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1. According to the Ministry of Health of the People's Republic of China Order No. 24 "Administrative Methods for the Diagnosis and Appraisal of Occupational Diseases" (effective as of May 1, 2002):
Article 10 A worker may choose an occupational disease diagnosis institution in the place where the employer is located or in his place of residence for diagnosis. For the purposes of these Measures, the term "place of residence" refers to the worker's habitual residence.
Article 11 When applying for diagnosis of occupational diseases, the following shall be provided:
1) Professional history and past history;
2) A copy of the occupational health monitoring file;
3) The results of occupational health examinations;
4) Detection and evaluation data of occupational disease hazard factors in the workplace over the years;
5) Other necessary materials required by the diagnostic institution. Employers and relevant institutions shall truthfully provide necessary materials in accordance with the requirements of the diagnostic institutions.
Article 25 When applying for the diagnosis and appraisal of occupational diseases, the parties shall provide the following materials:
1) Application for diagnosis and appraisal of occupational diseases;
2) Certificate of diagnosis of occupational disease;
3) the materials provided for in Article 11 of these Measures;
4) Other relevant materials.
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Occupational diseases refer to diseases caused by exposure to dust, radioactive substances and other toxic and harmful factors in the occupational activities of workers of enterprises, public institutions and individual economic organizations. It consists of ten categories, which are:
1 Pneumoconiosis. There are silicosis, coal workers' pneumoconiosis, etc.
2 Occupational radiation sickness. There are external radiation acute radiation sickness, subacute radiation sickness, chronic radiation sickness, internal radiation sickness, etc.
3 Occupational poisoning. There are lead and its compounds poisoning, mercury and its compounds poisoning, etc.
4. Physical factors, occupational diseases. There are heat stroke, decompression sickness, etc.
5. Occupational diseases caused by biological factors. There are anthrax, forest encephalitis, etc.
6. Occupational diseases. There are contact dermatitis, photosensitive dermatitis, etc.
7 Occupational eye diseases. There are chemical eye burns, electro-optic ophthalmia, etc.
8 Occupational ear, nose and throat diseases. There is noise deafness, chromium rhinosis.
9 Occupational tumors. There are lung cancer and mesothelial cancer caused by asbestos, and bladder cancer caused by benzidine.
10 Other occupational diseases. There are occupational asthma, metal smoke fever, etc.
The diagnosis of occupational diseases shall be undertaken by medical and health institutions approved by the people's health administrative departments at or above the provincial level.
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According to Article 19 of the Administrative Measures for the Diagnosis and Appraisal of Occupational Diseases (Decree No. 91 of the Ministry of Health), a worker can choose an occupational disease diagnosis institution at the place where the employer is located, the place where he or she is registered or the place where he or she habitually resides for the diagnosis of occupational diseases.
Article 36 Where a party has any objection to the conclusion of the diagnosis of an occupational disease made by an occupational disease diagnosis institution, he or she may, within 30 days from the date of receipt of the occupational disease diagnosis certificate, apply to the health administrative department of the city divided into districts where the occupational disease diagnosis institution is located for evaluation.
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It can only be determined by applying to an occupational disease appraisal agency for appraisal.
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Legal Analysis:1The parties submit an application for appraisal and submit an Application for Occupational Disease Appraisal
2.After receiving the Application for Occupational Disease Appraisal, the appraisal office shall issue the Notice of Submission of Occupational Disease Appraisal Materials
3.Within 10 working years, the parties shall truthfully submit the materials or written statements required for the identification of occupational diseases.
4.Negotiate and appraise the payment of fees.
5.Those who meet the acceptance conditions will be congratulated on the "Notice of Acceptance of Occupational Disease Appraisal".
6.Appraisal experts will be selected to hold appraisal meetings.
7.Issuance of "Occupational Disease Diagnosis and Appraisal".
8.The parties receive the "Occupational Disease Diagnosis and Appraisal".
Legal basis: Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases Article 44 A worker may make a diagnosis of occupational disease at a medical and health institution that is responsible for the diagnosis of occupational diseases in accordance with the law at the place where the employer is located, the place where he or she is registered or the place where he habitually resides.
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Summary. Dear, I'm glad to answer for you:1
The party submits an application for appraisal and submits the Application for Occupational Disease Appraisal2After receiving the "Application for Occupational Disease Appraisal", the appraisal office shall issue the "Notice of Submission of Occupational Disease Appraisal Materials"3Within 10 working days, the parties shall truthfully submit the materials or written statements required for the identification of occupational diseases4
Negotiate the appraisal and payment matters5Those who meet the acceptance conditions will be issued with the "Notice of Acceptance of Occupational Disease Appraisal" 6Appraisal experts will be selected to hold an appraisal meeting 7
Issued the "Occupational Disease Diagnosis and Appraisal" 8The parties receive the "Occupational Disease Diagnosis and Appraisal".
Dear, I'm glad to answer for you:1The party submits an application for appraisal and submits the "Application for Appraisal of Occupational Diseases and Occupational Diseases" 2
After receiving the "Application for Occupational Disease Appraisal", the appraisal office shall issue the "Notice of Submission of Occupational Disease Appraisal Materials"3Within 10 working days, the parties shall truthfully submit the materials or written statements required for the identification of occupational combustion and occupational diseases4Negotiate the appraisal and payment matters5
Those who meet the acceptance conditions will be issued with the "Notice of Acceptance of Occupational Disease Appraisal" 6Appraisal experts will be selected to hold an appraisal meeting 7Issued the "Occupational Disease Diagnosis and Appraisal" 8
The person who is registered as a comic person receives the "Occupational Disease Diagnosis and Appraisal".
The Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases Article 44 A worker may diagnose an occupational disease at a medical and health institution where the employer's file is located, the place where he or she is registered or where he habitually resides.
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Summary. Hello, according to your description, workers can choose the occupational disease diagnosis institution where the employer is located, the place where the employee is registered or the place where he habitually resides for occupational disease diagnosis. If the party concerned has any objection to the conclusion of the occupational disease diagnosis made by the occupational disease diagnosis institution, he or she shall apply to the local health administrative department at the district level where the occupational disease diagnosis institution is located within 30 days from the date of receipt of the occupational disease diagnosis certificate.
Hello, according to your description, the occupational disease appraisal worker can choose the location of the employer, the place of his household registration or the place of habitual residence to diagnose the occupational disease. If the party concerned has any objection to the conclusion of the occupational disease diagnosis made by the occupational disease diagnosis institution, he or she shall apply to the local health administrative department at the district level where the occupational disease diagnosis institution is located within 30 days from the date of receipt of the occupational disease diagnosis certificate.
Hello, to apply for occupational disease appraisal, you need to provide the following information to the appraisal office: (1) Application for occupational disease appraisal; (2) Occupational Disease Diagnosis Certificate: The Occupational Disease Diagnosis and Appraisal Committee of the city divided into districts is responsible for the first appraisal of the diagnosis dispute of occupational disease. If the parties are not satisfied with the conclusion of the appraisal of occupational diseases at the districted city level, they may, within 15 days from the date of receipt of the appraisal letter, apply to the provincial health administrative department where the original appraisal chain dismantling organization is located for re-appraisal.
The appraisal of occupational diseases implements a two-level appraisal system, and the conclusion of the provincial occupational disease appraisal is the final appraisal. Repentance.
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Occupational diseases refer to diseases caused by exposure to dust, radioactive substances and other toxic and harmful substances in the occupational activities of workers of enterprises, public institutions, individual economic organizations and other employers. The laws of various countries have provisions on the prevention of occupational diseases, and generally speaking, only diseases that meet the requirements of the law can be called occupational diseases. According to the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases, the procedures for the identification of occupational diseases are as follows:
The applicant party shall submit an application for appraisal to the ** Ministry of Health Administration where the diagnosis is located The materials to be provided for the appraisal application include: the appraisal application, the medical record of occupational disease diagnosis, the diagnosis certificate, and other materials required by the appraisal committee After receiving the appraisal application of the party, the examination and appraisal office shall review the information related to the appraisal provided by the party to see whether the relevant materials are complete and valid The office for the diagnosis and appraisal of occupational diseases shall complete the review of the materials within 10 days from the date of receipt of the application materials, and issue a notice of acceptance to those with complete materials; If the materials are incomplete, notify the parties to supplement them When necessary, a third party shall conduct a physical examination of the patient or extract relevant on-site evidence The parties shall cooperate with the organization of experts participating in the diagnosis and appraisal of occupational diseases under the auspices of the occupational disease diagnosis and appraisal office, and the party applying for the appraisal shall be determined by random selection from the expert pool under the auspices of the occupational disease diagnosis and appraisal office, and the parties may also entrust the occupational disease diagnosis and appraisal office to select experts to form an occupational disease appraisal committee. The appraisal committee shall make an appraisal conclusion through review of the appraisal materials and comprehensive analysis When the appraisal opinions are inconsistent, it shall be noted The content of the appraisal document shall include: the occupational contact history of the person being evaluated; general information such as workplace monitoring data and relevant inspection data; The main disputes between the parties over the diagnosis of occupational diseases, as well as the appraisal conclusion and appraisal time, must be jointly signed by all members participating in the appraisal and stamped with the official seal of the appraisal committee.
The Occupational Disease Diagnosis and Appraisal Committee organized by the health administrative department of the city divided into districts shall be responsible for the first appraisal of occupational disease diagnosis disputes. If the party concerned is dissatisfied with the appraisal conclusion of the city-level occupational disease diagnosis and appraisal committee divided into districts, he or she may apply to the provincial-level health administrative department for re-appraisal at the location of the original appraisal institution within 15 days from the date of receipt of the occupational disease diagnosis and appraisal certificate. Precautions: The appraisal of the Provincial Occupational Disease Diagnosis and Appraisal Committee is the final appraisal.
Go to a hospital approved by the Health Bureau with occupational disease identification and medical qualifications, and go to the occupational disease department for a professional examination.
It is stipulated that patients with occupational diseases shall enjoy work-related injury insurance benefits or occupational disease benefits in accordance with the relevant provisions of the state during the rest period and when it is determined that they are disabled or invalid and die. The Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases stipulates that the diagnosis of occupational diseases shall be undertaken by medical and health institutions approved by the provincial health administrative departments. >>>More
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Compensation standards for occupational diseases:
Medical expenses: The expenses required for diagnosis and treatment due to occupational diseases shall be paid by the work-related injury insurance** in accordance with the prescribed standards; >>>More
Legal analysis: The diagnostic standards for occupational diseases and the methods for the diagnosis and appraisal of occupational diseases shall be formulated by the health administrative department. >>>More