(1) health check, you can go to a medical and health institution (hospital). If any abnormality is found, go to the occupational disease diagnosis medical and health institution for examination. If there is no contact history with occupational hazards or no abnormality is found in health examination, the diagnosis institution may not accept it.
(2) According to the Administrative Measures for Diagnosis and Identification of Occupational Diseases No.24 of the Ministry of Health of the People's Republic of China (implemented on May 1 2002):
Article 3 The diagnosis of occupational diseases shall be undertaken by medical and health institutions approved by the provincial health administrative department.
Article 10 Laborers may choose an occupational disease diagnosis institution in the place where the employing unit is located or where it lives to make a diagnosis. The term "domicile" as mentioned in these Measures refers to the habitual residence of workers.
Article 11 When applying for occupational disease diagnosis, it shall provide:
(1) professional history and past history;
(two) a copy of the occupational health monitoring file;
(three) the results of occupational health examination;
(4) Detection and evaluation of occupational hazards in workplaces over the years;
(five) other necessary related materials required by the diagnosis institution. The employing units and relevant institutions shall truthfully provide necessary information according to the requirements of diagnostic institutions.
Article 19 If a party has any objection to the diagnosis of occupational diseases, he may, within 30 days from the date of receiving the certificate of occupational disease diagnosis, apply to the municipal health administrative department where the medical and health institution making the diagnosis is located for appraisal. The occupational disease diagnosis appraisal committee is organized by the municipal health administrative department with districts, and is responsible for the first appraisal of occupational disease diagnosis disputes. If a party refuses to accept the appraisal conclusion of the municipal occupational disease diagnosis appraisal committee with districts, it may apply to the provincial health administrative department where the original appraisal institution is located for re-appraisal within 15 days from the date of receiving the occupational disease diagnosis appraisal. The appraisal by the Provincial Occupational Disease Diagnosis and Appraisal Committee is final.
Article 25 When applying for occupational disease diagnosis and appraisal, the parties concerned shall provide the following materials:
(1) An application for occupational disease diagnosis and appraisal;
(2) Occupational disease diagnosis certificate;
(3) The materials specified in Article 11 of these Measures;
(4) Other relevant information.
2. According to the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases:
Article 49 When a medical and health institution discovers a suspected occupational disease patient, it shall promptly inform the employee himself and the employing unit. The employing unit shall timely arrange patients suspected of occupational diseases for diagnosis; During the period of diagnosis or medical observation, patients suspected of occupational diseases may not terminate or terminate their labor contracts. The expenses of patients suspected of occupational diseases during diagnosis and medical observation shall be borne by the employer.
Article 50 Patients with occupational diseases shall enjoy occupational disease treatment prescribed by the state according to law. The employing unit shall, in accordance with the relevant provisions of the state, arrange treatment, rehabilitation and regular examination for patients with occupational diseases. The employing unit shall transfer the occupational disease patients who are not suitable to continue their original jobs and make proper arrangements. The employing unit shall give appropriate post allowances to the workers who are engaged in the operations exposed to occupational hazards.
Article 51 The expenses for diagnosis, treatment and rehabilitation of occupational disease patients, as well as social security for disabled and incapacitated occupational disease patients, shall be implemented in accordance with the provisions of the state on social insurance for work-related injuries.
Article 52 In addition to social insurance for work-related injuries according to law, patients with occupational diseases who still enjoy the right to compensation according to relevant civil laws have the right to claim compensation from the employing unit.
Fifty-third workers were diagnosed with occupational diseases, but the employer did not participate in social insurance for work-related injuries according to law, and their medical and living security was borne by the last employer; The previous employer has evidence to prove that the occupational disease is caused by the occupational hazards of the previous employer, and it shall be borne by the previous employer.
