What should I do if the factory doesn t help me report my work related injury

Updated on society 2024-07-28
6 answers
  1. Anonymous users2024-02-13

    Apply on your own. 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 region. 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.

    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.

    Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:

    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. Anonymous users2024-02-12

    Yes, within one month, you can write an application, explain the work-related injury, and go to the local labor bureau to apply directly for work-related injuries.

  3. Anonymous users2024-02-11

    If the employer fails to submit an application for work-related injury recognition within the prescribed time limit (30 days), the injured employee, his or her immediate family members, or trade union organizations may directly apply for work-related injury recognition in accordance with the law.

    Time limit for injured employees or their immediate family members and trade union organizations to apply for work-related injury recognition: 1 year, calculated from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational disease. This period is the exclusion period.

    Work-related injury identification materials submission process:

    Fill in the Application Form for Work-related Injury Recognition formulated by the Ministry of Human Resources and Social Security

    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.

    If the materials provided by the applicant are incomplete, the social insurance administrative department shall inform the applicant in writing of all the materials that need to be supplemented and corrected on the spot or within 15 working days.

  4. Anonymous users2024-02-10

    This is your question. A guy who can be a man, when you don't infringe on the interests of others, he will not embarrass you. I'm sorry.

  5. Anonymous users2024-02-09

    If the employer does not compensate for the injury caused by the injured employee, the injured employee may promptly collect evidence of the labor relationship, evidence of the diagnosis and treatment of the work-related injury, and evidence of the fact of the work-related accident, and apply to the Labor Dispute Arbitration Commission for arbitration, requesting the employer to compensate in accordance with the work-related injury standard.

    Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, if a labor dispute occurs, and the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

  6. Anonymous users2024-02-08

    If the factory does not report the work-related injury, you or your close relatives shall apply to the Human Resources and Social Security Bureau for work-related injury recognition within one year (statute of limitations) after the injury, and after the identification, the work-related injury and disability level will be appraised when the injury is relatively stable, and the disability treatment will be calculated according to the grade. If the unit does not give or gives less, it will be awarded to the labor arbitration.

    If you report a work-related injury, you may not be able to provide proof of labor relationship, but if you have salary slips, exit permits and other evidence that you are working in this factory, you should go to labor arbitration to determine the labor relationship first. If there is no physical evidence, you can find two people to write a certificate to prove when you worked in this factory, what kind of work you did in this factory, what time you were injured, etc., and labor arbitration will also accept it. 1) 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 labor and social security 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 occupational disease.

    2) The following materials shall be submitted to apply for work-related injury determination:

    1) An application for determination of work-related injury by an individual employee;

    2) Valid identification of the injured worker;

    3) A copy of the text of the labor contract or valid proof of the existence of an employment relationship (including a de facto labor relationship) with the employer;

    4) The employer's accident investigation report (not required for individual declarations);

    5) Post-injury diagnosis certificates, initial medical records, and inpatient medical records issued by medical institutions, and legal and valid occupational disease diagnosis certificates or appraisals shall be provided if they are occupational diseases.

    6) A copy of the employer's business license.

    1.During working hours and in the workplace, if a person dies due to an accident injury due to work-related reasons, or is engaged in work-related preparatory or finishing work in the workplace before or after working hours, he or she shall submit a death certificate and an accident investigation report issued by the relevant department;

    2.Where they are injured by violence or other accidents as a result of performing their work duties, submit a certificate from the public security organ, a judgment of the people's court, or other valid proof;

    3.If a person is injured due to work-related reasons while he or she is away from work, he or she shall submit a certificate from the public security organ or other valid certificates; In the event of an accident where the whereabouts of the accident are unknown, a determination of work-related death is requested, and a conclusion declaring the death to be submitted to the people's court;

    4.For ** accidents caused by motor vehicle accidents, submit the traffic accident identification letter or relevant treatment certificate of the public security traffic management department;

    5.During working hours and at work, if you die of sudden illness or die within 48 hours after rescue fails, submit a rescue and death certificate from a medical institution;

    6.Where harm is caused in activities to preserve national interests or public interests, such as emergency rescue and disaster relief, a valid certificate issued by the relevant department at or above the county level at the place where the incident occurred is to be submitted in accordance with laws and regulations;

    Three. The labor bureau has a unified ** application form, and you can fill it out by yourself at that time.

Related questions
33 answers2024-07-28

Employees can apply for work-related injury recognition by themselves, and as long as they get work-related injury identification, they can enjoy work-related injury benefits. >>>More

12 answers2024-07-28

Hello: If it is a work-related injury, the work-related injury will be identified, and then the disability appraisal will be carried out, and then the labor arbitration claim will be made.

8 answers2024-07-28

Believe in your own feelings,,Be brave,Be brave to yourself,Don't give up if you like it,,If you miss it, you won't have it,So,Don't give up the person you care about because of a momentary mood,,Since you love each other, you have to be together!! Be happy together. It's better to take the initiative to ask him, I believe he is also waiting for you, I wish you happiness, hehe.

22 answers2024-07-28

If you are beaten by the squad leader in the factory, I think you can call the police, because no matter what happens, you can't hit people at will.

8 answers2024-07-28

You don't analyze the reasons for your poor grades, you only know that you are depressed, what is the use of being depressed, and can you improve your grades? Examination? Afraid of what. >>>More