June 30(th), 2005
Measures of Wuhan Municipality on Identification of Work-related Injuries
Article 1 These Measures are formulated in accordance with the Regulations of the State Council Municipality on Work-related Injury Insurance (hereinafter referred to as the Regulations), the Implementation Measures of Wuhan Municipality on Work-related Injury Insurance and the relevant provisions of the state, and in combination with the actual situation of this Municipality, in order to standardize the work-related injury identification in this Municipality, and safeguard the legitimate rights and interests of employers and employees.
Article 2 Where employees of various enterprises and individual industrial and commercial households with employees (hereinafter referred to as employees) within the administrative area of this Municipality are injured at work or suffer from occupational diseases, the administrative department of labor and social security may implement these measures.
Article 3 The municipal labor and social security administrative department is responsible for the work-related injury identification of employees in Jiang 'an District, Jianghan District, Qiaokou District, Hanyang District, Wuchang District, Qingshan District, Hongshan District, Wuhan Economic and Technological Development Zone and Donghu New Technology Development Zone.
The administrative departments of labor and social security in Caidian, Jiangxia, Dongxihu, Hannan, Huangpi and Xinzhou District are responsible for the identification of workers' work-related injuries within their respective administrative areas.
Where the employer's place of registration and the place of production and operation are not in the same overall planning area, the administrative department of labor and social security of the insured place shall identify the work-related injury; Those who are not insured shall be identified as work-related injuries by the administrative department of labor security where the production and operation are located.
If there is a dispute over the jurisdiction of work-related injury identification, it shall be settled by both parties to the dispute through consultation. If negotiation fails, it shall be submitted to the municipal labor and social security administrative department for designated jurisdiction.
Article 4 If an employee is injured by an accident or is diagnosed and identified as an occupational disease according to 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, submit an application for work-related injury identification to the administrative department of labor and social security in the overall planning area, receive an application form for work-related injury identification, and fill it out in accordance with the regulations. Under special circumstances, with the consent of the administrative department of labor and social security, the application time limit may be appropriately extended, but the longest time shall not exceed 3 months.
If the employer fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the injured employees, relatives or their immediate family members and trade unions may directly apply to the administrative department of labor and social security for work-related injury identification within 1 year from the date of the accident or the date of being diagnosed and identified as an occupational disease.
Article 5 To apply for work-related injury identification, the following materials shall be submitted:
(a) the application form for work-related injury identification;
(2) Relevant materials that can prove the existence of labor relations with the employer (including written labor contracts, collective contracts, agreements on labor relations in economic contracts, employment certification materials of labor and personnel departments, salary payment forms, witness testimony, etc.). );
(three) the medical records of the first treatment of work-related injuries after the occurrence of work-related injuries, and the discharge summary of hospitalization; Workers suffering from occupational diseases shall provide occupational disease diagnosis certificates issued by institutions with occupational disease diagnosis qualifications recognized by provincial health administrative departments;
(four) the following circumstances, the need to provide the following relevant certification materials:
1. In case of accidental injury such as violence due to the performance of duties, submit the certificate or judgment of the public security organ or the people's court;
2. If an accident occurs when going out to work and is injured, submit a certificate from the public security department or other certificates; If the whereabouts are unknown and it is necessary to determine the death due to work, it shall be submitted to the people's court for a conclusion of declaring death;
3. If you go out on business or are injured by a motor vehicle accident on your way to and from work, you shall submit a letter of responsibility confirmation or relevant treatment certificate from the public security traffic management department;
4. In order to safeguard the public interests of the state and society, certificates issued by relevant functional departments shall be submitted;
5, retired, demobilized soldiers old injury recurrence, submit the certificate of disabled revolutionary servicemen and labor ability appraisal committee to determine the old injury recurrence certificate;
6, workers suffering from schistosomiasis apply for work-related injury identification, need to submit the schistosomiasis diagnosis report issued by the schistosomiasis control department and the original proof materials sent by the employer to the epidemic area and the original medical records of the first treatment of schistosomiasis.
Article 6 An individual worker who has a work-related injury applies for work-related injury identification, and submits an application form for work-related injury identification and relevant certification materials in accordance with the provisions of Article 5 of these Measures.
Immediate family members apply for work-related injury identification, in addition to submitting the application form for work-related injury identification and related certification materials in accordance with the above provisions, at the same time provide the entrustment certificate and immediate family members' certificate of work-related injury workers.
