If a worker is injured while working in the unit due to work-related reasons, it is a work-related injury, and after the work-related injury occurs, the work-related injury shall be determined in a timely manner so that he can enjoy the work-related injury insurance benefits as soon as possible.
So, how to apply for a work-related injury recognition after a work-related injury?Let's take a look.
Section1. Determination of work-related injuriesSpecificApplication Process
1. Submit an application for work-related injury recognition.
1) The unit submits an application:
After an employee is injured at work, the employer shall, within 30 days from the date of occurrence of the work-related 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.
2) Employees or their close relatives or labor unions apply:
If the employer fails to submit an application for recognition of work-related injury within 30 days, the injured employee or his/her close relatives or the labor union may apply for recognition of work-related injury within one year from the date of occurrence of the work-related injury or the date of diagnosis or appraisal of the occupational disease.
2. The social security department reviews the application materials.
After receiving the application for work-related injury determination, the social security department shall make a decision to accept or not accept the application within 15 days if the materials are completeIf the materials are incomplete, the social security department shall inform the applicant in writing of all the materials that need to be supplemented and corrected, and shall make a decision on acceptance or non-acceptance within 15 days after receiving all the supplementary materials. For acceptance, the social security department shall issue a "Decision on the Acceptance of the Application for Work-related Injury Determination";If it is not accepted, a "Decision on the Inadmissibility of the Application for Work-related Injury Determination" shall be issued.
3. The social security department shall investigate the specific work-related injuries.
After the social security department accepts the application for recognition of work-related injury, it may investigate and verify the work-related injury or occupational disease according to the needs of the review. If the employee or his close relatives believe that it is a work-related injury, but the employer does not believe that it is a work-related injury, the employer shall bear the burden of proof.
4. The social security department makes a determination of whether it constitutes a work-related injury.
Within 60 days from the date of acceptance of the application for work-related injury determination, the social security department shall, based on the results of the work-related injury investigation, make a work-related injury determination decision and issue a "Decision on Recognition of Work-related Injury" or "Decision on Non-recognition of Work-related Injury".
5. The social security department shall deliver the "Decision on Recognition of Work-related Injury" or "Decision on Non-recognition of Work-related Injury".
Within 20 days from the date of making the work-related injury determination decision, the social security department shall send the "Decision on Determination of Work-related Injury" or "Decision on Non-recognition of Work-related Injury" to the injured employee (or his close relatives) and the unit, and send a copy to the social security agency.
6. Administrative reconsideration or administrative litigation.
If the applicant is dissatisfied with the decision of the social security department not to accept the application or the decision on the determination of work-related injury, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
SecondDetermination of work-related injuriesWhat materials do I need to prepare?
According to Article 18 of the Regulations on Work-related Injury Insurance, the following materials need to be submitted to apply for work-related injury determination:
1. Application form for work-related injury identification. 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.
2. Proof of the existence of labor relationship (including de facto labor relationship) with the employer.
3. Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
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.
Third,The department that accepts the determination of work-related injury
After an employee suffers a work-related injury, he or she can report the work-related injury determination to the Work-related Injury Section of the local Human Resources and Social Security Bureau. Apply to the Labor Ability Appraisal Committee for labor ability appraisal. Declare to the social security center to enjoy work-related injury benefits. The names of specific departments and departments may vary from place to place, and you can call the local 12333 labor and social security *** for consultation.
Fourth, precautions
1. When applying for work-related injury determination, the worker shall truthfully provide relevant evidence and materials, and shall not falsify, tamper with or conceal the truth. Otherwise, the social insurance administrative department has the right to impose penalties on the employer in accordance with the law.
2. The employer shall promptly report the application for work-related injury determination to the social insurance administrative department, and shall not refuse or delay the declaration for any reason. Otherwise, the worker may file a complaint with the labor inspection department or initiate labor arbitration.
3. If the worker or his close relatives or trade union organizations are not satisfied with the conclusion of the employer's declaration, they may file an administrative reconsideration with the local people or file an administrative lawsuit with the people's court within the statutory time.
In short, applying for a work-related injury determination needs to be operated in accordance with the prescribed procedures and precautions to ensure that the application process is legal, fair and efficient. At the same time, the employer should also actively cooperate with the work of the work-related injury determination department and provide necessary materials and information to ensure the smooth progress of the work-related injury determination.
For more specific practical issues of work-related injuries, please pay attention to Baijiahao's "Law Eye Tongshi", and refer to the columns "Chapter 28 Legal Risk Prevention of Work-related Injuries - Part I" and "Chapter 29 Legal Risk Prevention of Work-related Injuries - Part I".
How to apply for recognition of work-related injury