Work-Related Injury Certification Approach

Original Language Title: 工伤认定办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347841.shtml

Work-related injury certification approach

    (December 31, 2010 to 8th release since the Department of human resources and social security as of January 1, 2011) the first to standardize the work-related injury certification procedures, according to the work-related injury certification, maintaining the lawful rights and interests of the parties, in accordance with the relevant provisions of the regulations on industrial injury insurance, these measures are formulated.

    Article work-related injury certification in accordance with the social security administration procedures.

    Article work-related injury certification should be objective and impartial, easy and convenient, identification procedures should be open to the public. Fourth employee accident injury or was in accordance with law of occupational disease prevention diagnosis and appraisal of occupational diseases, injuries from the accident date or date of diagnosis and appraisal of occupational disease in the 30th, to co-ordinate work injury certification application to the regional Social Security Administration Department.

    In special circumstances, with the approval of social security Administrative Department, applicants may be appropriately extended.

    In accordance with the provisions of the preceding paragraph shall apply to the provincial social insurance administrations work injury certification, based on the principle of territoriality to the location of the employer should be divided into districts, the municipal social security Administrative Department.

    Fifth employing unit is not submitted within the time limit set by work-related injury certification application, the injured employees or their close relatives, the trade union organization in the accident date or date of diagnosis and appraisal of occupational disease within 1 year, can apply for work injury certification in accordance with the provisions of this article fourth.

    Sixth article work-related injury certification application should fill in the application form for work-related injury certification, and submit the following materials:

    (A) labor, copy of the employment contract or labor relation with the employer (including the fact labor relationship), personnel of other supporting documents;

    (B) medical certificate after an injury or occupational disease issued by the certificate (or certificate of diagnosis of occupational disease).

    The seventh work injury cognizance application materials submitted by the applicant meets the requirements, belong to the jurisdiction of the social security administration and accepted within the time limit, the social security administration shall be accepted. Eighth social security administration after receiving a work-related injury certification request shall review materials submitted by the applicant in the 15th, materials, make's decision to accept or not to accept materials incomplete, applicants shall be notified in writing once needed correction of all materials.

    The social security administration received after full correction of the materials submitted by the applicant, should be made in the 15th's decision to accept or not to accept.

    Of the social security administration decides to accept, shall issue a written decision on work-related injury certification applications; decision inadmissible, shall issue a written decision on the work-related injury certification application as inadmissible.

    After Nineth Social Security Administration accepts the application for work-related injury certification, based on the need to carry out investigation to verify the evidence provided by the applicant.

    The tenth investigation to verify the social security administration should be carried out jointly by two or more staff, and to produce official documents.

    11th social security administration staff in work injury certification, investigation and verification of the following work:

    (A) in accordance with the needs, and gaining access to flats and the scene of the accident;

    (B) access to information related to the work injury certification in accordance with law, asked about personnel and investigative records; (C) copy records, recordings, videos and information relevant to the work-related injury certification.

    Investigation to verify the evidence collection in the light of the relevant provisions of administrative lawsuit evidence-gathering. 12th when the social security administration staff carry out investigation to verify, relevant units and individuals shall provide assistance.

    Employers, trade union organizations, medical institutions and relevant departments should be responsible for the relevant personnel to their jobs, according to availability and references. 13th when the social security administration departments in work injury certification, provided by the applicant in accordance with relevant regulations of the State of the occupational disease certificate or certificate of diagnosis of occupational disease, no longer carry out investigation to verify.

    The occupational disease certificate or certificate of diagnosis of occupational disease does not meet the requirements and format prescribed by the State, the social security administration can require evidence of a fresh offer.

    14th after the Social Security Administration accepts the application for work-related injury certification, in accordance with work requirements, entrust other co-ordinating social security Administrative Department in charge or relevant departments to carry out investigation to verify.

    15th at the social security administration staff carry out investigation to verify, shall perform the following obligations:

    (A) the relevant units of the conservative business secrets and personal privacy;

    (B) to provide confidentiality of the persons concerned.

    16th social security administration staff with work-related injury certification the applicant has an interest should be avoided. 17th employee or his or her close relative thought to be work-related injury, the employer is not considered a work-related injury, the employer bears the burden of proof.

    Employer refused to burden of proof, the social security administration can provide injured workers with the evidence or survey evidence, make a work-related injury certification decision according to law.

    18th social security Administrative Department shall accept applications for work injury certification within 60 days from the date of work-related injury certification decisions, issued by the recognized injury of decision or the book of not found occupational decision.

    Article 19th finds injury decision shall set out the following:

    (A) the full name of the employer;

    (B) the worker's name, sex, age, occupation, social security number;

    (C) the injury site, time and time of the accident or occupational disease name, affected by injury and verify the situation, medical treatment and diagnosis;

    (D) found that work-related injury or occupational basis;

    (E) appealed against the identified departments decided to apply for administrative reconsideration or bring an administrative suit and time frame;

    (F) a determination is made or treated as employees injured decision time.

