How the work related injury system is regulated 20

1. Apply for work-related injury determination.

Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) 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;

Article 17 Where 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 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.

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.

2 Treatment after disability.

Article 29 of the Regulations on Work-related Injury Insurance Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Article 31 Where an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months.

After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Article 32 Where an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of daily care, the living care expenses shall be paid monthly from the work-related injury insurance**.

The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively the average monthly salary of employees in the overall planning area in the previous year or 30.

Even if you have not recovered, you can do a work-related injury assessment, and then you will be required to enjoy treatment according to the level of work-related injury.

The compensation provisions for work-related injuries are as follows:

1. Medical expenses. The medical expenses that meet the requirements of the work-related injury insurance diagnosis and treatment project catalog, the work-related injury insurance drug catalog, and the work-related injury insurance hospitalization service standards shall be settled according to the facts with the bills and paid by the work-related injury insurance**;

2. One-time disability subsidy. It shall be paid by work-related injury insurance**, and if the employer fails to pay work-related injury insurance for the employee, this compensation shall be paid by the employer;

3. One-time employment subsidy. When the employment relationship is terminated, the employer shall pay a one-time disability employment subsidy (the specific standard shall be stipulated by the people of the province, the autonomous limb management district and the municipality directly under the Central Government);

4. Assistive device fee. The expenses incurred in the installation of prostheses, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices shall be paid by the work-related injury insurance** due to the need for rent in daily life or employment, and confirmed by the Labor Ability Appraisal Committee;

5. Food subsidy. During the hospitalization, the work-related injury insurance** will give the hospitalization food subsidy, and the cost standard shall be stipulated by the people of the overall planning**;

6. Transportation expenses. The medical institution issues a diagnosis certificate, and the handling agency agrees, and the transportation, food and lodging expenses incurred for medical treatment outside the co-ordination area shall be paid by the work-related injury insurance, and the cost standard shall be stipulated by the people of the co-ordination area.

Legal basisArticle 19 of the Regulations on Work-related Injury Insurance.

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. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases. The social insurance administrative department will no longer conduct investigation and verification of those who have obtained a certificate of diagnosis of an occupational disease or an appraisal of an occupational disease in accordance with the law.

If the employee or his close relatives believe that it is 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.

Legal Analysis: If an employee has any of the following circumstances, it shall be recognized as a work-related injury:

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 occupational diseases;

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

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

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

Legal basis: 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). Zen cover.

The application form for determination of work-related injury shall include 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.

Work-related injuries shall be handled in accordance with the relevant provisions of the Regulations on Work-related Injury Insurance. The law 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 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 accident injury or the date of diagnosis or appraisal of the occupational disease.

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 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 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.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

The latest regulations on accidental work-related injuries are formulated to ensure that employees who suffer from accidents due to work delays, or who suffer from occupational diseases, can receive medical treatment and financial compensation. Work-related injury insurance** is composed of work-related injury insurance premiums paid by the employer, interest on work-related injury insurance** and other amounts included in work-related injury insurance** in accordance with laws and regulations. Enterprises should pay work-related injury insurance premiums for their employees on time and in accordance with regulations, and employees themselves do not need to pay work-related injury insurance premiums.

Legal basisArticle 1 of the Regulations on Work-related Injury Insurance is formulated in order to ensure that employees who are injured in accidents or suffer from occupational diseases due to their work receive medical treatment and economic compensation, promote work-related injury prevention and occupational protection, and disperse the work-related injury risk of employers.

Article 7 Work-related injury insurance** shall be composed of work-related injury insurance premiums paid by the employer, interest on work-related injury insurance** and other funds included in work-related injury insurance** in accordance with law.

Article 10 An employer shall pay work-related injury insurance premiums on time. Individual employees do not pay work-related injury insurance premiums.

The amount of work-related injury insurance premiums paid by an employer is the product of the total wages of its employees multiplied by the employer's contribution rate.

For industries that are difficult to pay work-related injury insurance premiums according to the total salary, the specific way of paying work-related injury insurance premiums shall be prescribed by the social insurance administrative department.

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.

If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit for sending a tomb, the injured employee, his close relatives or trade union organization may directly apply for recognition of work-related injury within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

Legal basis] Article 14 of the Regulations on Work-related Injury Insurance, if an employee has any of the following circumstances, it shall be recognized as a work-related injury:

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 preparatory or finishing work related to the work of the Sparrow 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 occupational diseases;

During the period when he was out for work, he was injured due to work reasons or his whereabouts were unknown in an accident;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

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

Legal analysis: The new provisions on work-related injuries in 2022 mainly adjust the funeral allowance, dependent relatives pension and one-time work-related death allowance when an employee dies on the job. The regulations on work-related injury insurance stipulate that if an employee meets the requirements of work-related injury insurance for work-related death, his close relatives may receive funeral subsidies, death subsidies, pensions, etc. from work-related injury insurance** in accordance with the regulations, of which the standard for the payment of one-time death subsidies is 20 times the per capita disposable income of urban residents in the previous year.

According to Article 4 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance, the following four circumstances may be recognized as work-related injuries:

1) The employer or the social insurance administrative department has no evidence to prove that the injury was caused by non-work reasons; Brother Empty Block.

2) Employees are harmed by participating in activities organized by the employer or assigned by the employer to participate in activities organized by other units;

3) During working hours, an employee is injured as a result of traveling between multiple workplaces related to his or her job duties in a reasonable area;

4) Other injuries related to the performance of work duties, during working hours and within a reasonable area.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

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;