Does the work related injury certificate issued by the safety supervision unit have legal effect?

The work-related injury certificate issued by the safety supervision unit has a certain legal effect, and its effect is used to prove the process and place of the accident. However, it is not a work-related injury determination, and the specific work-related injury determination is made by the labor and social security department.

The Regulations on Work-related Injury Insurance stipulate that if an employee is injured in an accident, the employer shall submit an application for work-related injury recognition to the labor and social security department within 30 days from the date of the accident.

If the employer does not submit an application for recognition of work-related injury, the injured employee, his or her immediate family members, or the trade union organization may directly apply to the labor and social security department where the employer is located for recognition of work-related injury within one year from the date of occurrence of the accident injury.

The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for work-related injury recognition (collected by the local labor department);

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate (including copies of outpatient medical records, emergency medical records, and inpatient medical records);

Within 60 days from the date of receipt of the application for work-related injury determination, the labor and social security department shall issue a "Work-related Injury Determination" and notify the unit, the employee or his or her relatives. Employees can apply for work-related injury disability appraisal and enjoy work-related injury benefits with the "Work-related Injury Certificate".

The situation you mentioned is that the company's hardware facilities for safety production do not meet the regulations of the safety supervision department, there are potential safety hazards, resulting in major safety accidents, and the injured employees can report to the safety supervision department, in addition to the company's serious punishment, may compensate an additional part of the money to the injured employees.

Legal analysis: As long as there is a work-related accident on the construction site, it must be proved that there is an employment relationship with the employer. Otherwise, the employer will not recognize the work-related injury.

If it is true that a work-related injury occurs due to work-related work, it is necessary to find witnesses to prove it, and the salary and other aspects can prove the de facto employment relationship with the employer.

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 work-related preparatory or finishing work in the workplace before or after working hours;

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) During the period when they are out for work, they are injured due to work reasons or have an accident where their whereabouts are unknown;

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. Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.

In the event of a safety production accident, it is necessary to report to the Work Safety Supervision Bureau. 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.

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 region. 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.

In accordance with the provisions of the first paragraph of this Article, the social insurance administrative department at the provincial level shall handle the matters that shall be determined by the social insurance administrative department at the level of the city divided into districts where the employer is located in accordance with the principle of territoriality. If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

Hello, a work injury is different from other personal injuries. Work-related injuries must meet the statutory conditions and be recognized as work-related injuries through legal procedures. Therefore, after a work-related injury occurs, it is very important to carry out work-related injury identification in accordance with the law.

It should be emphasized that the matters that should be determined by the regional labor and social security administrative department should be carried out by the overall regional labor and social security administrative department. According to the principle of territoriality, it shall be handled by the labor and social security administrative department of the districted city level where the employer is located. When applying for work-related injury determination, the application form for work-related injury determination, labor relationship certificate, medical diagnosis certificate or occupational disease diagnosis certificate shall be submitted.

The administrative department for labor and social security shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the applicant and the employer in writing. Hopefully, the above explanation will be helpful in your work-related injury identification question of what proof is required.

Regulations 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 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.

Regulations on Work-related Injury Insurance

Article 18. The following materials shall be submitted when applying for the determination of work-related injury minpei:

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 employer must issue a certificate for the signing of work-related injuries. If the employer fails to issue an accident report and apply for work-related injury recognition after an injury (death) accident occurs, the injured employee or his relatives may apply to the labor and social security bureau of the place where the local insurance or the business license of the enterprise is registered may apply. Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury determination:

Application Form for Recognition of Work-related Injuries (1); 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 He Yu's written notice, the social insurance administrative department shall accept it.