The employer's trade union organization shall, on behalf of the injured workers, submit an application for work-related injury identification, in addition to the application form for work-related injury identification and relevant certification materials, it shall also submit a letter of introduction from the employer's trade union and the identity certificate of the manager.
Article 7 If there is a dispute between a laborer and an employing unit due to labor relations, the parties concerned shall apply to the Labor Dispute Arbitration Committee for arbitration, and the Labor Dispute Arbitration Committee shall determine the labor relations according to law. The time for handling labor disputes according to legal procedures is not included in the time limit for determining work-related injuries.
Article 8 After receiving the application for ascertainment of work-related injuries, the administrative department of labor security shall promptly review the materials. If it is confirmed that the materials submitted by the applicant are complete, it shall make a decision on acceptance or rejection within 15 days from the date of receiving the application for work-related injury identification; If the materials submitted by the applicant are incomplete, it shall inform the applicant in writing to make corrections on the spot or within 5 days from the date of receiving the application, and make a decision on acceptance or rejection within 05 days from the date of correction.
The administrative department of labor 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. Determination decisions include work-related injury determination or deemed work-related injury determination and non-work-related injury determination or deemed work-related injury determination.
Article 9 After accepting the application for work-related injury identification, the administrative department of labor security may, when necessary, investigate and verify the evidence provided by the applicant, and the relevant units and individuals shall provide assistance. Employers, medical institutions, relevant departments and trade unions shall be responsible for arranging relevant personnel to cooperate with the work, and truthfully provide relevant information and supporting materials.
Article 10 The administrative department of labor and social security shall not investigate and verify the occupational disease diagnosis certificate or occupational disease diagnosis and appraisal certificate provided by the applicant in accordance with the relevant provisions of the state. If the occupational disease diagnosis certificate or occupational disease diagnosis certificate does not meet the format and requirements stipulated by the state, the administrative department of labor security may request the department that issued the certificate to provide it again.
Article 11 The staff of the administrative department of labor and social security shall be investigated and verified by two or more administrative personnel, and show their official certificates.
Article 12 When conducting investigation and verification, the staff of the administrative department of labor security may exercise the following functions and powers:
(a) according to the needs of the work, enter the relevant units and the scene of the accident;
(two) to consult the information related to the identification of work-related injuries according to law and ask the relevant personnel;
(three) recording, audio recording, video recording, and copying the information related to the identification of work-related injuries.
Thirteenth employees or their immediate family members think it is a work-related injury, but the employer does not think it is a work-related injury, and the employer shall bear the burden of proof. If the employer fails to submit a valid certificate within 15 days after the administrative department of labor and social security informs of the burden of proof, the administrative department of labor and social security may make a conclusion on the determination of work-related injury based on the evidence provided by the injured employee.
Fourteenth in any of the following circumstances, suspend the work-related injury identification and issue a notice to the applicant to suspend the work-related injury identification:
(a) the relevant departments need to produce evidence, which can not be provided at the moment;
(two) the applicant can not provide a valid work-related injury certificate within the specified time;
(three) due to laws, regulations, rules and other issues need to consult the higher authorities;
(four) due to other irresistible factors, it is difficult to make a decision on the determination of work-related injuries.
After the factors that suspended the work-related injury identification are eliminated or the applicant provides new evidence, the work-related injury identification will be resumed.
Fifteenth work-related injury determination decision shall specify the following items:
(a) the full name of the employer.
(two) the name, gender, age, occupation and ID number of the employees;
(three) the time of the accident, the place of injury and the time of diagnosis and treatment, or the name of the occupational disease, the injury process and identification, the basic medical situation and the diagnosis conclusion;
(4) The basis for being identified as a work-related injury, regarded as a work-related injury or not belonging to a work-related injury or not regarded as a work-related injury;
(5) conclusion;
(6) The department and time limit for applying for administrative reconsideration if it refuses to accept the decision;
(seven) the time to make a decision.
The decision on work-related injury identification shall be stamped with the special seal for work-related injury identification of the administrative department of labor security.
Article 16 The administrative department of labor and social security shall, within 10 days from the date of making the work-related injury determination decision, deliver the work-related injury determination decision to the employees (or their immediate family members) and the employer, and send a copy to the social insurance agency. If the employer is entrusted to hand over the injured employee or his immediate family members, the employer shall deliver it within 7 days and the recipient shall sign for it.
