Specific Procedures For Identification And Reimbursement Of Industrial Injury
1. Workers (including migrant workers) who have been injured in accidents or have been diagnosed and identified as occupational diseases according to the law on prevention and control of occupational diseases shall be put forward by the unit within 30 days from the date of accident injury or from the date of being diagnosed and identified as occupational diseases. Identification of industrial injury Apply.
2. If the employer fails to apply for a work-related injury within the prescribed time limit, the injured worker or his immediate family or trade union may, within 1 years from the date of the occurrence of the accident injury or from the date of being diagnosed or identified as occupational disease, may apply directly to the labor security administrative Department of the whole region for an application for industrial injury identification.
3. Applicants should submit an application form for work-related injury confirmation and submit the following materials:
(1) application form for work-related injury (including the time, location, cause and degree of injury).
(2) the labor contract text and photocopy, or the employer and the laborer has the labor relations (including the fact labor relations) the proof material;
(3) post injury diagnosis certificate or occupational disease diagnosis certificate or occupational disease diagnosis certificate issued by medical institution.
4. if the applicant's materials are incomplete, the organ for industrial injury identification shall issue a notice of correction for work injury identification on the spot or within 15 working days.
5, the industrial injury identification authorities refuse to apply. Acceptance The "Notice of application for acceptance of industrial injury is not accepted" and the reason is given.
6, industrial injury identification organs accept industrial injury identification Apply After investigation and verification of the evidence of accident injury or evidence provided according to the need for examination, it shall be conducted jointly by more than two staff members and produce official documents. If the employer or his immediate family considers industrial injury and the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.
7, the industrial injury identification agency decides to accept the work injury identification within 60 days from the date of deciding to accept the application for industrial injury identification. Within 20 working days, the decision on work-related injury shall be sent to the applicant for industrial injury identification and the employer or agent ad litem separately, and to the agency. When the decision on industrial injury is reached, it should fill in the certificate of work injury.
8. After the conclusion of the work-related injury is concluded, the relevant information of the industrial injury identification shall be preserved for at least 20 years.
9, workers or their immediate relatives or employers refuse to accept the decision of dismissibility or refuse to accept the decision on the determination of industrial injury. They may apply for administrative reconsideration or bring administrative proceedings in accordance with the law.
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