy of the labor or employment contract or other supporting materials for the existence of labor relations (including de facto labor relations) and personnel relations with the employer.
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If the company refuses to apply for a work-related injury determination, the employee's close relatives may apply. The employer shall apply for a work-related injury determination within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease; If the employer fails to apply, the injured employee or his close relatives or trade union organization may apply within one year from the date of occurrence of the accident or the date of diagnosis or appraisal of the occupational disease.
1. What should I do if the company does not give a disability appraisal after a work-related injury?
If the employer fails to 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 or appraisal of an occupational disease, the injured employee, his close relatives or trade union organization may directly submit an application for work-related injury recognition 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 an occupational disease.
2. What should be determined after an employee has a work-related injury?
After an employee suffers a work-related injury, a work-related injury determination shall be conducted. The employer shall apply within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease; If the employer fails to apply, the injured employee or his close relatives or trade union organization shall apply within one year from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease.
3. Is there a time limit for determining a work-related injury?
There is a time limit for determining a work-related injury, and the employer shall apply for a work-related injury determination within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease; If the employer fails to apply, the injured employee or his close relatives or trade union organization shall apply within one year from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease.
Article 17 of the Regulations on Work-related Injury Insurance.
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 submit an application for recognition of work-related injury 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 or appraisal of an 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.
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, his close relatives 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 social insurance administrative department of the coordinating area where the employer is located.
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Legal Analysis: It doesn't matter. Workers' compensation is calculated on the basis of the person's actual average salary in the 12 months prior to the injury, not on the basis of the nature of the household registration.
If the disability is constituted, a one-time disability subsidy can be obtained during the continuation of the labor relationship, and medical subsidies and employment subsidies can be obtained after the termination of the labor relationship.
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 medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a 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 standards for work-related injury insurance hospitalization services shall be formulated 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 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be extended appropriately after confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months.
After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If an injured employee still needs to make a complaint after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy medical treatment for work-related injuries. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
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The determination of work-related injury only needs to be submitted to the social security agent of the personnel department to declare, such as **, ID card, labor contract, application for personal injury identification, department certificate, certificate of two references, medical records on the day of work-related injury, diagnosis certificate (non-medical insurance card settlement) and other materials.
I will go back in person when I have to do the work-related injury grade assessment.
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