    Not found injuries of decision shall set out the following:

    (A) the full name of the employer;

    (B) the worker's name, sex, age, occupation, social security number;

    (C) not found or does not equate employees injured basis;

    (D) the appeal finds that decide to apply for administrative reconsideration or bring an administrative suit departments and time limits;

    (E) the decision taken not found or does not equate employees injured.

    Finds injury decision, and no identification of decision shall be affixed to the social security administration employees injured finds Special seal.

    20th after the Social Security Administration accepts the application for work-related injury certification, work-related injury certification decisions need to be judicial authorities or based on the conclusions of the relevant administrative departments, judicial or administrative authorities have not concluded during the work-related injury certification decided to suspend the time limit, and notify the applicant in writing.

    The 21st social insurance administration for the fact that clearly, clearly the rights and obligations of the work-related injury certification the application shall accept an application for work-related injury certification within 15th of making work-related injury certification decisions.

    22nd social security administrative departments shall, from the date of work-related injury certification decisions in the 20th, finds injuries of decision or not recognized injury of decision delivered by injured workers (or their close relatives) and the employing unit, with a copy to the social insurance agency.

    Finds work injuries of decision and not identified injury decision served served in the light of civil law provisions.

    The 23rd employee or his close relatives, the employer refuses to accept the inadmissibility decisions or on work-related injury certification is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    24th after the end of work-related injury certification, recognized by the social security administration occupational information stored for 50 years.

    25th the employer refused to assist the social security administration to investigate the accident verified, by the social security administration ordered corrective action and less than 2000 Yuan and 20,000 yuan in fines.

    26th article of the approach to the work-related injury certification application form and the written decision on work-related injury certification applications and the work-related injury certification applications for inadmissibility decisions, the identification work injury of decision, no recognition of injury decision style established by the Social Security Administration Department under the State Council. 27th article this way come into force on January 1, 2011.

Ministry of labour and social security issued on September 23, 2003 the work-related injury certification procedures abolished at the same time.

Control no:

Work-related injury certification application form

Applicant:

Injured workers:

Relationship between applicant and the injured workers:

Date: year month day
┌───────┬───┬──┬───┬──────┬──────────┐
│ │ │ │ │ │ Date of birth gender name of workers date │
├───────┼───┴──┴───┼──────┼──────────┤
│  身份证号码  │                    │  联系电话  │                    │
├───────┼──────────┼──────┼──────────┤
│   家庭地址   │                    │  邮政编码  │                    │
├───────┼──────────┼──────┼──────────┤
│   工作单位   │                    │  联系电话  │                    │
├───────┼──────────┼──────┼──────────┤
│   单位地址   │                    │  邮政编码  │                    │ ├───────┼──────────┼──────┼──────────┤
│ │ │ Careers, jobs or workers working time │ │
│    作岗位    │                    │            │                    │
├───────┼──────────┼──────┼──────────┤
│事故时间、地点│                    │  诊断时间  │                    │
│  及主要原因  │                    │            │                    │
├───────┼──────────┼──────┼──────────┤
│  受伤害部位  │                    │ 职业病名称 │                    │
├───────┼──────────┼──────┼──────────┤
│  接触职业病  │                    │ 接触职业病 │                    │
│   危害岗位   │                    │  危害时间  │                    │
├───────┼──────────┴──────┴──────────┤
│              │                                                        │
│              │                                                        │
│              │                                                        │
│              │                                                        │
│              │                                                        │
│受伤害经过简述│                                                        │
│  (可附页)  │                                                        │
│              │                                                        │
│              │                                                        │
│              │                                                        │
│              │                                                        │
│              │                                                        │
│              │                                                        │
├───────┴────────────────────────────┤
│申请事项:                                                              │
│                                                                        │
│                                                                        │
│                                                                        │
│                                                                        │
│                                           申请人签字:                 │
│                                                                        │
│                                                 年     月     日       │
│                                                                        │
├────────────────────────────────────┤
│用人单位意见:                                                          │
│                                                                        │
│                                                                        │
│                                                                        │
│                                                                        │
│                                           经办人签字:                 │
│                                              (公章)                  │
│                                                                        │
│                                                 年     月     日       │
├──┬─────────────────────────────────┤
│ 社 │                                                                  │
│ 会 │                                                                  │
│ 保 │                                                                  │
│ 险 │                                                                  │
│ 行 │                                                                  │
│ 政 │                                      经办人签字:                │
│ 部 │                                                                  │
│ 门 │                                           年     月     日       │
│ 审 ├─────────────────────────────────┤
│ 查 │                                                                  │
│ 资 │                                                                  │
│ 料 │                                                                  │
│ 和 │                                                                  │
│ 受 │                                       负责人签字:               │
│ 理 │                                          (公章)                │
│ 意 │                                                                  │
│ 见 │                                           年     月     日       │
├──┴─────────────────────────────────┤
│备注:                                                                  │
│                                                                        │
│                                                                        │
│                                                                        │

└────────────────────────────────────┘

    Instructions:

    1, use a pen or a signing pen, font neat and clear.

