Work-related injury identification procedure refers to the process that a worker suffers from accidental injury or occupational disease at work, applies to the employer for work-related injury identification, and then carries out identification according to certain procedures. The specific steps of the work-related injury identification procedure will be introduced in detail below.
Step 1: Report the injury in time.
After a work-related injury occurs, workers should immediately report the accident to their employers and seek medical treatment as soon as possible. The employing unit shall promptly report the industrial accidents to the local labor security supervision department.
Step 2: Medical identification
During the treatment, the laborer should provide the hospital with an application form for work-related injury identification, and inform the doctor that this visit is due to work-related injury. The doctor will make an appraisal according to the injury and issue a certificate of working ability.
Step 3: Employer Report
The employing unit shall report the industrial accident to the local labor security supervision department within 10 days from the date of the industrial injury, and provide relevant certification materials.
Step 4: Investigation by the labor security supervision department.
After receiving the report, the labor security supervision department will conduct investigation and verification and ask for information from relevant parties. The survey results will be used as the basis for the identification of work-related injuries.
Step 5: Identification of work-related injuries
The labor security supervision department shall, according to the investigation results, medical appraisal and other relevant evidence, make a decision on the determination of work-related injuries. If it is identified as a work-related injury, it will be paid work-related injury treatment; If it is determined that it is not a work-related injury, the employee may file a reconsideration or lawsuit.
Step 6: Reconsideration or litigation
If a worker refuses to accept the determination of a work-related injury, he may file a reconsideration with the labor security supervision department, or directly file a lawsuit with the people's court, demanding that the work-related injury be re-determined.
To sum up, the procedures of work-related injury identification include injury reporting, medical appraisal, employer's report, labor security supervision department investigation, work-related injury identification and reconsideration or litigation. The laborer shall report the injury in time and provide relevant certification materials; The employing unit shall promptly report the industrial accidents; The labor security supervision department will conduct investigation and verification, and make a decision on the determination of work-related injuries according to the investigation results. If the laborer is not satisfied with the result, he can file a reconsideration or lawsuit.
Legal basis:
Regulations on industrial injury insurance (revised on 20 10);
Chapter I General Provisions Article 2 People, enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations in China and individual industrial and commercial households with employees (hereinafter referred to as employers) shall participate in work-related injury insurance in accordance with the provisions of these Regulations and pay work-related injury insurance premiums for all employees or employees (hereinafter referred to as employees). Employees of enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations and employees of individual industrial and commercial households in People's Republic of China (PRC) have the right to enjoy treatment of industrial injury insurance in accordance with the provisions of these regulations.