Work-Related Injury Certification Approach

Original Language Title: 工伤认定办法

Read the untranslated law here: https://www.global-regulation.com/law/china/3027294/.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
(Released September 23, 2003, Ministry of labour and social security, the 17th) 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.
    Second work injury certification the administrative departments of labor security in accordance with these measures. Third 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 Labor and social security administration.
    In special cases, agreed by the administrative departments of labor security, applicants may be appropriately extended.
    In accordance with the provisions of the preceding paragraph shall apply to the provincial-level labor Security Administration Department the work injury certification, based on the principle of territoriality to the location of the employer should be divided into districts, the municipal labor and social security administration departments.
    Fourth employer is not submitted within the time limit set by work-related injury certification application, the injured employees or their immediate family members, the trade union organization in the accident date or date of diagnosis and appraisal of occupational disease within 1 year, can directly submit a work-related injury certification application in accordance with article III of this approach.
    Work injury cognizance application should be filled out with the fifth article work-related injury certification application form, and submit the following materials: (a) copy of the labor contract of a labour relationship or other valid identification, (ii) medical diagnosis certificate issued after an injury or occupational disease certificate (or certificate of diagnosis of occupational disease).
    Style of work-related injury certification application form developed centrally by the Ministry of labor and social security.
    Incomplete article the applicant to provide materials, labour and social security administrative departments shall spot or in writing within 15 business days once told all work injury certification the applicant need to correct material.
    Seventh work injury certification provided by the applicant to the application materials, belong to the jurisdiction of the administrative departments of labor security and accepting the limitation period, administrative departments of labor security case.
    Administrative departments of labor security admissibility or inadmissibility, shall inform the applicant in writing and state the reasons. Eighth after the administrative departments of labor security accepts applications for work injury certification, required investigation to verify the evidence provided, the relevant units and individuals shall provide assistance.
    Employing units, medical institutions, authorities and cooperation with trade union organizations should be responsible for the relevant personnel, information and references. The Nineth when the administrative departments of labor security 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 occupational-disease diagnosis format that does not comply with State regulations and requirements, issued by the administrative departments of labor security may require evidence a fresh offer.
    Tenth after the administrative departments of labor security accepts applications for work injury certification, in accordance with work requirements, entrust other co-ordinating regional Labor and social security administration departments or related departments to carry out investigation to verify.
    The 11th investigation to verify the administrative departments of labor security staff, should be carried out jointly by two or more persons, and to produce official documents.
    12th administrative departments of labor security staff when carrying out investigation to verify the article, may exercise the following powers: (a) in accordance with the needs, and gaining access to flats and the scene of the accident, (ii) access to information related to the work injury certification in accordance with law, asked the persons concerned; (iii) copy records, recordings, videos and information relevant to the work-related injury certification.
    13th when carrying out investigation to verify the administrative departments of labor security personnel shall perform the following obligations: (a) protect the units trade secrets and personal privacy; (b) in order to provide confidentiality of the persons concerned. 14th employees or their immediate family members considered to be work-related injury, the employer is not considered a work-related injury, the employer bears the burden of proof.
    Employer refused to the onus of proof, administrative departments of labor security in accordance with the injured employee shall make the ascertainment of evidence to provide conclusions. 15th a labour and social security administrative departments shall accept an application for work-related injury certification within 60 days from the date of work-related injury certification decisions.
    Found decided to include work-related injury or assimilated work injury cognizance of decisions and does not belong to injury or not, as with the determination of the injury decision.
    16th article injury finds decided should contains Ming following matters: (a) employing units full name; (ii) workers of name, and gender, and age, and career, and ID number; (three) injured parts, and accident time and diagnosis and treatment time or occupational name, and hurt after and verified situation, and medical treatment of basic situation and diagnosis conclusion; (four) finds for injury, and depending on with injury or finds for not belongs to injury, and not depending on with injury of according to; (five) finds conclusion; (six) refuses to finds decided application administrative reconsideration of sector and term;
    (VII) determination decisions.
    Work-related injury certification decision shall be sealed by the administrative departments of labor security work-related injury certification Special seal.
    17th labour and social security administrative departments shall work injury certification within 20 working days from the date of the decision, work-related injury certification decisions and hurt staff served on the work-related injury certification the applicant (or their immediate family members) and the employing unit, with a copy to the social insurance agency.
    Work-related injury certification service of legal instruments in accordance with the provisions of the code of civil procedure relating to service.
    18th the work injury certification after the administrative departments of labor security work-related injury certification of the relevant information should be kept for at least 20 years.
    19th employees or their immediate family members, 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.
    20th when carrying out industrial injury investigation, the employer and the staff refused to perform the obligation of assistance according to law, the administrative departments of labor security shall be ordered to correct.
    21st article this way come into force on January 1, 2004. PS: = number: application form for work-related injury certification applicant: injured workers: relationship between applicant and the injured workers: applicant's address: postal code: telephone number: date: Labor and
