The determination of work-related injuries refers to the identification and assessment of work-related injuries in accordance with relevant national laws, regulations and policies, to determine whether they are within the scope of work-related injuries, and to give corresponding work-related injury insurance benefits and compensation. The determination of work-related injuries is one of the important means to protect the rights and interests of workers, and the following will elaborate on the definition, scope of application, identification procedures, and identification standards of work-related injury determination.
1. Definition of work-related injury determination.
The determination of work-related injuries refers to the identification and assessment of injuries suffered due to work-related reasons in accordance with national laws, regulations and policies, to determine whether they fall within the scope of work-related injuries, and to give corresponding work-related injury insurance benefits and compensation. The purpose of work-related injury determination is to protect the legitimate rights and interests of employees, reduce the economic burden caused by work-related injuries, and promote the harmony and stability of labor relations.
2. The scope of application of work-related injury determination.
The scope of application of work-related injury determination mainly includes the following aspects:
1.work-related accidents during working hours and in the workplace;
2.Injuries sustained by accidents in the workplace before or after working hours while engaged in work-related preparatory or finishing work;
3.accidental injuries such as violence in the performance of work duties during working hours and in the workplace;
4.suffering from occupational diseases;
5.During the period of going out for work, the whereabouts of the injury or accident due to work are unknown;
6.On the way to and from work, being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he is not primarily responsible;
7.Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
It should be noted that the determination of work-related injuries does not apply to all injuries suffered due to work-related reasons, such as injuries caused by personal reasons and injuries caused by illegal acts, which do not fall within the scope of work-related injury determination.
3. Procedures for determining work-related injuries.
The procedure for determining work-related injuries mainly includes the following steps:
1.Reporting work-related injuries: Employees should report work-related injuries to their employers in a timely manner, and the work-related injuries should be reported to the local social insurance administrative department.
2.Investigation and verification: The social insurance administrative department will organize professionals to investigate and verify the reported work-related injuries, including understanding the process of the accident, the injury situation, and the treatment situation.
3.Determination of work-related injury: Based on the results of investigation and verification, the social insurance administrative department will make a decision on whether to recognize the work-related injury and issue a decision on the determination of work-related injury.
4.Application for work-related injury insurance benefits: After the work-related injury is identified, the worker can apply to the social insurance agency for work-related injury insurance benefits, including medical expenses, disability allowance, one-time work-related injury medical subsidy, etc.
4. Standards for the identification of work-related injuries.
The criteria for the recognition of work-related injuries mainly include the following aspects:
1.Work-related injury: The work-related injury determination requires that the injury must be work-related, i.e., the injury is caused by work-related reasons during working hours and in the workplace. If the injury is not related to work, such as an injury caused by personal reasons, it does not fall within the scope of the work-related injury determination.
2.Degree of injury: The determination of work-related injury requires a certain degree of injury, such as the injury requiring medical treatment, causing the employee to temporarily or permanently lose the ability to work, etc. If the injury is minor, such as minor skin trauma, it may not fall within the scope of work-related injury determination.
3.The injury was not intentional: The work-related injury determination requires that the injury was not caused by the intentional act, i.e., the injury was not intentionally caused by the worker himself. If the injury is intentionally caused by the worker himself, such as self-harm, suicide, etc., it does not fall within the scope of work-related injury determination.
5. Precautions for the determination of work-related injuries.
When determining work-related injuries, the following aspects need to be noted:
1.Timely reporting: After the occurrence of a work-related injury, the worker should report to the employer in a timely manner, and the employer shall report the work-related injury to the local social insurance administrative department. If the filing time is delayed, it may affect the result of the work-related injury determination.
2.Provide authentic materials: When declaring a work-related injury, you need to provide relevant materials, such as medical certificates, accident investigation reports, etc. Workers and units shall provide truthful materials and shall not falsely report, exaggerate or conceal the truth.
3.Understand the identification criteria: Employees and employers should understand the standards and procedures for the identification of work-related injuries to avoid situations that do not meet the identification standards. If you are unsure whether it falls within the scope of work-related injury determination, you can consult the local social insurance administrative department or a professional lawyer.
In short, the identification of work-related injuries is one of the important means to protect the rights and interests of workers. Workers and units shall understand the relevant policies and regulations on the determination of work-related injuries, abide by the procedures and standards for the determination, and ensure that the results of the determination of work-related injuries are just, fair and lawful. At the same time, the social insurance administrative department should also strengthen supervision and services, improve the efficiency and quality of work-related injury identification, and provide better protection and services for workers.