Work related injury handling process, how to deal with work related injury process

Legal analysis: When an employee is injured in an accident, whether as an employer or an injured employee, in addition to being active, it is necessary to first grasp the time limit for applying for work-related injury identification, which is the premise that the legitimate rights and interests of the injured employee are protected. This requires the employer to go through the formalities of reporting the work-related injury within the prescribed time limit.

If the deadline is exceeded, it is difficult to determine. As for the time limit for applying for work-related injuries, China's "Regulations on Work-related Injury Insurance" stipulates that "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 or she belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease, submit an application for recognition of work-related injury to the labor and social security 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 labor and social security administrative department.

Legal basis: "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 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 work-related injury recognition to the labor and social security 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 labor and social security administrative department. ”

Legal analysis: After a work-related injury occurs, you need to go to the social security bureau to confirm whether the employer has purchased work-related injury insurance for you. After the Social Security Bureau determines that it is a work-related injury and the medical treatment period expires, an application for labor ability appraisal can be submitted to the Social Security Bureau.

Depending on the injury, the treatment period is different. If there is any objection to the result after the appraisal of working ability, it may apply for re-appraisal to the labor ability appraisal committee at the next higher level within 15 days from the date of receipt of the result. Depending on the level of disability, the compensation received is not the same.

The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, pay for the period of leave of absence, etc.

Legal basis: 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 Control 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, 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. In accordance with the provisions of the first paragraph of this Article, the provincial-level social insurance administrative department shall handle the work-related injury determination by the districted-city social insurance administrative department where the employer is located in accordance with the principle of territoriality. If the employer fails to submit an application for work-related injury determination 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 that comply with the provisions of these Regulations during this period.

If an employee is injured at work, it should be dealt with in accordance with the law. If the employee is dissatisfied with the work of the employer, then the employee can terminate the employment relationship with the employer after the work-related injury is handled and the employee is compensated. If the employer is not satisfied with the employee's work, the employee can still work normally before the employer proposes to terminate the employment relationship.

The work-related injury process is as follows:

1. Timely delivery to the hospital**.

2. Apply for work-related injury recognition. The employer applies within one month after the accident, and if the employer fails to apply on time, the employee can apply for a work-related injury determination within one year after the accident.

3. ** and rest period. During the period when the employee is in the hospital** and resting, the employer pays the employee's salary on a monthly basis, and the salary remains unchanged.

4. Labor ability appraisal. Employees can apply for disability appraisal after reaching a certain period of medical treatment.

5. Review of work-related injury benefits. Employees can apply for work-related injury benefits, reimbursement of medical expenses and one-time disability allowance after the completion of the ** or labor ability appraisal.

6. When the employee terminates the labor relationship with the unit, the employer shall pay a one-time employment subsidy to the disabled and a one-time medical subsidy to the social security. Article 37 of the Labor Contract Law stipulates that an employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 of the Social Insurance Law stipulates that the following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of the installation of disability assistive devices;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee. Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the state:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.