Identification Of Work-Related Injuries (2011)

No. eighth of the Ministry of human resources and social security of the People's Republic of China

December 31st, two

Article 1 in order to standardize the procedures for identifying industrial injury, to identify industrial injury according to law, and to safeguard the legitimate rights and interests of the parties concerned, these measures are formulated in accordance with the relevant provisions of the regulations on industrial injury insurance.

The second social insurance administrative departments shall carry out the identification of work-related injuries according to these measures.

The third work injury identification shall be objective, impartial, simple and convenient, and the cognizance procedure should be disclosed to the public.

Fourth 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, and the unit shall, within 30 days from the date of accident injury or from the date of being diagnosed and identified as occupational disease, submit an application for injury identification to the regional social insurance administrative department.

In case of special circumstances, the time limit for application can be extended appropriately after the approval of the social insurance administrative department.

In accordance with the provisions of the preceding paragraph, an application for industrial injury identification should be submitted to the provincial social insurance administrative department, and shall be submitted to the municipal social insurance administrative department set up by the employing unit in the locality according to the principle of territoriality.

Article fifth where the employer fails to apply for a work-related injury within the prescribed time limit, the injured worker or his close relative or trade union organization may, within 1 years from the date of the occurrence of the accident injury or the date of being diagnosed and identified as occupational disease, may apply for an application for industrial injury directly in accordance with the fourth provision of the present measures.

Sixth, the application form for work-related injury should be completed in the application for industrial injury identification, and the following materials should be submitted:

(1) photocopy of the texts of labor and employment contracts or other supporting materials for labor relations (including factual labor relations) and personnel relations with the employing units;

(two) post injury diagnosis certificate or occupational disease diagnosis certificate or occupational disease diagnosis certificate issued by medical institution.

The application materials submitted by seventh industrial injury identification applicants meet the requirements and belong to the jurisdiction of the social insurance administrative department and within the time limit for acceptance. The social insurance administrative department shall accept the application.

The eighth social insurance administrative department shall examine the materials submitted by the applicant within 15 days after receiving the application for injury identification, and make a decision to accept or reject the material with complete materials.

The social insurance administrative department shall, within 15 days after receiving all the supplementary materials submitted by the applicant, make a decision to accept or reject it.

If the social insurance administrative department decides to accept the decision, it shall issue a decision on acceptance of work injury identification, and if it decides not to accept it, it shall issue a written decision on the application for acceptance of industrial injury.

After ninth social insurance administrative departments accept the application for industrial injury identification, they can investigate and verify the evidence provided by the applicant according to the need.

The tenth social insurance administrative departments shall carry out investigation and verification, and shall be conducted jointly by more than two staff members and produce certificates for carrying out official duties.

Eleventh staff members of social insurance administrative departments can carry out the following investigation and verification work in the identification of work-related injuries:

(1) enter the relevant units and accident scene according to the need of work;

(two) consult the relevant information on the identification of industrial injury according to law, ask relevant personnel and make an investigation record;

(three) records, recording, video recording and duplication related to industrial injury identification.

Evidence collection for investigation and verification is carried out in accordance with the relevant provisions of evidence collection in administrative litigation.

When the twelfth social insurance administrative personnel conduct investigation and verification, the relevant units and individuals should assist.

The employing units, trade union organizations, medical institutions and relevant departments shall be responsible for arranging relevant personnel to cooperate with the work, and providing information and proof materials.

The thirteenth social insurance administrative departments shall not investigate and verify the occupational disease diagnosis certificates or occupational disease diagnosis certificates which are in compliance with the relevant provisions of the state when undertaking industrial injury identification.

If a certificate of occupational disease diagnosis or occupational disease diagnosis is not in conformity with the requirements and formats prescribed by the state, the social insurance administrative department may require the Department of evidence to provide it again.

After the fourteenth social insurance administrative departments accept the application for industrial injury identification, they can entrust other social insurance administrative departments or relevant departments in the overall planning area to investigate and verify according to their work needs.

The fifteenth social insurance administrative personnel shall carry out investigation and verification, and shall perform the following obligations:

(1) keeping commercial secrets and personal privacy of the units concerned;

(two) confidentiality for the personnel providing the situation.

Sixteenth staff members of social insurance administrative departments should be avoided if they are interested in the applicants for industrial injury identification.

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Seventeenth workers or their close 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 social insurance administrative department may, in accordance with the evidence provided by the injured employee or the evidence obtained from the investigation, make a decision on the confirmation of industrial injury according to law.

The eighteenth social insurance administrative department shall, within 60 days from the date of accepting the application for work-related injury, make a decision on the confirmation of industrial injury, issue a written decision on the determination of industrial injury or a decision not to confirm an industrial injury.

The nineteenth article "determination of work-related injury" shall specify the following items:

(1) the full name of the employing unit;

(two) the name, sex, age, occupation and identity card number of the worker;

(three) the location of injury, the time of the accident, the time of diagnosis, the name of occupational disease, the course of injury and verification, the basic situation of medical treatment and the conclusion of diagnosis;

(four) identify the basis of industrial injury or injury.

(five) the Department and time limit for deciding whether to apply for administrative reconsideration or to initiate administrative proceedings.

(six) the time to decide on work-related injury or injury.

The decision not to identify industrial injury shall include the following items:

(1) the full name of the employing unit;

(two) the name, sex, age, occupation and identity card number of the worker;

(three) no basis for identifying industrial injury or injury.

(four) the Department and time limit for deciding whether to apply for administrative reconsideration or to initiate administrative proceedings.

(five) make a decision not to identify work-related injuries or not to consider injury.

The decision to identify work-related injuries and the decision not to identify industrial injury shall be affixed with a special seal for occupational injury identification in the social insurance administrative department.

The twentieth social insurance administrative department, after accepting the application for work-related injury, decides to make a work-related injury according to the conclusion of the judicial organ or the competent administrative department. When the judicial organ or the relevant administrative department has not yet concluded the conclusion, the time limit for deciding the work-related injury shall be suspended, and the applicant shall be informed in writing.

The twenty-first social insurance administrative departments should apply for the confirmation of work-related injuries within 15 days from the date of accepting the application for work-related injuries.

The twenty-second social insurance administrative department shall, within 20 days from the date of the decision on the confirmation of work-related injury, deliver the written decision on the work-related injury or the decision not to confirm the work-related injury to the injured worker (or its close relative) and the employing unit, and to send it to the social insurance agency.

The service of the decision to identify work-related injuries and the decision not to identify industrial injury shall be carried out in accordance with the relevant provisions of the civil law.

Twenty-third workers or their close relatives or employers shall refuse to accept the decision of dismissibility or refuse to accept the decision on the confirmation of industrial injury. They may apply for administrative reconsideration or bring administrative proceedings in accordance with the law.

After the conclusion of the twenty-fourth work-related injuries, the social security administrative department shall keep the relevant information on the work-related injury for 50 years.

If twenty-fifth employers refuse to assist the social insurance administrative department to investigate and verify the accident injury, the social insurance administrative department shall order correction, and impose a fine of not more than 2000 yuan or less than 20 thousand yuan.

The twenty-sixth types of work injury identification application form, the application for acceptance decision of industrial injury identification, the decision to accept the application for industrial injury confirmation, the decision to determine work-related injury, and the decision not to confirm the work-related injury are formulated by the social security administration department of the State Council.

The twenty-seventh measures shall come into force on January 1, 2011.

The "industrial injury identification measures" promulgated by the Ministry of labor and social security in September 23, 2003 shall be abolished at the same time.