To apply for work-related injury identification, you need to submit the following materials:
(a) the application form for work-related injury identification;
(two) the existence of labor relations with the employer (including factual labor relations);
(3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate).
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.
Safety production law
Article 53. Employees who have suffered from production safety accidents shall have the right to obtain compensation in accordance with relevant civil laws, in addition to enjoying work-related injury insurance according to law, and have the right to claim compensation from their own units.
Article 111 Where a production safety accident occurs in a production and business operation entity, causing casualties or property losses to others, it shall be liable for compensation according to law; If the contractor refuses to undertake or the person in charge escapes, the people's court shall enforce it according to law.
Regulations on industrial injury insurance
Fourteenth employees in any of the following circumstances, should be identified as work-related injuries:
(1) Being injured by an accident during working hours and in the workplace;
(two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident;
(three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries;
Article 17 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 the 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.
In accordance with the provisions of the first paragraph of this article, matters that should be identified by the provincial social insurance administrative department shall be handled by the municipal social insurance administrative department located in the district where the employer is located in accordance with the principle of territoriality.
If the employer fails to file an application for work-related injury identification within the time limit specified in the first paragraph of this article, the employer shall bear the relevant expenses such as work-related injury treatment in accordance with the provisions of these regulations during this period.
Eighteenth applications for work-related injury identification shall submit the following materials:
(a) the application form for work-related injury identification;
(two) the existence of labor relations with the employer (including factual labor relations);
(3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate).
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 social insurance administrative department shall inform the applicant in writing of all the materials that need to be supplemented at one time. The administrative department of social insurance shall accept the corrected materials after the applicant has been informed in writing.
Article 19 After accepting the application for ascertainment of work-related injuries, the social insurance administrative department may investigate and verify the accident injuries according to the needs of examination, and the employing units, 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.
Article 20 The administrative department of social insurance shall, within 60 days from the date of accepting the application for ascertainment of work-related injuries, make a decision on ascertainment of work-related injuries, and notify the employees who apply for ascertainment of work-related injuries 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.
Tort liability law
Article 2 Whoever infringes upon civil rights and interests shall bear tort liability in accordance with this Law.
The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
Article 3 The infringed party has the right to request the infringer to bear the tort liability.
Article 6 Where an actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.
If the actor is presumed to be at fault according to the law, and the actor cannot prove that he is not at fault, he shall bear tort liability.
Article 7 Where an actor damages the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.
Fifteenth ways to bear tort liability are:
(1) Stop the infringement;
(2) remove obstacles;
(3) eliminating danger;
(4) returning property;
(5) restitution;
(6) Compensation for losses;
(7) apologize;
(eight) to eliminate the influence and restore the reputation.
The above tort liability methods can be applied separately or in combination.
Article 16 Anyone who infringes upon others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.
The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Article 1 The people's court shall accept the case that the obligee for compensation has been infringed upon his life, health and body and sued the obligor for compensation, causing property losses and mental damage.
Article 17 If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and reduced income caused by absenteeism, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.
Nineteenth medical expenses are determined according to the receipts of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records and diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
Article 20 The lost time fee shall be determined according to the lost time fee and income of the victim.
The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability.
If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
Twenty-first nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period.
If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.
The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years.
After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS.
Twenty-second transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to other hospitals for treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.
Twenty-third hospital food subsidies can be determined with reference to the standard of food subsidies for ordinary staff of local state organs.
The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.
Twenty-fourth nutrition fee is determined according to the disability of the victim with reference to the opinions of medical institutions.
Article 25 Disability compensation shall be calculated from the date of disability according to the degree or level of disability of the victim and the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the appeal court is located, and the calculation period shall be 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
If the victim is disabled due to a work-related injury, but his actual income has not decreased, or his disability level is light, but his employment is seriously affected by occupational hazards, his disability compensation can be adjusted accordingly.
Twenty-sixth disability assistive devices shall be calculated according to the reasonable cost standard of common applicable devices. If the injury has special needs, you can refer to the opinions of the assistive devices configuration organization to determine the corresponding reasonable cost standard.
The replacement cycle and compensation cycle of auxiliary appliances are determined with reference to the opinions of the organization.
Article 28 The living expenses of the dependents shall be calculated according to the degree of disability of the dependents and the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents in the last year where the appealed court is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.