Who is responsible for the diagnosis after retirement?

case

Master Wang has been engaged in the next line of the well for 13 years, and he has completed the retirement procedures 5 years ago. Not long ago, Master Wang suddenly coughed, and the frequency of breathing was obviously abnormal.

In this regard, Master Wang found the original unit to ask for compensation, but the original unit stated that Master Wang had retired for many years. He had nothing to do with the unit after his retirement procedures, so he refused to compensate.

So, is the unit saying right?

analyze

Unit

Wrong

Compared with other work injuries, occupational disease injuries are characterized by discovering that time is relatively lagging. Therefore, employees have occurred when they retire or leave after retirement.

Article 8 of the "Opinions of the Ministry of Human Resources and Social Security on the implementation of the" Prevention Insurance Regulations & Several Issues "stipulates:

After going through the retirement procedures, retirees who have not been engaged in the hazard of occupational diseases anymore, if they have been engaged in contacting occupational disease hazards, did not find occupational diseases at that time, were diagnosed or identified as occupational diseases after leaving their jobs, they could be diagnosed and identified as occupational diseases for occupational diseases. Applying for work -related injuries within one year, the social insurance administrative department shall accept it.

According to this regulation, even if Master Wang has retired for five years, he can still apply to be identified as industrial injuries within one year from the date of diagnosis as an occupational disease, and the social security administrative department should accept it.

Of course, it is necessary to meet certain conditions for work injury. For example, the units that retire their retirement do have an assignment in contact with occupational diseases, and after retirement, they have not engaged in contact with occupational disease hazards after retirement.

When Master Wang meets these two conditions, the situation of his occupational disease can be identified as a work injury according to law.

The employer believes that Master Wang has nothing to do with his unit is wrong. Eligible retired employees still enjoy work injury insurance benefits.

Within one year after diagnosis of pneumoconiosis, Master Wang can apply to the Human Resources and Social Security Bureau for identifying work injuries to safeguard his legitimate rights and interests.

Editor in this issue: Zhang Zixuan

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