Measures for the determination of work-related injuries:

Article 1 These Measures are formulated in accordance with the relevant provisions of the Regulations on Work-related Injury Insurance for the purpose of standardizing the procedures for identifying work-related injuries, identifying work-related injuries according to law and safeguarding the legitimate rights and interests of the parties concerned.

Article 2 The administrative department of labor security shall carry out work-related injury identification in accordance with these Measures.

Article 3 Where 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 administrative department of labor and social security in the overall planning area for work-related injury identification. Under special circumstances, with the consent of the administrative department of labor and social security, the application time limit may be appropriately extended.

An application for ascertainment of a work-related injury in accordance with the provisions of the preceding paragraph shall be submitted to the provincial administrative department of labor and social security, and shall be submitted to the municipal administrative department of labor and social security where the employer is located in accordance with the principle of territoriality.

Article 4 If the employer fails to apply for work-related injury identification within the prescribed time limit, the injured employee or his immediate family members or trade unions may directly apply for work-related injury identification according to the provisions of Article 3 of these Measures within 1 year from the date of accident injury or the date of diagnosis and identification as an occupational disease.

Article 5 An application for ascertainment of a work-related injury shall fill in the Application Form for ascertainment of a work-related injury and submit the following materials:

(a) a copy of the text of the labor contract or other valid proof of the establishment of labor relations;

(2) Certificate of industrial injury diagnosis or occupational disease diagnosis issued by medical institutions (or occupational disease diagnosis certificate).

The style of the work-related injury identification application form shall be uniformly formulated by the Ministry of Labor and Social Security.

Article 6 If the materials provided by the applicant are incomplete, the administrative department of labor security shall inform the applicant in writing of all the materials that need to be corrected on the spot or within 15 working days.

Article 7 If the application materials for work-related injury identification submitted by the applicant are complete and fall within the jurisdiction of the administrative department of labor security, and within the time limit for acceptance, the administrative department of labor security shall accept it.

If the administrative department of labor security accepts or rejects the application, it shall inform the applicant in writing and explain the reasons.

Article 8 After accepting an application for ascertainment of a work-related injury, the administrative department of labor security may, when necessary, investigate and verify the evidence provided, and the relevant units and individuals shall provide assistance. Employers, medical institutions, relevant departments and trade unions shall be responsible for arranging relevant personnel to cooperate with the work, and truthfully provide information and proof materials.

Article 9 The administrative department of labor and social security shall not investigate and verify the occupational disease diagnosis certificate or occupational disease diagnosis and appraisal certificate provided by the applicant in accordance with the relevant provisions of the state. If the occupational disease diagnosis certificate or occupational disease diagnosis certificate does not meet the format and requirements stipulated by the state, the administrative department of labor security may request the department that issued the certificate to provide it again.

Article 10 After accepting the application for ascertainment of work-related injuries, the administrative department of labor and social security may entrust the administrative department of labor and social security in other co-ordination areas or relevant departments to conduct investigation and verification according to the needs of work.

Article 11 The staff of the administrative department of labor and social security shall be investigated and verified by two or more personnel, and show their official certificates.

Article 12 When conducting investigation and verification, the staff of the administrative department of labor security may exercise the following functions and powers:

(a) according to the needs of the work, enter the relevant units and the scene of the accident;

(two) to consult the information related to the identification of work-related injuries according to law and ask the relevant personnel;

(three) recording, audio recording, video recording, and copying the information related to the identification of work-related injuries.

Thirteenth staff of the administrative department of labor security shall perform the following obligations when conducting investigation and verification:

(a) keep the business secrets and personal privacy of the relevant units;

(2) Keep the information provided to the relevant personnel confidential.

Article 14 If an employee or his immediate family members think that 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. If the employing unit refuses to provide evidence, the administrative department of labor security may make a conclusion of work-related injury identification based on the evidence provided by the injured employee.

Fifteenth administrative departments of labor and social security shall make a decision on work-related injury identification within 60 days from the date of accepting the application for work-related injury identification. Determination decisions include work-related injury determination or deemed work-related injury determination and non-work-related injury determination or deemed work-related injury determination.

