First, is it a work-related injury?
The industrial injury appraisal department is the administrative department of labor security. Specifically, an application for work-related injury identification should be submitted to the administrative department of labor and social security in the overall planning area. The administrative department of human resources and social security shall make a decision on work-related injury identification within 60 days from the date of accepting the application for work-related injury identification, in which the decision on work-related injury identification shall be made within 65 days from the date of accepting the application with clear facts and clear rights and obligations. After making the determination decision, the work-related injury determination decision shall be delivered to the employee who applies for work-related injury determination or his close relatives and the unit where the employee works within 10 working days, and the application procedure for labor ability appraisal shall be informed at the same time.
Second, what materials are needed to apply for work-related injury identification?
Units and individuals applying for work-related injury appraisal shall provide:
1, industrial injury identification application form;
2. A copy of the injured employee's ID card;
3. A copy of the text of the labor contract or other valid certificates for establishing labor relations;
4. Post-injury diagnosis certificate or occupational disease diagnosis certificate issued by medical institutions (or occupational disease diagnosis certificate) and a copy of the medical record of initial treatment.
The application form for ascertainment of a work-related injury shall include basic information such as the time, place and cause of the accident and the degree of injury of the employees.
If the materials provided by the applicant for work-related injury identification are incomplete, the administrative department of labor security shall inform the applicant in writing of all the materials that need to be completed at one time. After the applicant completes the materials according to the written notification requirements, the administrative department of labor security shall accept it.
3. What if the work-related injury identification is rejected?
1. If the work-related injury identification fails to submit sufficient information and is not corrected within the specified time after the administrative organ issues the correction notice, the work-related injury identification organ will not accept it.
2, for work-related injuries that exceed the application time limit, except for special reasons (specifically, labor relations confirmation, medical treatment period has not yet ended, etc.). ), the work-related injury identification organ may reject the application and refuse to accept it.
3. Workers with work-related injuries, their families or employers who are not satisfied with the application for ascertainment of work-related injuries may bring an administrative reconsideration to the local people's government or the administrative department of human resources and social security at the next higher level within 60 days, or bring a lawsuit directly to the local people's court within 90 days.
To sum up, whether employees are injured in the work of the unit should be recognized as work-related injuries. Workers can call the local labor and social security administrative agency for telephone consultation to understand the materials and procedures required for work-related injury identification. If the unit fails to declare a work-related injury, the employee can put it forward within one year at the latest, and those who are rated as work-related injuries can enjoy the treatment of work-related injury insurance.