Scope Of Industrial Injury Identification

Scope of industrial injury identification

Workers who are injured, disabled or killed for one of the following circumstances shall be identified as work-related injuries:

(1) in the daily production or work of the unit or the work designated temporarily by the person in charge of the unit, in case of emergency, although it has not been designated by the person in charge of the unit, it shall engage in direct work related to the significant interests of the unit.

(2) through the arrangement or consent of the person in charge of this unit, he is engaged in scientific experiments, inventions and technological improvements related to his own unit.

(3) occupational hazards caused by occupational hazards in the working environment;

(4) in the time and working area of production work, accidental injury caused by unsafe factors, or death caused by work stress or sudden illness, or loss of working capacity after the first salvage treatment;

(5) personal injury caused by performing duties;

(6) engage in activities such as rescue, disaster relief, rescue and others to safeguard the interests of the state, society and the public;

(7) workers who have been crippled by their work or demobilized soldiers who are on duty or who have been disabled due to war are pferred to the enterprise.

(8) during the period of public outing, due to work reasons, injuries or disappearances caused by traffic accidents or other force majeure accidents, or death caused by sudden diseases or all of them can lose their working ability after the first rescue treatment.

(9) in the prescribed time and route required for commuting, there is a road traffic accident involving no personal liability or non principal responsibility.

(10) other circumstances stipulated by laws, regulations and rules.

2. Workers who cause injury, disability or death due to one of the following circumstances cannot be identified as work-related injuries.

(1) crime or violation of law;

(2) suicide or self mutilation;

(3) fight;

(4) excessive drinking;

(5) deliberate violation;

(6) other circumstances stipulated by laws and regulations.

See: "notice on the issuance and implementation of the" implementation method of work-related injury insurance for enterprise employees in Zhejiang "(Zhejiang labor insurance [1999]333, Zhejiang Finance Association [1999]123, Zhejiang general industrial development [1999]97)

Implementation date: January 1, 2000

Industrial injury identification procedure

1, an enterprise should submit a work-related injury report to the local labor and social security administration within fifteen days from the date of the occurrence of industrial injury or the date of diagnosis of occupational disease.

Industrial injury workers or their relatives should apply for industrial injury insurance benefits within fifteen days from the date of the occurrence of industrial injury or the date of diagnosis of occupational diseases, and submit them to the local labor and social security administrative departments after signing and sealing them.

In case of exceptional circumstances, the time limit for applying for industrial injury can be extended to thirty days.

If the workers or their relatives of industrial injury are not likely to apply, they may apply for treatment by representatives of the trade union organizations of the enterprises.

The application for work-related injury insurance benefits shall be submitted to the enterprise after signature and seal.

If the enterprise does not sign or seal, the worker or his relatives can submit the application directly.

If a worker is missing during the period of public outing or in disaster relief, the enterprise shall report to the public security department and the labor and social security administrative department at the place where the enterprise is located.

2, the labor and social security administrative department shall, after receiving the application for industrial injury reports or work-related injury insurance benefits, organize a social insurance agency to investigate and collect evidence, and decide whether to make an industrial injury within seven days.

Special circumstances may be extended, but not exceeding thirty days.

The identification of work-related injuries should be based on the following information:

(1) enterprise injury report;

(2) application for work-related injury insurance benefits;

(3) the occupational disease diagnosis certificate issued by a designated hospital or medical institution for the first time to treat work-related injuries and medical and health institutions with occupational disease diagnosis rights belongs to minor injuries without requiring treatment in hospitals.

(4) work injury reports conducted by the labor and social security administrative departments for investigation and evidence collection;

(5) a road traffic accident shall be issued by the traffic police department of a public security bureau, or the relevant certificate shall be issued.

(6) those who are subjected to personal injury in performing their duties shall provide relevant certificates of public security or judicial departments.

3, the decision on industrial injury identification should be notified in writing.

The labor and social security administrative department shall, according to the conclusion of the death declaration of the people's court, determine the death of the worker.

See: "notice on the issuance and implementation of the" implementation method of work-related injury insurance for enterprise employees in Zhejiang "(Zhejiang labor insurance [1999]333, Zhejiang Finance Association [1999]123, Zhejiang general industrial development [1999]97)

Implementation date: January 1, 2000

See also: reply to the limitation of industrial injury.

