(1) Preparation materials
When applying for work-related injury identification, the following materials shall be submitted:
I. Application Form for Work-related Injury Identification (The application form for work-related injury identification shall include basic information such as the time, place, cause and degree of injury of employees. );
Two, the existence of labor relations with the employer (including factual labor relations) proof materials;
3. Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate).
Four, industrial injury identification application form:
1, fill in with pen or signature pen, and the font is neat and clear.
2. If the applicant is an employer, it shall affix the official seal of the employer on the homepage.
3. Fill in the specific part of the injury in the column of the injured part.
4, diagnosis time bar, occupational diseases, according to the occupation disease diagnosis time to fill in; Injury or death, fill in according to the time of initial diagnosis.
5. After a brief description of the injury, the time and place of the accident, the work at that time, the cause of the injury, the location and degree of the injury should be stated. Patients with occupational diseases should specify what harmful operations they are engaged in, the starting and ending time, and the diagnosis results.
6. When applying for work-related injury identification, the applicant shall submit the resident identity card of the work-related injury worker; A preliminary diagnosis certificate issued by a medical institution when employees are injured, or an occupational disease diagnosis certificate (or occupational disease diagnosis certificate) issued by a medical institution that undertakes occupational disease diagnosis according to law;
The labor contract or other proof of labor and personnel relationship signed with the employer when the employee is injured or diagnosed with occupational disease.
In any of the following circumstances, corresponding evidence shall also be submitted separately:
1. When an employee dies, submit a death certificate;
Two, in the working hours and workplace, due to the performance of duties by violence and other accidental injuries, submit the certificate of the public security department or other relevant certificates;
3. If the whereabouts of an accident is unknown during work-related injury or business trip, submit the certificate of the public security department or the certificate of the relevant department;
Four, on the way to work, the occurrence of traffic accidents or urban rail transit, passenger ferry, train accidents, submit the certificate of the traffic management department of the public security organ or other relevant departments;
Five, in working hours and jobs, sudden illness or died within 48 hours after being rescued, submit the rescue certificate of medical institutions;
Six, in the rescue and disaster relief activities to safeguard national interests and public interests, submitted to the civil affairs department or other relevant departments to prove;
Seven, belong to the demobilized soldiers who are disabled due to war and work-related injuries, and if the old injuries recur, submit the certificate of disabled revolutionary servicemen and the labor ability appraisal institution to confirm the certificate of recurrence of the old injuries.
7. In the column of application matters, it shall be indicated that the injured employee or his close relatives or trade union organization has filed an application for work-related injury identification and signed it.
8, the employer's comments column, should sign whether to agree with the application for work-related injury identification, fill in the situation is true, the agent signed and stamped with the official seal of the unit.
9, the administrative department of social insurance in the review of information and acceptance comments column, should fill in the supplementary materials or whether to accept the opinions.
10. This form is made in duplicate, one for the social insurance administrative department and one for the applicant.
(2) verification
Investigation and verification of industrial injury identification:
After accepting the application for work-related injury identification, the social insurance administrative department may investigate and verify the accident injury according to the needs of examination, and the employer, employees, trade unions, medical institutions and relevant departments shall provide assistance.
The diagnosis of occupational diseases and the identification of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Control of Occupational Diseases. The social insurance administrative department will no longer investigate and verify the personnel who have obtained the occupational disease diagnosis certificate or occupational disease diagnosis and appraisal certificate according to law.
If the employee or his close relatives think it is a work-related injury and the employer does not think it is a work-related injury, the employer shall bear the burden of proof.
(3) Suspension
If it is necessary to make a work-related injury determination decision according to the conclusion of the judicial organ or the relevant administrative department, the time limit for making a work-related injury determination decision shall be suspended during the period when the judicial organ or the relevant administrative department has not yet made a conclusion.
(4) Decide
Make a decision on work-related injury identification
The administrative department of social insurance shall, within 60 days from the date of accepting the application for work-related injury identification, make a decision on work-related injury identification, and notify the employees who apply for work-related injury identification or their close relatives and the units where the employees work.
The administrative department of social insurance shall, within 15 days, make a work-related injury determination decision on the application with clear facts and clear rights and obligations.
(5) service
Work-related injury identification conclusion service:
The administrative department of social insurance shall, within 20 days from the date of making the decision on ascertainment of work-related injuries, serve the decision on ascertainment of work-related injuries or the decision not to recognize work-related injuries on the employees (or their close relatives) and the employing units, and send a copy to the social insurance agency.
The service of "Decision on Determining Work-related Injury" and "Decision on Not Determining Work-related Injury" shall be carried out with reference to the relevant provisions of the Civil Law.
Extended data:
According to Article 15 of the Regulations on Industrial Injury Insurance:
Workers in any of the following circumstances shall be recognized as work-related injuries:
(a) died of sudden illness during working hours and at work, or died within 48 hours after being rescued;
(2) safeguarding national interests and public interests in emergency rescue and disaster relief activities;
(3) An employee who was formerly in the army and was disabled due to war or business has obtained a revolutionary disabled soldier's certificate, and the old injury recurs after going to the employer.
Employees who fall under the circumstances mentioned in Items (1) and (2) of the preceding paragraph shall enjoy the treatment of work-related injury insurance in accordance with the relevant provisions of these Regulations; In case of item (3) of the preceding paragraph, the employees shall enjoy the treatment of work-related injury insurance in addition to the one-time disability allowance in accordance with the relevant provisions of these regulations.
Baidu Encyclopedia-Work Injury Identification Procedure
Baidu Encyclopedia-Regulations on Industrial Injury Insurance