Three. Occupational disease expenses shall be implemented according to the provisions of industrial injury insurance:
Article 41 Where an employer participates in work-related injury insurance in accordance with state regulations, workers suffering from occupational diseases have the right to enjoy the following work-related injury insurance benefits in accordance with relevant state regulations on work-related injury insurance:
(1) Medical expenses: the expenses for diagnosis and treatment due to occupational diseases shall be paid by the industrial injury insurance fund according to the prescribed standards;
(2) Hospitalization food subsidy: paid by the employer according to a certain proportion of the local food standards for business trips;
(3) Rehabilitation expenses: paid by the industrial injury insurance fund according to the prescribed standards;
(4) Disability appliance fee: if assistive devices need to be configured due to disability, the required fee shall be paid by the industrial injury insurance fund according to the general assistive devices standard;
(5) Treatment during paid shutdown: the original wages and benefits will remain unchanged and will be paid by the employer;
(6) Living care subsidy: if it is confirmed that life care is needed after disability assessment, the work injury insurance fund will pay the living care subsidy according to the prescribed standards;
(7) One-time disability allowance: those who are identified as being disabled from Grade 10 to Grade 1 shall enjoy a one-time disability allowance equivalent to their salary from 6 months to 24 months according to their disability level, which shall be paid by the industrial injury insurance fund;
(8) Disability allowance: those who have been identified as being disabled from Grade 4 to Grade 1 shall enjoy disability allowance equivalent to 75% to 90% of their salary according to regulations, which shall be paid by the industrial injury insurance fund;
(9) Death grant: if a person dies of occupational poisoning, the industrial injury insurance fund will pay him a lump sum according to the standard that the average monthly salary of employees in the last year is not less than 48 months;
(10) Funeral subsidy: if a person dies of occupational poisoning, the industrial injury insurance fund will pay him a lump sum according to the standard of six months' average monthly salary of employees in the overall planning area;
(11) Pension for dependent relatives: in case of death due to occupational poisoning, the pension shall be paid from the industrial injury insurance fund to the relatives who provided the main source of livelihood for the deceased before his death: 40% of the average monthly salary of employees in the last year in the overall planning area shall be paid to his spouse every month, and 30% of the average monthly salary of employees in the last year in the overall planning area shall be paid to his immediate family who supported him before his death;
(twelve) other industrial injury insurance benefits stipulated by the state.
After the implementation of these regulations, when the state adjusts the items and standards of work-related injury insurance benefits, it shall be implemented in accordance with its provisions.
Article 42 If an employer fails to participate in work-related injury insurance, and a worker suffers from occupational diseases in the operation of toxic substances, the employer shall ensure that the worker enjoys work-related injury treatment according to the items and standards of work-related injury insurance stipulated by the state.
Article 43 If an employing unit has no business license and its business license is revoked according to law, and its workers suffer from occupational diseases in the operation of using toxic substances, it shall pay the workers a one-time compensation in accordance with the items and standards stipulated by the state on industrial injury insurance.
Forty-fifth workers have the right to compensation in accordance with the provisions of relevant civil laws, in addition to enjoying the benefits of work-related injury insurance according to law, and have the right to claim compensation from the employer.
IV. According to the Administrative Measures for Diagnosis and Identification of Occupational Diseases No.24 issued by the Ministry of Health of the People's Republic of China (implemented on May 1 2002):
Article 3 The diagnosis of occupational diseases shall be undertaken by medical and health institutions approved by the provincial health administrative department.
Article 10 Laborers may choose an occupational disease diagnosis institution in the place where the employing unit is located or where it lives to make a diagnosis. The term "domicile" as mentioned in these Measures refers to the habitual residence of workers.
5. Once it is recognized as an occupational disease, it shall declare the industrial injury insurance premium and compensation to the enterprise. If no settlement can be reached, arbitration shall be brought to the labor department or a civil lawsuit shall be brought to the court, and the employer shall have the right to claim medical expenses, industrial injury insurance benefits and compensation.
I hope your father will recover soon!