(Zhejiang social insurance number [2000]28)

Implementation date: April 20, 2000

Industrial injury identification of a worker being stabbed by a mob while in office

When workers were stabbed by a mob during their work, their damages were decided by the court, and the parties concerned should be executed according to the effective judgment of the court.

If the behavior of the injured employee is in line with the provisions of the eighth law of the Zhejiang Province on the implementation of industrial injury insurance for enterprise employees, it can be identified as work-related injury.

See: "reply to" instructions for the workers to be stabbed at the time of being killed by a rioters during the period of work and whether they can be identified as work-related injuries after a court decision "(zhe Lao society's letter [2000]8)

Implementation date: May 25, 2000

Identification of workers being scalded during bath during work

According to the fourth provisions of the eighth principles and regulations of the Zhejiang Province on the implementation of industrial injury insurance for workers and staff members of enterprises in Zhejiang Province (Zhejiang labor insurance [1999]333), the identification of work-related injuries caused by unsafe factors in production time and work area must meet the following requirements: first, in the production work hours, two in the work area, and three as an accident caused by unsafe factors for work.

These three conditions are indispensable.

Although Comrade Shen Shiying's disability occurred during the working hours, he did not work in his job, nor was he working for it. Instead, he was unauthorized to take a bath and scald at work time. He did not belong to accidental injuries caused by unsafe factors.

See: "Zhejiang labor department's reply on whether employees can be identified after being scalded during work" (zhe Lao society's letter [2000]29)

Implementation date: July 12, 2000

Identification of work-related injuries resulting from sudden cerebral hemorrhage at work

According to the implementation measures of work-related injury insurance for enterprises and workers in Zhejiang Province, there are three conditions for the identification of work-related injuries due to work stress and sudden illness. First, it occurs in the working hours and working areas; two is the sudden onset of illness due to work stress; the three is death or total disability.

When Comrade Wang Xibiao repaired electrical equipment in the working hours, the sudden cerebral haemorrhage was invalid by the hospital rescue, which accords with the above conditions and can be identified as a work injury.

See: "a reply to the death of a sudden brain hemorrhage at work."

(letter from zhe Lao society No. [2000]34)

Implementation date: August 1, 2000

Industrial injury identification of schistosomiasis

According to the spirit of the State Labor Administration (77), "180 opinions on the treatment of schistosomiasis japonica", workers are working in areas where schistosomiasis is endanger or are temporarily assigned to work in the above areas for work needs, and they are given labor training.

See: "reply to the Labor Bureau of Fuyang Municipality on the request for a one-time disability allowance after the retirement of industrial injury in the golden age".

(zhe Lao Fu No. [1998]24)

Implementation date: March 25, 1998

Injury identification of eye burns during work

When Zhang Shusen, a worker of Dongyang pesticide factory, returned to work normally after he ordered the factory to resume work, he burned his eyes because of defects in the liquid filling equipment in his factory when he was buying liquid alkali for his factory.

According to the regulations of the Ministry of labor on the implementation of industrial injury insurance for workers and staff members and the answers to the statistical answers to the reports on injuries and deaths of employees, Zhang Shusen's eye burns should be dealt with due to occupational injuries.

See also: reply to the cognizance of workers' injury caused by work.

(zhe Lao Fu No. [1997]57)

Implementation date: August 18, 1997

Identification of sliding injuries caused by rain on duty

The situation of Jin Yunsong, a worker in Gaoqiao Er light plastics factory, does not conform to the provisions of the ninth paragraph and the sixth paragraph of the Provisional Regulations on industrial injury insurance for enterprises in Zhejiang Province, and can not be dealt with according to work-related injuries.

The reasons are: wind and rain, uneven road surface and slippery water. This should not be regarded as an irresistible factor. Under such conditions, careful handling can avoid accidents.

And the road where the accident occurred is not a dedicated lane.

Therefore, the worker's condition can not be dealt with according to the industrial injury. Taking into account the difficulties of Jin Yunsong's high paraplegia, the Gaoqiao second light plastics factory where he lives should give appropriate subsidies as appropriate.