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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 employer to which he or she belongs shall be within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease. If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, the injured employee or 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.
If there are no special circumstances and the time is extended with the consent of the social insurance administrative department, the social insurance administrative department will no longer accept the extension of the time limit beyond the above time limit. Therefore, 10 years after the death of an employee, it is no longer possible to apply for a work-related injury determination.
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No, according to the relevant regulations of the state, it will not work for more than two years. It's been ten years now, and it's overdue.
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No, because the validity period is two years, and now it has been ten years, it cannot be recognized.
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10 years has expired, and there is no way to recognize a work-related injury.
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Of course, this is not possible, the time interval is too long, and the litigation period has passed, and I am afraid that no evidence can be presented.
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It's been so long, and I guess it's enough to choke. It should have been determined in a timely manner at that time. You can consult with the local human resources and labor security department to see if you can make any more determinations.
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Of course, you can't identify a work-related injury, you should have to do the work-related injury at that time, now the time has expired, and the evidence is difficult to find, now it's a little difficult to ask about this matter, you can only say that you don't understand the price of the law.
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Consider whether the application deadline has been exceeded.
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 Control of Occupational Diseases, the unit to which he or she 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, 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 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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As long as the application time limit does not exceed one year (within one year from the date of work-related injury), you can apply for work-related injury recognition at the local labor department, and then follow the procedures stipulated in the new "Work-related Injury Insurance Regulations" to identify and enjoy according to the new standard (the standard of one-time work-related death subsidy is 20 times the per capita disposable income of urban residents in the previous year).
If the statute of limitations for applying for the application has expired by one year, you can only go to the court to sue the employer directly, and the court will make a judgment according to the standard of civil compensation.
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According to the 2011 Regulations on Work-related Injury Insurance, apply to the court for a work-related injury ruling.
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This lawsuit must be fought, and the Buddha will not chase a penny, I don't understand, it has been a year for individuals to apply for work-related injury identification, and it will be very troublesome to turn around and get this now.
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It depends on the time of the injury at that time, and the injury suffered in 2010 was of course according to the time at that time.
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Article 39 of the Regulations on Work-related Injury Insurance If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions:
1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;
2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.
The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives is determined by the state. Business.
Regulations of the social insurance administrative department of the hospital;
3) The standard of one-time work-related death allowance shall be 20 times the per capita disposable income of urban residents in the previous year.
Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article.
Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.
Accordingly, your father-in-law's situation meets the requirements of "if a disabled employee of the first to fourth grades dies after the expiration of the period of suspension of work with pay, his close relatives may enjoy the benefits provided for in subparagraphs (1) and (2) of the first paragraph of this article." ”
Among them, the average monthly wage of local employees in the previous year in (1) can be searched on the Internet or asked the local labor department.
2) In accordance with the provisions of the "Regulations on the Scope of Supporting Relatives of Employees Who Die on Work" (documents of the Ministry of Labor), those who rely on the employees who die on work to provide the main living expenses during their lifetime** and have any of the following circumstances may apply for a pension for supporting relatives according to the regulations:
1. Completely incapacitated to work;
2. The spouse of the deceased employee is at least 6o years old for men and 55 years old for women;
3. The parents of the deceased employee are at least 60 years old for males and 55 years old for females;
4. The children of the deceased employee are under the age of 18;
There is no one-time work-related death benefit.
It is recommended that you ask the local labor department what the local regulations are, and some places have their own regulations in this regard.
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After death can claim to pay money.
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