According to the relevant provisions of Article 17 in Chapter III of the latest Regulations on Industrial Injury Insurance of 20 18:
If an employee has an accident injury or is diagnosed and identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease, apply to the social insurance administrative department in the overall planning area for work-related injury identification. Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended.
If the employing unit fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the employees with work-related injuries or their close relatives and trade unions may directly apply for work-related injury identification to the social insurance administrative department where the employing unit is located within 1 year from the date of the accident injury or the date of being diagnosed as an occupational disease.
2. The appraisal of injury and disability is listed in the latest 20 18 Regulations on Work-related Injury Insurance, and needs to be appraised by the municipal labor ability appraisal committee with districts.
According to Article 25 of Chapter 4 of the latest Industrial Injury Insurance Regulations of 20 18:
After receiving the application for labor ability appraisal, the municipal labor ability appraisal committee with districts shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall put forward the appraisal opinions.
According to the expert group's appraisal opinions, the municipal labor ability appraisal committee with districts makes a conclusion on the labor ability appraisal of workers with work-related injuries; When necessary, a qualified medical institution may be entrusted to assist in the relevant diagnosis.
Extended data:
Work-related injury identification skills:
First, quickly determine the name of the industrial injury unit
The unit didn't buy work-related injury insurance for employees, and the responsibility for work-related injury compensation was entirely borne by the employer, so it was basically impossible to apply for work-related injury identification for employees on their own initiative, or even try their best to avoid the responsibility for work-related injury compensation. Even if you buy work-related injury insurance, the employer still needs to bear part of the liability for compensation, and there is also the possibility of not applying for work-related injury identification on its own initiative.
As a work-related injury worker, if you don't know the exact name of the employer, you can't determine the object of recourse. Because in practice, many employees don't know the name of their own units, especially the subcontracting of projects. It is difficult for migrant workers like contractors to know who their employers are. Therefore, it is the most basic condition to determine the employer and the compensation subject of work-related injury compensation.
Two, collect and provide evidence to prove the facts of labor relations and work-related injuries.
The two most basic and core conditions for determining a work-related injury are to prove the labor relationship and the fact that a work-related injury has occurred. Then, are there any labor contracts or work permits, employment certificates and other labor relations certificates signed by the unit? Are there any workers who witnessed the work-related injury at the scene willing to testify?
These certification materials are necessary materials for applying for work-related injury identification. Without these materials, the administrative department of labor security will not even accept the application for work-related injury identification. Although injured workers may be able to collect some supporting materials, in more cases, injured workers cannot collect and provide relevant supporting materials by themselves. When necessary, professional industrial injury lawyers can investigate and collect supporting labor relations and prove the fact of industrial injury, and seek the help of the media and relevant departments through lawyers.
Three, the employer does not apply for work-related injury identification, they must apply.
Whether you participate in work-related injury insurance or not, work-related injury identification is a very important link in dealing with work-related injuries. The identification of work-related injuries is first and foremost the obligation of employers. If the employer fails to apply for work-related injury identification within the prescribed time limit, the workers and their close relatives may apply within one year.
Because there is a clear time limit for applying for work-related injury identification, the overdue labor security administrative department will not accept it, and recourse for work-related injury insurance benefits will not be supported by arbitration and the court.
So don't believe that the employer has no false or insincere promises, so as not to miss the time limit for applying for work-related injury identification.
Four, the compensation items of work-related injury claims are as follows:
1, general injury compensation (not up to disability)
Medical expenses, food subsidies for the injured during hospitalization, living care expenses, wages during work-related injuries, and transportation and accommodation expenses.
2. Disability compensation
Medical expenses, food subsidies, living nursing expenses, wages during work-related injuries, transportation and accommodation expenses, assistive devices, one-time disability allowance, one-time medical subsidy for work-related injuries, and one-time disability employment subsidy.
3. Compensation for death
Funeral subsidy, one-time casualty subsidy, and dependent relatives pension.
4. The employee's whereabouts are unknown.
Compensation items whose whereabouts are unknown when employees go out for emergency rescue or disaster relief should be determined according to different situations. If the employee is not declared dead, the compensation items available to his immediate family members include: pension for dependent relatives and 50% lump-sum death subsidy (in case of difficulties);
When an employee is declared dead, the immediate family members can get compensation items: funeral expenses, pensions for dependent relatives, and one-time subsidies for the death of employees.
Verb (abbreviation of verb) Regulations on Work-related Injury Insurance Article 39 If an employee dies at work, his close relatives shall receive funeral allowance, dependent relatives pension and one-time work-related death allowance from the work-related injury insurance fund in accordance with the following provisions:
1. Funeral allowance: the average monthly salary of employees in the overall planning area for 6 months.
2. Dependent relatives pension: paid to the relatives of the deceased employees who were unable to work and provided the main source of livelihood according to a certain proportion of their wages.
The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of social insurance of the State Council.
3. One-time work death allowance: the standard is 20 times of the per capita disposable income of urban residents in the previous year. (In 20 10, the per capita disposable income of urban residents nationwide 19 109 yuan, and in 2009, the per capita disposable income of urban residents nationwide 17 175 yuan).
If a disabled employee dies at work during the period of paid suspension, his close relatives shall enjoy the treatment stipulated in the first paragraph of this article. If a disabled worker of Grade 1 to Grade 4 dies after the expiration of his unpaid leave, his close relatives may enjoy the treatment specified in Items (1) and (2) of the first paragraph of this article.
References:
Baidu Encyclopedia-Work Injury Identification