In the event of a work related injury, the employee himself or herself determines whether the result

In the end, the cost is paid by the unit.

It's better to go on your own. The economic aspect is borne by the unit, and the effect of going by yourself is definitely different from that of your company. If you go to court, it's the same, you lose and get the prosecution fee.

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 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 labor and social security 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 labor and social security 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 coordinating area where the employer is located.

In accordance with the second paragraph of Article 19 of the Regulations on Work-related Injury Insurance, if the employee or his or her immediate family members consider it to be a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.

If the employer denies the work-related injury, the labor and social security administrative department shall no longer impose the burden of proof on the employee, and the employer shall provide evidence to prove that the injured person was injured due to other reasons or that there is no risk of injury caused by the work, and if the evidence cannot be presented, the work-related injury shall be determined.

While emphasizing the employer's burden of proof, it should also be noted that the employee does not bear any burden of proof, and should provide basic evidence such as the existence of an employment relationship with the employer and the fact of an accident, because these evidence are the prerequisites for the determination of work-related injuries, and the employee should bear the burden of proof for the existence of an employment relationship and the facts.

There is no cost, go on your own as soon as possible and prepare the necessary evidence.

Legal Analysis: Related to the Company. Before the work-related injury is determined, the employer cannot take the initiative to terminate the labor relationship. If the employer voluntarily terminates the labor contract, it can protect its legitimate rights and interests through arbitration or litigation.

Legal basis: Social Insurance Law of the People's Republic of China

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work, and the work-related injury is recognized, he or she shall enjoy 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. The identification of injuries and labor ability shall be simple and convenient.

Article 37: Where an employee is at work due to any of the following circumstances, it is not to be found to be a work-related injury: (1) Intentional crime; (2) Drunkenness or drug abuse; (3) Self-harm or suicide; (4) Other circumstances provided for by laws and administrative regulations.

Legal analysis: The employer shall determine the work-related injury within one month after the occurrence of the accident, and in order to prevent the rights and interests of the employee from being damaged, the law stipulates that the injured employee, his or her immediate family members, and the labor union may apply for a work-related injury recognition within one year of the occurrence of the work-related injury.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 If an employee has any of the following circumstances, Wang Tsai shall be deemed to have suffered a work-related injury:

1) Injured in an accident due to work-related reasons in the leakage room or in the workplace during work;

2) Engaging in work-related preparatory or finishing work in the workplace before or after working hours and being injured by an accident;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Being injured in a motor vehicle accident while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

An employee's work-related injury shall be determined by the social security administrative department or the labor and social security administrative department in accordance with the law, and if the employee meets the requirements of work-related injuries during working hours and in the workplace, or if the employer suffers from an occupational disease, etc., it can be recognized as a work-related injury.

Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances: (1) Being injured in an accident due to work-related reasons during working hours and in the workplace; (2) Injured in an accident while returning to the workplace before or after working hours, engaging in work-related preparatory or finishing work; (3) During working hours and in the workplace, being injured by violence or other accidents due to the performance of work duties; 4) Suffering from occupational diseases; 5) Injured or unaccounted for in an accident while away for work; (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.

The process of helping employees identify work-related injuries: sending the injured employees to Xiaoda medical institutions**; Apply within 30 days from the date of the accident injury or the date of diagnosis or appraisal of an occupational disease; Submit the application form for work-related injury determination and other materials; The social insurance administrative department decides whether to accept the application; Investigate and verify the accident injury according to the audit needs; A decision on the determination of work-related injury shall be made within 60 days from the date of acceptance of the application for determination of work-related injury.

1. How does the work-related injury identification process of the Labor Bureau work?

Work-related injury identification process: 1. The employer where the employee belongs shall, within 30 days from the date of the accident or the date of diagnosis or appraisal of the occupational disease, submit an application for work-related injury recognition to the labor and social security administrative department of the coordinating region. 2. After receiving the applicant's application for work-related injury determination, the administrative department of labor and social security shall review it in a timely manner, and if the materials provided by the applicant are incomplete, the administrative department of labor and social security shall inform the applicant in writing of all the materials that need to be supplemented and corrected on the spot or within 5 working days.

3. After accepting the application for recognition of work-related injury, the administrative department of labor and social security may appoint two or more staff members to investigate and verify the accident injury as needed. The labor and social security administrative departments shall no longer conduct investigation and verification of those who have obtained occupational disease diagnosis certificates or occupational disease diagnosis and appraisal certificates in accordance with the law. 4. After accepting the application for work-related injury determination, the labor and social security administrative department shall make a work-related injury determination decision within 60 days from the date of acceptance, and notify the employing unit, employees or their immediate family members in writing within 10 working days from the date of making the work-related injury determination decision, and send a copy to the handling agency.

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 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 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, his close relatives, or the 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.

If the employer participates in work-related injury insurance, it shall apply to the human resources and social security bureau of the place where it participates; If they are not insured, they shall apply to the Human Resources and Social Security Bureau of the place where the work-related accident occurred. After an employee is injured in an accident or suffers from an occupational disease, he or she shall be identified for work-related injury and work ability appraisal in the place of insurance, and shall enjoy work-related injury insurance benefits in accordance with the provisions of the place of insurance; Employees who have not participated in work-related injury insurance shall be identified for work-related injuries and assessed their working ability at the place of production and operation, and the employer shall pay work-related injury insurance benefits in accordance with the provisions of the place of production and business operation.

Units and individuals applying for work-related injury recognition must provide:

1. Application form for work-related injury identification;

2. A copy of the ID card of the injured employee;

3. A copy of the labor contract or other valid proof of the establishment of labor relations;

4. Post-injury diagnosis certificate or occupational shed disease diagnosis certificate (or occupational disease diagnosis and appraisal) issued by a medical institution and a copy of the initial medical record.

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.

1. What work should be done by the work-related injury identification department in the identification?

In the determination of work-related injuries, the staff of the social insurance department may conduct the following investigation and verification work:

1. According to the needs of the work, enter the relevant units and the scene of the accident;

2. Check the information related to the determination of work-related injuries in accordance with the law, inquire about relevant personnel and make investigation records;

3. Record, audio and video recording, and reproduction of materials related to the determination of work-related injuries. The collection of evidence for investigation and verification work shall be carried out with reference to the relevant regulations on the collection of evidence in administrative litigation.

When the staff of the social insurance administrative department conducts an investigation and verification, the relevant units and individuals shall provide assistance. Employers, trade union organizations, medical establishments, and relevant departments shall be responsible for arranging for relevant personnel to cooperate with the work, and provide information and supporting materials based on the facts.

When determining work-related injuries, the social insurance administrative department shall no longer investigate and verify the occupational disease diagnosis certificate or occupational disease diagnosis and appraisal certificate provided by the applicant that complies with the relevant provisions of the state. Where the certificate of diagnosis of occupational disease or the certificate of diagnosis and appraisal of occupational disease does not meet the requirements and format prescribed by the state, the administrative department for social insurance may request the department that issued the evidence to provide it again.