When Is Work-Related Injury Identified?
Third workers who have been injured in accidents or have been diagnosed and identified as occupational diseases according to the law of prevention and control of occupational diseases shall be submitted to the labor and social security administrative department 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. In case of special circumstances, the labor and social security department has been approved by the Ministry of labor and social security. Time limit for application It can be extended appropriately.
Fourteenth workers or their immediate relatives consider industrial injury and the employer does not consider it to be a work-related injury. The employer shall bear the burden of proof. If the employer refuses to give evidence, the labor and social security administrative department may, according to the evidence provided by the injured employee, make a conclusion of the industrial injury according to law.
The fifteenth labor and social security administrative departments shall, within 60 days from the date of accepting the application for industrial injury identification, make a decision on the confirmation of industrial injury. The decision includes the determination of industrial injury or industrial injury, and the confirmation that it does not belong to industrial injury or injury.
Thirty-first workers who are injured by work or suffering from occupational diseases need to suspend their work and receive medical treatment for occupational injuries. During the period of suspension of wages and salaries, the original salary and welfare benefits will remain unchanged, and the units will be paid monthly by their units.
The period of suspension is usually less than 12 months. If the injury is serious or the situation is special, it can be appropriately extended by the municipal labor capacity appraisal committee established by the District, but the extension shall not exceed 12 months. After assessing the disability level, the injured workers are entitled to the original treatment and enjoy the disability treatment according to the relevant provisions of this chapter. Work-related injury workers still need to be treated after they stop working, and continue to enjoy medical treatment for work-related injuries.
Workers who are unable to take care of their own lives and need to care for workers who are out of work and pay leave are responsible for their work.
Thirty-second work-related injury workers have assessed the disability grade and confirmed the need for life care through the labor capacity appraisal committee.
Life care costs are totally incapable of taking care of themselves according to life, most of the life can not be taken care of or part of life can not take care of themselves at 3 different levels. The standard thirty-fifth workers are treated as work-related disability and are rated as seven to ten.
(1) payment from industrial injury insurance fund according to disability grade. Permanent disability The subsidy is: seven grade disability, 12 months' self wages, eight grade disability 10 months' self wages, nine grade disability 8 months' self wages, ten grade disability for 6 months' wages.
(two) when the labor contract expires, or the worker himself proposes to terminate the labor contract, the employer shall pay a one-time injury medical subsidy and a disability employment subsidy. The specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.
Thirty-sixth industrial injury workers relapsed, confirmed the need for treatment, enjoy the provisions of this Ordinance twenty-ninth, thirtieth and thirty-first provisions of industrial injury treatment. They are 50%, 40% or 30% of the monthly average wages of workers in the same area.
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Administrative Penalties For Violating The Labour Law Of The People'S Republic Of China
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