    Social security =tbl/> instructions 1. with pen signing pen, font neat and clear.
    2. the applicant for the employer or trade union organizations, and stamped at the name.
    3. workers shall fill in the occupational group, employees fill out job (or jobs) category.
    4. fill out the injured parts of the body part injured a bar.
    5. time bar, occupational diseases, by occupational disease diagnosis time filled in injury or death, by first time fill. 6. occupational diseases according to the occupational disease certificate or certificate of diagnosis of occupational disease to fill in, exposure to occupational hazards in time according to the actual contact time to complete.
    Do not fill not occupational diseases.
    7. injuries after brief should include time and location of the accident, was doing the work, causes of injury and body part injured and extent.
    Occupational diseases should be stated in units engaged in harmful work, starting and ending time, confirmed the results.
    The following should provide relevant evidence: (1) arising from the performance of duties by violence, submitted by the public security organ or the people's Court judgments or other valid identification.
    (2) injuries due to motor vehicle accidents incidents work injury certification and submit confirmation of responsibility for public security traffic management sector or other valid identification.
    (3) during the work out, due to work injury, submit a police certificate, or other proof unaccounted for an accident, found submitted to the people's Court declared dead in fatal conclusion.
    (4) during working hours and jobs, sudden illness or died within 48 hours of death, rescue and death certificates submitted to the medical institution.
    (5) belonging to the rescue operation and disaster relief maintenance activities harmed national interests, public interests, in accordance with the laws and regulations, submit a valid certificate.
    (6) is disabled by war, wounded, displaced, demobilized soldiers, the old injury, introduced the disabled revolutionary certificates and proof of medical institutions for diagnosis of recurrence of injury.
    Due to special circumstances, unable to provide relevant supporting documents, shall be stated in writing.
    8. comments should indicate whether injured workers or relatives agree to apply for work-related injuries found that above information is true.
    9. the comments of the employer, signed consent to apply for work-related injuries, filled by true, signature of the legal representative and stamped with the company seal.
10. labour and social security administrative departments to review information and receive comments supplement materials should be completed, whether it is accepting proposals. =
┌─────┬───────┬───┬───┬─────┬───────┐
│ 职工姓名 │              │ 性别 │      │出生年月日│              │
├─────┼───────┴───┴───┴─────┴───────┤
│身份证号码│                                                          │
├─────┼ ─────────────────────────────┤
│ 工作单位 │                                                          │
├─────┼─────────────────────────────┤
│ 联系电话 │                                                          │
├───           ──┼─────┬─────┬─────┬─────┬─────┤
│职业、工种│          │ 参加工作 │          │申请工伤或│          │
│或工作岗位│          │ 时    间 │          │ 视同工伤 │          │
├─────┼─────┼─────┼─────┼─────┼─────┤
│ 事故时间 │          │ 诊断时间 │ │ 伤害部位 │          │
│          │          │          │          │或疾病名称│          │
├─────┼─────┼─────┼─────┼─────┼─────┤
│接触职业病│          │接触职业病│          │职业病名称│          │
│ 危害时间 │          │ 危害岗位                                                          │          │          │          │
├─────┼─────┴─────┴─────┴─────┴─────┤
│ 家庭详细 │                                                          │
│ 地    址 │                                                                      │
├─────┴─────────────────────────────┤
│  受伤害经过简述(可附页):                                          │
│                                                                      │
│                                                                      │
│                                                                      │
│                                                                      │
│                                                                      │
│                                                                      │
│                                                                      │
│                                                                      │
│                                                                      │
│                                                                      │
│ │
│                                                                      │
└───────────────────────────────────┘
=tbl/>
=
┌─────────────────────                                                                      ──────────────┐
│  受伤害职工或亲属意见:                                              │
│                                                                      │
│                                                                      │
│                                                                      │
│                                                                      │
│                                                │
│                                                     签字             │
│                                                                      │
│                                                                      年    月    日        │
├───────────────────────────────────┤
│  用人单位意见:                                                      │
│                                                                      │


│                                                                      │
│                                                法定代表人签字        │                                                                      │                                                                      │
│                                                     印章             │
│                                                                      │
│                                                年    月    日        │
├───────────────────────────────────┤
│  劳动保障行政部门审查资料情况和受理意见:                            │
│                                                                      │
│                                                                      │
│                                                                      │
│                                                                      │
│                                                                      │
│                                                     印章             │
│                                                              │
│                                                年    月    日        │
├───────────────────────────────────┤
│  备注:                                                                      │
│                                                                      │
│                                                                      │

                                        │
│                                                                      │
└───────────────────────────────────┘
=tbl/>

Related Laws