The whole process of work related injury identification and the process of work related injury ident

Application materials to be provided:

A copy of the employer's business license;

A copy of the applicant's ID card;

A copy of the labor contract or proof of the existence of an employment relationship with the employer;

A certificate of post-injury diagnosis or a certificate of diagnosis of an occupational disease issued by a medical institution.

In the following cases, corresponding materials must also be provided:

Where they are violently harmed as a result of performing their work duties, submit a judgment or other valid proof from the public security organ or people's court;

If the first accident caused by a motor vehicle accident is determined as a work-related injury, the accident identification certificate or other valid certificates from the public security traffic management department shall be submitted;

If the person is injured due to work-related reasons while away from work, he or she shall submit a certificate from the public security organ or other proof;

During working hours and at work, if you die of sudden illness or die within 48 hours after rescue fails, submit a rescue and death certificate from a medical institution;

Where harm is suffered in activities to preserve national interests or the public interest, such as emergency rescue and disaster relief, valid proof shall be submitted in accordance with laws and regulations;

If the former soldier is disabled due to war or duty-related injuries, the disability certificate and the diagnosis certificate of the old injury** from the medical institution shall be submitted;

Other materials deemed necessary by the labor and social security administrative department.

The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days of accepting the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination.

The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

Regulations on Work-related Injury Insurance.

Chapters III, IV, and V.

1. The employer submits an application for work-related injury recognition to the social insurance administrative department of the coordinating region;

2. Submit relevant materials;

3. The social insurance administrative department shall investigate and verify the accident injury;

4. Make a decision on the determination of work-related injury and notify the employee or his close relatives and the unit to which the employee applies for work-related injury determination in writing.

Legal basis: 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 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.

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 area where the employer is located.

In accordance with the provisions of the first paragraph of this Article, the provincial-level social insurance administrative department shall carry out the determination of work-related injuries, and in accordance with the principle of territoriality, the social insurance administrative department of the districted city level where the employer is located shall handle it.

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.

1. What is the time limit within which the application needs to be filed?

1) The time limit for the application of the employer. The unit shall submit an application for recognition of work-related injury to the administrative department of the social insurance bank 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.

2) Time limit for the application of the employee. If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit, the injured employee, his close relatives or trade union organization shall be injured within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

2. What materials need to be submitted.

According to the Measures for the Determination of Work-related Injuries, the application form for determination of work-related injuries shall be filled in and the following materials shall be submitted: (1) a copy of the text of the labor or employment contract or other supporting materials for the existence of labor relations (including de facto labor relations) and personnel relations with the employer; (2) Post-injury diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate) issued by a medical institution.

3. How long does it take for the social security department to accept it?

The materials submitted by the applicant shall be reviewed within 15 days, and a decision shall be made to accept or not accept the materials if the materials are complete.

4. How long does it take to make a determination of work-related injury.

The social insurance administrative department shall, within 60 days from the date of accepting the application for recognition of work-related injury, make a decision on the determination of work-related injury, and issue a Decision on Determination of Work-related Injury or a Decision on Non-recognition of Work-related Injury. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting the application for work-related injury determination where the facts are clear and the rights and obligations are clear.

5. The premise of the determination of work-related injury does not have to be an employment relationship?

When there is illegal subcontracting or subcontracting, the employer's liability for work-related injury insurance is not premised on the existence of an employment relationship.

6. What should I do if I am not satisfied with the conclusion of the determination of work-related injury?

An application for administrative reconsideration or an administrative lawsuit may be filed in accordance with law.

7. What is the calculation standard for work-related injury benefits? It is divided into the following:

1) One-time disability allowance for grades 1-10.

2) Disability allowance for grades 1-6 (on a monthly basis).

3) Level 5-10 one-time medical subsidy for spring injury and disability employment subsidy.

4) Wages during the period of suspension of work.

5) Leave of absence pay period care.

6) Nursing expenses after disability assessment.

7) Hospitalization meal subsidy, transportation expenses, accommodation expenses.

8) Medical expenses.

9) Work-related injury ** pay.

10) Assistive device fee.

11) Work-related injury treatment.

12) Work-related death treatment standards.

If an employee is injured in an accident and the employer submits an application for recognition of work-related injury, and the employee's unit does not raise the hail, the injured employee or his close relatives or trade union organizations may directly submit an application for recognition of work-related injury; The provincial-level social source insurance administrative department shall review the materials submitted by the employees and make a determination.

1. If an employee has any of the following circumstances, it shall be determined that it is a loose rock injury from the source of work:

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) 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.

2. Procedures for handling work-related injury compensation.

1.Determination of employment relations;

2.Application for recognition of work-related injury;

3.Appraisal of the working capacity of the parties;

4.Labor arbitration can be applied;

5.Finally, apply for enforcement.

3. What materials need to be brought to the application for work-related injury appraisal.

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 appraisal certificate.

Legal basis

Regulations on Work-related Injury Insurance.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Procedures for work-related injury identification: apply to the labor administrative department for work-related injury recognition and submit materials, including the application form for work-related injury identification, labor relationship certificate, and diagnosis certificate; After receiving the application, the labor administrative department shall review the materials; Based on the information submitted and the actual situation, the labor administrative department shall make a decision on whether or not to determine whether it is a work-related injury. The following materials shall be submitted to submit an application for determination of work-related injury:

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 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. (4) Instructions for filling in the application form for work-related injury determination:

1. Fill in with a pen or signature pen, and the font is neat and clear. 2. If the applicant is an employer, the official seal of the employer shall be affixed to the applicant on the first page. 3. Fill in the specific part of the injured part in the column of the injured part.

4. In the column of diagnosis and judgment time, for occupational diseases, fill in according to the time of diagnosis of occupational diseases; If you are injured or killed, fill in the information according to the time of initial consultation. 5. A brief description of the injury should indicate the time and place of the accident, the work performed at that time, the cause of the injury, and the location and extent of the injury. Patients with occupational diseases should indicate what kind of hazardous work they are engaged in in in which unit, the start and end time, and the results of the diagnosis.

6. When the applicant applies for recognition of work-related injury, he or she shall submit the resident ID card of the injured employee; A certificate of closure of the initial diagnosis certificate issued by a medical institution at the time of injury of an employee, or a certificate of diagnosis of an occupational disease (or a certificate of diagnosis and appraisal of an occupational disease) issued by a medical institution that undertakes the diagnosis of occupational diseases in accordance with the law; Proof of the existence of a labor or employment contract or other labor or personnel relationship between the employee and the employer at the time of injury or diagnosis of occupational disease.

Legal analysis: The application process for applying for work-related injury recognition is as follows: 1. The application form for work-related injury determination shall include the time, place, cause of the accident and the degree of injury of the employee; 2. Proof of the existence of labor relationship with the employer; 3. Medical diagnosis certificate or occupational disease diagnosis certificate.

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) The reputation of 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) 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.