The administrative department of labor and social security shall inform the application procedure of labor ability appraisal when serving the decision on work-related injury identification to the employees who apply for work-related injury identification or their immediate family members and the units where the employees work.
Seventeenth employees or their immediate family members, the employer refuses to accept the decision made by the administrative department of labor and social security or refuses to accept the decision on work-related injuries, they may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Eighteenth after the identification of work-related injuries, the administrative department of labor and social security shall file the relevant information of work-related injuries and keep it for at least 20 years.
Article 19 These Measures shall come into force as of the date of promulgation.
Measures of Wuhan Municipality on the Appraisal of Workers' Labor Ability
Article 1 In order to strengthen the management of the appraisal of workers' labor ability and protect the legitimate rights and interests of employers and workers, these Measures are formulated in accordance with the Regulations of the State Council Municipality on Work-related Injury Insurance and the Implementation Measures for Work-related Injury Insurance.
Article 2 The Municipal Labor Ability Appraisal Committee consists of representatives from the municipal labor security administrative department, the personnel administrative department, the health administrative department, trade union organizations, social insurance agencies and employers. The Municipal Labor Ability Appraisal Committee has an office located in the Municipal Labor and Social Security Bureau, which is specifically responsible for the daily work of the city's labor ability appraisal declaration, filing, physical examination, and selection of experts from the expert database.
Article 3 The responsibilities of the Municipal Labor Ability Appraisal Committee are as follows:
(a) to implement the national, provincial and municipal policies and regulations on the appraisal of work ability of workers with work-related injuries, and to formulate the rules and regulations of this Municipality on the appraisal of work ability.
(two) responsible for the publicity and education of the relevant policies, regulations and standards of the city's industrial injury workers.
(three) to guide the employer to establish the health and disability files of the injured workers.
(four) responsible for the examination and approval of the qualifications of experts in the medical and health expert database and the establishment of the expert database.
Article 4 The Municipal Labor Ability Appraisal Committee shall specifically undertake the following appraisal or confirmation matters:
1, paid shutdown confirmation;
2. Confirmation of rehabilitation treatment;
3, labor ability appraisal;
4, life nursing grade identification;
5. Confirmation of auxiliary equipment;
6. Confirm the connection between diseases and work-related injuries;
7. Confirmation of recurrence of old injuries;
8. Identification of the degree to which the dependent relatives of workers who died at work lost their ability to work;
9, accept the provincial labor appraisal committee entrusted appraisal;
10, responsible for the re-examination and appraisal of employees' disability changes;
1 1. Identification of the degree of incapacity of employees due to illness or non-work-related injuries.
Article 5 The expert database of labor ability appraisal consists of professional technicians in internal medicine, surgery, obstetrics and gynecology, ophthalmology, stomatology and otolaryngology of medical institutions and professional experts with occupational disease diagnosis qualifications. There are not less than 3 experts in each major.
Article 6 Medical and health professionals with qualifications for senior professional and technical positions in medical and health care, knowledge of labor ability appraisal and good professional ethics may be included in the medical and health expert database.
Article 7 The medical and health experts of the agreed medical service institutions shall be responsible for the medical diagnosis of the degree of disability of employees, and put forward the diagnosis opinions, and at the same time put forward suggestions on the degree of labor dysfunction and self-care dysfunction.
Article 8 The appraisal of workers' work-related injuries (including occupational diseases) shall be based on the Grade Appraisal of Workers' Work-related Injuries and Occupational Diseases (GB/T16180-1996). Identification of the degree of loss of work ability of the dependent relatives of employees who are injured, sick and died at work shall be determined in accordance with the Appraisal Standard for the Degree of Loss of Work Ability of Employees Due to Non-work-related Disability and Illness (Trial) (No.8 [2002] of the Ministry of Labor and Social Affairs).
Article 9 If an employee is injured at work, and his disability is relatively stable after treatment, which affects his ability to work, or if the employee is disabled or sick due to non-work-related reasons, the employer, the injured employee or his immediate family members and the trade union organization (hereinafter referred to as the applicant) shall submit a written application to the Municipal Office of Labor Ability Appraisal, and fill in the labor ability appraisal form as required.