Sixteenth work-related injuries shall specify the following items:

(a) the full name of the employer.

(2) The name, sex, age, occupation and ID number of the laborer;

(3) the location of the injury, the time of the accident, the time of diagnosis and treatment or the name of the occupational disease, the injury process and identification, the basic medical situation and the diagnosis conclusion;

(4) The basis for being identified as a work-related injury, regarded as a work-related injury or not belonging to a work-related injury or not regarded as a work-related injury;

(5) conclusion;

(6) The department and time limit for applying for administrative reconsideration if it refuses to accept the decision;

(seven) the time to make a decision.

The decision on work-related injury identification shall be stamped with the special seal for work-related injury identification of the administrative department of labor security.

Article 17 The administrative department of labor and social security shall, within 20 working days from the date of making the work-related injury determination decision, serve the work-related injury determination decision on the applicant, the work-related injury worker (or his immediate family members) and the employer, and send a copy to the social insurance agency.

The service of legal documents for the determination of work-related injuries shall be carried out in accordance with the relevant provisions of the Civil Procedure Law.

Eighteenth after the identification of work-related injuries, the administrative department of labor security shall keep the relevant information of work-related injuries for at least 20 years.

Nineteenth employees or their immediate family members, the employer refuses to accept the decision on work-related injuries or refuses to accept the decision on work-related injuries, they may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Twentieth after the investigation and verification of work-related injuries, if the employer and personnel refuse to perform the obligation of assistance according to law, the administrative department of labor security shall order them to make corrections.

Twenty-first these Measures shall come into force as of June 65, 2004 +0.

Extended data:

The enjoyment of work-related injury treatment depends on reasonable and scientific work-related injury appraisal. Based on the application of the parties, the whole work-related injury identification procedure was officially announced. The organization form of labor appraisal institutions is generally "labor appraisal committee", which is called "labor appraisal group" in some small and medium-sized enterprises.

The labor appraisal committee at or above the county level is generally composed of the competent leaders of labor, health, personnel and other administrative departments and trade unions. A few comrades from local price departments, civil affairs departments and directors of large hospitals also attended. The directors of labor appraisal committees are mostly the competent leaders of labor administrative departments or the heads of municipal and county governments.

The responsibilities of the labor appraisal committees at the provincial, municipal and county levels are different:

1, county (county-level city) labor appraisal committee responsibilities:

(1) Implement the policies, regulations and rules of the higher authorities on labor appraisal;

(two) to formulate the work system of labor appraisal at the corresponding level;

(three) to provide professional guidance to the labor appraisal work of the units directly under the county;

(4) According to relevant regulations, conduct labor appraisal for employees of county-owned units that need labor appraisal.

2, the enterprise labor appraisal committee (Group) responsibilities:

(1) Carry out the policies, regulations and rules of the higher authorities on labor appraisal;

(2) Collect, sort out and save information about employee casualty accidents and occupational diseases, and establish and improve employee health files and work-related injury files;

(3) Prepare the required materials for reporting, and do a good job in reporting labor appraisal cases;

(4) Assist enterprises to manage the injured, sick and disabled employees.

3, the province (autonomous regions and municipalities directly under the central government) level labor appraisal committee responsibilities:

(1) Implement the national policies, regulations and rules on labor appraisal;

(two) to formulate the rules and regulations of labor appraisal in this area;

(3) to provide professional guidance to the work of labor appraisal institutions at all levels in the province;

(4) handling difficult and controversial labor appraisal cases reported by all provinces and municipalities.

4, the prefecture (city) level labor appraisal committee responsibilities:

(1) Implement the policies, regulations and rules of the higher authorities on labor appraisal;

(two) to formulate the work system of labor appraisal at the corresponding level;

(three) to provide business guidance for the work of labor appraisal at lower levels;

(4) If the retirement expenses of the prefecture (city) are co-ordinated, the employees who are completely disabled due to work shall be identified and approved;

(five) handling difficult and controversial labor appraisal cases reported by the county (county-level city) or the enterprise labor appraisal committee.

References:

Baidu Encyclopedia-Work Injury Identification

Qingpu District Human Resources and Social Security Bureau-National Labor Security Regulations