Employment injury insurance 101(2)

June. 18,2020
Employment injury insurance 101(2)

effect

 

1. As an integral part of Employment injury insurance system, insurance against accidents at work is implemented by the State through legislation, is the State's social responsibility towards employees and constitutes also the fundamental right which employees should enjoy. The establishment of insurance against accidents at work is a sign and an achievement of human civilization and social development.

 

2. The establishment of insurance against accidents at work guarantees the medical treatment of workers and their basic, subsistence, invalidity and survivors benefits and, to a certain extent, alleviates the concerns of employees and their families. Workers' compensation reflects respect for the state and society for employees and is conducive to improving their enthusiasm at work.

 

3. The establishment of insurance against accidents at work is conducive to the promotion of safe production, the protection and development of social productivity. Work accident insurance is closely linked to the work of the work unit to improve working conditions, prevent illness and injury, safety education, medical rehabilitation and social services. Improving the safety of production and business units and employees is essential, preventing or reducing work-related injuries and illnesses, and protecting the health of employees.

 

4. Workers' compensation insurance protects the legitimate rights and interests of injured workers, helps to properly manage accidents and resume production, maintain normal production and lifestyle, and maintain social stability.

 

Scope

 

Range of industrial accidents

 

Accidents at work refer to employees who have suffered accidental injuries or occupational diseases during work for professional reasons.

 

(1) During working hours and at the workplace, people injured by accident for professional reasons;

 

(2) In the workplace before and after working hours, those performing preliminary or final work related work are injured by accidents;

 

(3) During working hours and at the workplace, due to violence or other accidental injuries due to the exercise of functions;

 

(4) People suffering from occupational diseases;

 

(5) When he was absent from work, he was injured for professional reasons or it is unknown where he is;

 

(6) While traveling, being injured by a traffic accident which is not my main responsibility, or by urban rail transport, a passenger ferry or a train accident;

 

(7) Other circumstances which should be recognized as industrial accidents as required by laws and administrative regulations.

 

At the same time, in accordance with the provisions of article 15 of these regulations, employees who present any of the following circumstances are considered to be industrial accidents:

 

(1) Within hours of work and at work stations, sudden illness or death within 48 hours of failed rescue;

 

(2) Being injured in activities such as emergency rescue and disaster relief to protect national and public interests;

 

(3) Employees who originally served in the military, were disabled due to war or injuries, and obtained an invalid revolutionary military certificate, and old injuries re-emerged after arriving at the employer.

 

Occupational disease

 

According to the provisions of the law on the prevention of occupational diseases, occupational diseases refer to diseases caused by the exposure of dust, radioactive materials and other toxic and harmful substances to workers in enterprises, institutions and economic organizations individuals during their professional activities. According to this provision of the law on the prevention of occupational diseases, combined with the relevant provisions on the scope of the Regulation on insurance against accidents at work, the occupational diseases prescribed in the Regulation mainly refer to the work activities of all employers covered by the Regulation in professional activities.

 

Work accident situation

 

In any of the following circumstances, it should not be considered an industrial accident or deemed to be an industrial accident:

 

(1) Intentional crime;

 

(2) being drunk or taking drugs;

 

(3) Self-harm or suicide.

 

Request for certification

 

If an employee suffers from an accidental injury or is diagnosed and identified as an occupational disease in accordance with the provisions of the law on the prevention of occupational diseases, the work unit must, within 30 days from the date of the accidental injury or from the date of diagnosis and identification as an occupational disease, submit a request for certification of occupational accidents to the social insurance administrative service of the global zone. . In the event of special circumstances, the request period may be extended in an appropriate manner with the agreement of the social security administrative service.

 

If the employer does not submit a request for certification in terms of employment injuries in accordance with the provisions of the preceding paragraph, the employee or his close relatives or the union organization may, within one year from the date of the accidental injury or the date of diagnosis and identification of an occupational disease, report directly to the employer the area where the employer is located. The insurance administrative department has applied for certification of industrial accidents.

 

Work accident certification

 

state

 

If an employee has any of the following circumstances, it will be considered a work accident or a work accident:

 

1. In working hours and workplaces, people injured by accidents for professional reasons;

 

2. In the workplace before and after working hours, carried out preparatory or finishing work related to the work and was injured by the accident;

 

3. During working hours and workplaces, those injured by accidents such as violence due to the exercise of their functions

 

4. Those who suffer from occupational diseases;

 

5. During the period of leaving work, due to an accident at work or an accident where the place is not known;

 

6. During my travels, being injured by a traffic accident that is not my main responsibility or by urban rail transport, passenger ferry or train accident;

 

7. In working hours and work stations, sudden death from illness or death from rescue within 48 hours;

 

8. Being injured in activities such as emergency rescue and disaster relief to protect national and public interests;

 

9. Staff and workers initially served in the military and were disabled due to war or injuries. They obtained the revolutionary military certificate of invalidity and the old wounds reappeared after their arrival at the employer.

 

Workers who have a disability or have a disability that affects their ability to work after the treatment injury is relatively stable after the occurrence of the workplace injury, must perform a rank assessment of the degree of work dysfunction and the degree obstacles to personal care in accordance with the law, as well as the assessment of work capacity. Among them, work dysfunction is divided into ten levels of disability, the heaviest is the first level and the lightest is the tenth. There are three levels of barriers to personal care in life: life cannot take care of itself, most of life cannot take care of itself, and part of life can't take care of herself. Workers with work-related injuries should receive different levels of treatment for work-related injuries, in accordance with the disability assessment issued by the work capacity assessment service.

 

Delivery material

 

The following documents must be submitted when requesting determination of industrial damage:

 

(1) Form for requesting determination of employment injuries;

 

(2) Evidence of working relationships (including de facto working relationships) with the employer;

 

(3) Certificate of medical diagnosis or certificate of diagnosis of occupational disease (or certificate of diagnosis of occupational disease).

 

The Work Injury Determination Request form must include basic circumstances such as time, location, cause and degree of employee injury. If the documents supplied by the applicant for the determination of industrial accidents are incomplete, the social insurance administrative service must inform the applicant of the determination of industrial accidents in writing at once all the documents which must be corrected. After the claimant has made corrections in accordance with the written notice, the social insurance administrative service accepts it.