What Is an Occupational Injury?

Work injuries are also known as "public injuries" and "work-related injuries." Employees were injured during production or work. According to national regulations, performing daily work and temporarily assigned or agreed to in the administration of the enterprise, performing work that is not beneficial to the enterprise in an emergency but not beneficial to the enterprise, and injured in the work of invention or technological improvement are all injuries. The "Regulations on Labor Insurance of the People's Republic of China" promulgated by the State Council on January 2, 1953 stipulates that all medical and medical expenses, medical expenses, hospitalization expenses, hospitalization meal expenses, and medical treatment travel expenses for workers and staff members are injured by work. Pay; pay according to salary during medical treatment; when it is determined to be disabled, depending on the degree of disability, labor insurance premiums or disability subsidies are paid monthly. ^[1]

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Right!

Work injuries are also known as "public injuries" and "work-related injuries." Employees were injured during production or work. According to national regulations, performing daily work and temporarily assigned or agreed to in the administration of the enterprise, performing work that is not beneficial to the enterprise in an emergency but not beneficial to the enterprise, and injured in the work of invention or technological improvement are all injuries. On January 2, 1953,

Work injury is short for work injury, also known as

Trial Measures for Enterprise Employees' Work Injury Insurance

The "Trial Measures for the Occupational Injury Insurance of Enterprise Employees" issued by the former Ministry of Labor of China in 1996 made clear the scope of work-related injuries. Employees who are injured, disabled or killed due to one of the following circumstances shall be deemed to be injured at work, and the scope is as follows:

1. In the daily production and work of the unit or temporarily assigned by the person in charge of the unit, in an emergency, although not designated by the person in charge of the unit, but engaged in directly related to the major interests of the unit.

2. Engaged in the relevant scientific experiments, inventions, and technological improvements of the unit with the arrangement or consent of the person in charge of the unit.

3. Occupational harmful factors that cause occupational diseases in the production work environment.

4. In the production working hours and areas, accidental injuries caused by unsafe factors, or death caused by sudden illness due to work stress or the total loss of labor after the first rescue treatment.

5. Personal injury caused by performance of duties.

6. Engage in rescue,

1. Classification by injury level: Generally divided into minor injuries and severe injuries. Can also be divided into

Minor injuries;

moderate injury;

(3) Serious injuries without danger to life;

Serious injury with life threatening;

Critical, survival and unknown.

2. Classified by injury factors:

Mechanical injuries: such as cutting injuries and stab wounds caused by sharp instruments, contusions caused by blunt instruments, crush injuries caused by building collapse, fractures caused by falling from heights;

Physical injuries: such as burns,

Work injury,

Work-related Injury Insurance is an important part of the social insurance system. It refers to the state and society for workers who have suffered accidental injuries, occupational diseases, and death and labor caused by these two conditions A social security system that provides workers and their relatives with the necessary medical assistance, life security, economic compensation, medical rehabilitation, social rehabilitation, and vocational rehabilitation when they are temporarily or permanently incapacitated.

Employees who have a disability after treatment of their injuries after work-related injuries are relatively stable and have an impact on their ability to work shall be graded in accordance with the law on the degree of labor dysfunction and the degree of self-care impairment and the ability to work. Among them, labor dysfunction is divided into ten levels of disability, the most serious being the first level, and the lightest being the tenth level. There are three levels of obstacles to self-care in life: life can't take care of itself at all, most of life can't take care of itself, and life can't take care of itself. Workers injured at work shall enjoy different levels of work injury treatment in accordance with the disability appraisal issued by the labor capacity appraisal department.

According to the "

Work injury compensation must be subject to work injury identification,

1. In accordance with the regulations of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, industrial injury insurance premiums are levied;

2. Check

1.

The "Draft for Soliciting Opinions" proposes that retirees who had been exposed to occupational disease hazards before retirement and who did not engage in occupational disease hazards after completing the retirement procedures can apply for work injury identification within one year from the date of diagnosis and identification of occupational diseases. The insurance administrative department shall accept it. Those who meet the conditions for receiving a one-time disability subsidy after being certified for work-related injuries and labor capacity appraisal shall be subject to the principle of "as high", with the average monthly salary of 12 months before retirement or the average monthly pension of 12 months before the diagnosis of occupational disease as Base calculation and treatment.

According to Article 16 of the "Injury Insurance Regulations", if an employee is injured during a commute or at work due to a traffic accident, he shall not be deemed to be an industrial injury in any of the following circumstances: intentional crime, drunkenness or drug abuse, self-harm Or suicide.

In the event of a work-related injury, workers should learn to protect their legitimate rights and interests with legal weapons. Some suggestions for lawyers:

First determine whether it belongs to the scope of work injury

After a work injury occurs, the worker should first determine whether it belongs to the scope of work injury.

Collect evidence

Seek evidence to prove the existence of labor relations. The labor relationship certification is a prerequisite for applying for work injury identification. Without the materials to prove the labor relationship, the labor security administrative department cannot perform work injury identification. The evidence that can prove the labor relationship mainly includes labor contracts, work permits, employment permits, and pay slips.

Specify the name and address of the unit that suffered the work injury

In the case of not participating in the work-related injury insurance, the employer is the bearer of the work-related injury insurance benefits; in the case of participating in the work-related injury insurance, in general, the unit should also bear part of the work-related injury insurance benefits. If you do not know the exact name and address of the employer, you cannot determine the object of recourse. In this case, once the work injury occurs, the worker cannot claim.

Clarify whether the unit has applied for work injury identification

Work injury identification is a very important part of dealing with work injuries. The identification of a work injury is first of all an obligation of the employer. If the employer does not apply for a work injury identification within the prescribed time limit, workers and their close relatives may apply within one year after the occurrence of the work injury.

It should be noted that there is a certain time limit for applying for an industrial injury determination. After the time limit has expired, the labor security administrative department will not accept it, and the recourse to industrial injury insurance benefits will not be supported by arbitration or courts. Therefore, for the workers, don't underestimate the false promise of the creditor unit, so as not to miss the deadline for applying for work injury certification.

Calculate the amount of work injury compensation based on the level of disability

Negotiated settlements often occur in the case of not participating in work-related injury insurance. Due to the application for work-related injury determination, it may affect the unit's future work-related injury insurance payment rate or be punished by relevant departments. Unwilling to apply for work injury identification and labor capacity appraisal, but choose to negotiate the amount of compensation. Workers or relatives at work will also adopt a welcoming attitude in order to complete the work injury compensation as soon as possible. However, workers need to pay attention to the fact that if the negotiation does not meet the standard of compensation for work injury, the worker may ask the employer to make up for it; if the employer does not agree to make up, it is recommended that the worker adopt labor arbitration to protect his legitimate rights and interests. If the workers choose to solve the problem through consultation, they should consult more medical experts and lawyers. Where possible, it is better to have a lawyer come to negotiate work injury compensation and sign a compensation agreement.