    2, applicant employer, Home applicant to affix its official seal. 3, the body part injured injury to fill a specific position.
    4, a time bar, occupational diseases, by occupational disease diagnosis time filled in injury or death, by first time fill. 5, hurt after a brief, should indicate the time and place of the accident, was doing the work, causes of injury and body part injured and extent.

    Patients should indicate where units engaged in harmful work, starting and ending time, confirmed the results.

    6, and applicants proposed injury finds application Shi, should submitted by hurt workers of identity card; medical institutions issued of workers by hurt Shi newly diagnosed diagnosis proved book, or law bear occupational diagnosis of medical institutions issued of occupational diagnosis proved book (or occupational diagnosis testimonials); workers by hurt or diagnosis patient occupational Shi and employing units Zhijian of labor, and hired contract or other exists labor, and personnel relationship of proved.

    Any of the following circumstances, it shall submit the corresponding proof:

    (A) the employee dies, submit a death certificate;

    (B) during working hours and within the workplace, arising from the performance of duties by the violence, accidental injury, submit police certificate, or other proof;

    (C) for work-out during the unaccounted for due to work injury or accident, submitting certificates or proof of related departments of the public security sector;

    (D) the way to or from work, are not my primary responsibility of traffic accident or urban rail transit, passenger ferries, train accident, submitted by public security organs traffic management department or other relevant departments of the certificate;

    (E) working hours and jobs, sudden illness or died within 48 hours of death, submitted to medical rescue certificate;

    (F) in emergency rescue and disaster relief, and other maintenance activities harmed national interests, public interests, and submit proof of the Home Department or other relevant departments;

    (VII) is disabled by war, wounded, displaced, demobilized soldiers, the old injury, introduced the disabled revolutionary certificates and labor skills accreditation bodies to confirm the recurrence of injury.

    7, the application bar, and should indicate the injured employees or their close relatives, trade union organizations submit a work-related injury certification application and sign it.

    Comments 8, the employer shall sign consent to apply for work-related injuries, filled by true, Attn signature and affix its official seal.

    9, the social security administration review information and receive comments, should fill out the correct material or whether it accepts the advice.

10, two copies of this form, social security administration, the applicant retained one copy.
                           Control no:
    Written decision on work-related injury certification applications

_____________: You (units) in __________ ______ ______ ______ year month day of work-related injury certification applications received.

Upon review, in line with the ascertainment of admissibility conditions are hereby accepted.

(Seal)

Year month day

Note: this decision in triplicate, social security administrations, workers or their close relatives, employers retain one copy.
                         Control no:
    Work-related injury certification applications for inadmissibility decisions book

______________:

You (units) in ______ ______ day of __________ years ______ months work-related injury certification applications received.

Review: ______________________________________________________________ does not conform to the regulations of the work-related injury insurance admissible under the section _____ of _________________, has now decided to reject the complaint.

Of this decision may, within 60 days after receiving the written decision to the _____________________________________________________ may apply for administrative reconsideration or bring administrative proceedings.

(Seal)

Year month day

Note: this decision in triplicate, social security administrations, workers or their close relatives, employers retain one copy.
                               Control no:

Finds injury decision

Applicant:

Employee name: gender: age:

ID number:

Employer:

Vocational/trades/jobs:

Accident date: year month day

Accident locations:

Diagnosis date: year month day

Hurt parts/occupational disease name:

Hurt by, medical treatment and diagnosis:

______ Years and ______ months after ascertainment of the ______ day of __________ admissibility of the application, under investigation to verify the submitted materials as follows:

______ Comrade by accident (or occupational disease), in accordance with the work-related injury insurance regulation section ______ of ______ ______ 's provisions, belonging to the scope of work-related injury certification, are to be found (or assimilated) for work-related injuries.

As to the work injury certification is dissatisfied with a decision, within 60 days after receiving the written decision to __________ may apply for administrative reconsideration or bring administrative proceedings.

(Work-related injury certification seal)

Year month day

Note: the four copies of the notification, social security administrations, workers or their close relatives, employers, social insurance agencies retained a copy.
                             Control no:
    Not found written decision on injury

Applicant:

Employee name: gender: age:

ID number:

Employer:

Vocational/trades/jobs:

______ Years and ______ months after ascertainment of the ______ day of __________ admissibility of the application, under investigation to verify the submitted materials as follows: ________ Comrades hurt, do not meet the work-related injury insurance Ordinance 14th, 15th found or deemed employees injured; or in accordance with the regulations on industrial injury insurance provisions of the 16th article ______ of, belongs to shall not be recognized or treated as a work-related injury cases.

Has now decided is not recognized or treated as a work-related injury.

Of this ascertainment refuses to accept the conclusion, within 60 days after receiving the written decision to ______ may apply for administrative reconsideration or bring administrative proceedings.

(Work-related injury certification seal)

Year month day Note: this notice in triplicate, social security administrations, workers or their close relatives, employers retain one copy.