Article 10 The following materials shall be submitted when applying for labor ability appraisal:
(1) Employees with work-related injuries are required to issue a copy of the work-related injury determination decision;
(two) patients with occupational diseases need to issue a copy of the "Occupational Disease Diagnosis";
(3) Copies of the applicant's medical records, diagnosis certificates, physical and chemical inspection reports, CT, X-ray and other diagnostic data;
(4) Copy of the appraiser's ID card 1 copy;
(five) other relevant materials provided by the municipal labor ability appraisal institution.
When providing a copy of the above materials, the original should be sent to the municipal labor ability appraisal institution for verification.
Eleventh city labor ability appraisal office after receiving the appraisal application materials, it shall inform the applicant in writing on the spot or within 5 working days whether it is necessary to complete all the materials. Upon examination, if the materials are complete, a notice of acceptance shall be issued. If the application materials are incomplete, the applicant shall issue a notice of acceptance within 5 working days after completing all the materials in time.
Article 12 The office of the Municipal Labor Ability Appraisal Committee shall handle the accepted application for appraisal according to the following procedures:
(1) Classifying, sorting and registering the application materials; Determine the identification time and medical diagnosis object.
(2) Notify the employing unit or the appraised person to go to the designated medical and health service institution for expert medical diagnosis within the specified time;
(3) According to the disability of workers injured at work, randomly select 3-5 relevant experts from the medical and health expert database to form an expert group, and put forward opinions on the labor ability appraisal of workers suffering from occupational diseases (the appraisal experts should be attended by experts with occupational disease diagnosis and appraisal qualifications);
(4) If the appraiser thinks that further medical examination is needed, the employing unit shall organize the appraiser or the appraiser to go to the designated medical and health service institution for diagnosis and examination as required. Medical and health service institutions shall, after carrying out disability examination on workers with work-related injuries, truthfully write the conclusion of physical examination, which can be used as the basis for diagnosis after being examined and sealed by the medical department of medical and health institutions. The time from physical examination to making inspection report is not included in the time limit for labor ability appraisal;
(five) the Municipal Labor Ability Appraisal Committee holds regular meetings to comment on the appraisal opinions put forward by the expert group and the standards stipulated by the state, and make appraisal conclusions. According to the appraisal conclusion, the Municipal Institute of Labor Ability Appraisal issued the Notice of the Conclusion of Labor Ability Appraisal of Workers with Industrial Injury (Occupational Disease) in Wuhan and the Grade Certificate of Workers with Industrial Injury and Occupational Disease Disability.
Thirteenth city labor ability appraisal committee shall make an appraisal conclusion within 60 days from the date of accepting the application for labor ability appraisal of injured workers, and it may be extended for 30 days under special circumstances.
Fourteenth labor ability appraisal conclusion shall be delivered to the units and individuals applying for appraisal within 10 working days from the date of making it.
Article 15 If the employing unit, injured person or their immediate family members who apply for labor ability appraisal are dissatisfied with the appraisal conclusion made by the Municipal Labor Ability Appraisal Committee, they may submit a written application for re-appraisal to the Provincial Labor Ability Appraisal Committee within 15 days from the date of receiving the appraisal conclusion, and the appraisal conclusion of the Provincial Labor Ability Appraisal Committee shall be final.
Sixteenth from the date of conclusion of labor ability appraisal 1 year later, if the injured workers or their immediate family members, their units or agencies think that the disability situation has changed, they can apply to the Municipal Labor Ability Appraisal Institute for labor ability review and appraisal.
Seventeenth employers refused to declare the work ability appraisal of injured workers in accordance with the provisions, the municipal labor security administrative department shall order it to make corrections within a time limit, and if it fails to make corrections within the time limit, it shall be given a warning and informed criticism.
Article 18 Where an employing unit or appraiser practices fraud, forges, alters or cheats medical examination data or diagnosis conclusions in the process of appraising the labor ability of workers with work-related injuries, the municipal labor security administrative department shall punish them in accordance with the relevant provisions of the state.
Nineteenth city labor ability appraisal committee staff, experts to participate in the appraisal related to the appraisee or apply for appraisal matters should be avoided.
Twentieth employees of non-enterprise units need to carry out labor ability appraisal of employees with work-related injuries, which can be implemented with reference to these measures.
Article 21 These Measures shall come into force as of the date of promulgation.