Is it okay to have an occupational disease assessment after a few years of resignation?

It is possible to apply for an occupational disease examination. According to the Occupational Disease Law, occupational diseases are before, during, and after the job, and if you are engaged in toxic and harmful work, the unit is obliged to do an occupational disease examination when you leave the post.

The law has special provisions for employees engaged in toxic and harmful work when terminating labor contracts. Labor Contract Law

Article 42 stipulates that an employer shall not terminate the employment contract of a worker who is engaged in work that is exposed to occupational disease hazards without undergoing a pre-departure occupational health examination, or if a patient suspected of having an occupational disease is under diagnosis or medical observation.

Article 36 of China's Law on the Prevention and Treatment of Occupational Diseases stipulates that workers have the right to health protection to obtain occupational health examinations, occupational disease diagnosis and treatment, and occupational disease prevention and control services. Article 32 provides:

Employees who have not undergone a pre-departure occupational health examination shall not be dissolved or terminated from the labor contract concluded with them.

In addition to the invalidity of the labor relationship, the employer is required to conduct a health examination of the parties; Second, if the condition is urgent, the person concerned can go directly to a qualified medical unit to check his body. According to Articles 40 and 49 of the Law on the Prevention and Treatment of Occupational Diseases, workers may.

Occupational disease diagnosis shall be carried out in a medical and health institution that undertakes the diagnosis of occupational diseases in accordance with the law in the place where the employer is located or in the place of residence.

The expenses incurred by the suspected occupational disease patient during the period of diagnosis and medical observation shall be borne by the employer. If, upon examination, it is indeed an occupational disease that occurred when the person concerned was engaged in his or her original job, then all the consequences should be borne by the original unit.

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Legal analysis: Within 30 days from the date of diagnosis and appraisal of an occupational disease, the employer shall apply to the Human Resources and Social Security Bureau for recognition of work-related injury. If the employer fails to apply, the injured employee shall apply for a cavity model within one year from the date of diagnosis and appraisal of the occupational disease.

Legal basis: "Regulations of the People's Republic of China 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 submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the injury or the date of diagnosis or appraisal of the occupational disease. 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.

According to the regulations and procedures of the relevant laws of the country, occupational diseases can apply for work-related injury identification. If it is recognized as a work-related injury, the relevant insurance company shall pay the following expenses in a lump sum according to the project and standard: (1) The actual medical expenses for rescuing ** work-related injury (in line with the provisions of the national and municipal basic medical insurance).

2) Disability allowance, disability allowance, living care expenses, work-related injury ** medical expenses and other expenses. (3) Assistive device items and fees. (If it is confirmed by the labor ability appraisal agency, meets the conditions for the allocation of assistive devices, and really needs to be configured, it shall be in accordance with the standards stipulated in the "Implementation Measures" and the "Notice").

Article 38 of the Social Insurance Law of the People's Republic of China 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) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (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 subsidy and a monthly disability allowance for disabled employees 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 case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.