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1. Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury identification:
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. If there is no medical record card and there is a diagnosis certificate from other hospitals, it can also be recognized as a work-related injury.
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As long as there are materials that can prove the labor relationship and the work-related injury, witness testimony is generally not used. After accepting an application for recognition of work-related injury, the social insurance administrative department may, as necessary for review, conduct an investigation and verification of the accident injury, and the employer, employee, trade union organization, medical institution and relevant departments shall provide assistance. Unless it is a very special situation, we will go to the scene to investigate.
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Hello dear! Glad to answer your <>
The medical records of the employee's hospitalization after the work-related injury can be used as one of the evidences to confirm the employment relationship, but cannot be used as the only evidence. Because the hospitalization medical records can only prove that the employee has indeed suffered a work-related injury and needs to be envied, it cannot directly prove that there is an employment relationship with the employer. If there is a dispute between the employee and the employer, it is necessary to comprehensively consider various evidence, such as labor contracts, wage payment records, social security payment records, work tasks, etc., to comprehensively determine whether there is an employment relationship.
In addition, according to the Labor Contract Law of the People's Republic of China, the employer shall participate in work-related injury insurance in accordance with the law, and if the employee suffers a work-related injury, the employer shall be responsible for paying the work-related injury medical expenses and work-related injury allowance, which is also one of the important evidence to confirm the employment relationship.
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This is the criterion for determining work-related injuries, and the prerequisite for determining work-related injuries is that there is an employment relationship with the employer. (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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 17 of the 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 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 immediate family members 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 labor and social security administrative department of the co-ordinating area where the employer is located.
Article 18 of the Regulations on Work-related Injury Insurance shall submit the following materials to apply for work-related injury identification: (1) the application form for work-related injury identification; 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 Wangnabi occupational disease diagnosis and appraisal certificate).
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It's the same, it's okay to have a medical record. If it constitutes a disability, you can also apply for a disability appraisal, and only the disability level will be assessed, and the standard of compensation will be higher.
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You can go to the medical department of the hospital to make a copy, and then stamp the hospital's stamp. I really don't want to find your attending physician at the time, just ask him to make up for it.
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Go to the hospital to find the attending doctor and ask for a supplement; If you already have one, take your ID card to the hospital and get it.
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You have to go to the hospital to complete the information, otherwise it will be difficult.
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Twenty years ago, the medical record was fake, how to do the work-related injury identification.
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Summary. Dear, I am glad to answer for you: work-related accidents are civil disputes, and in line with the basic principle of who asserts and who bears evidence, so the Labor Bureau does not assume the responsibility of investigating and collecting evidence. If you need compensation, you must have a work-related injury certificate.
If there is a witness testimony in the work-related injury application, but the witness does not go to the work-related injury section to make a record, is the labor bureau obliged to go to the witness's house to investigate? Or something else.
Dear, I'm glad to answer for you: If a work-related accident is a civil dispute, it is rotten, in line with the basic principle of guessing who advocates and who adduces evidence, so the Labor Bureau does not assume the responsibility of investigating and collecting evidence. If you need compensation, you must have a work-related injury certificate.
Social Insurance Law and Regulations on Work-related Injury Insurance: "The legal basis for work-related injury claims is the Social Insurance Law and the Regulations on Work-related Injury Insurance. If the work-related injury is determined to be a work-related injury, the employee shall enjoy the work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. If the employer to which the employee works fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the work-related injury insurance benefits.
If the employer does not pay, it shall be paid in advance from the work-related injury insurance**, and then the employer shall repay it. ”
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