Several knowledge points determined by work injury

Q: What situation should be identified as a work injury?

A: Article 14 of the "Regulations on Work Injury Insurance" stipulates that if employees have one of the following circumstances, it shall be identified as work injury: (1) In working hours and workplace, it shall be damaged by accident due to work reasons; (2) working hours working hours In the workplace, the preparation or ending of the work -related work is injured by accident; (3) If the working hours and the workplace are injured by accidental injuries such as violence due to their work duties; (4) (5) During the period of going out, if the work is injured or the whereabouts of the accident are unknown; (6) During the commute, the traffic accident or urban rail transit, passenger ferry, and train accident damage; (7) Law and administrative regulations should be identified as other circumstances.

Q: What are the cases of work injury?

A: According to Article 37 of the "Social Insurance Law", if one of the following situations lead to a casualties at work, it is not identified as a work injury: (1) intentional crime; (2) drunk or drug use; Suicide; (4) Other circumstances stipulated in laws and administrative regulations.

Q: What materials need to be submitted to apply for work injury?

A: Article 18 of the "Regulations on Work Injury Insurance" stipulates that the application for the application of work injury identification shall be submitted to the following materials: (1) Application form for work injury identification; 3) Certificate of medical diagnosis or occupational disease diagnosis (or occupational disease diagnosis appraisal). The application form of work injury identification shall include the time, place, cause, and the degree of damage of employee damage. If the applicant provides incomplete materials for the applicant of the work injury, the social insurance administrative department shall inform all the materials that the applicant needs to correction in writing a one -time written in writing. After the applicant notified the materials in writing, the Ministry of Social Insurance should accept it.

Q: Do non -employers submit an application for work injury identification, must they be approved by the employee unit?

A: According to Article 5 of the "Opinions on the Implementation of the Several Issues": The employer fails to submit an application for work injury identification for employees in accordance with regulations. Employees who are injured or occupational diseases or their direct relatives and union organizations propose work injury. The application for the application, whether the employee's unit agrees (signature, seal) is not a must.

Q: What should I do if there is any controversy about the determination of work injury?

A: According to Article 55 of the "Regulations on Work Injury Insurance", employees who apply for work injury or their close relatives, and the unit where the employee is located is not acceptable to the decision to apply for the application of the work injury; If the unit where the employee is located is dissatisfied with the conclusion of the work injury, the relevant unit or individual may apply for administrative reconsideration in accordance with the law, or he may file an administrative lawsuit to the people's court in accordance with the law.

Source: Southern Industry News

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