How to apply for industrial accidents? Detailed explanation of industrial accident handling process
4hw.com.cn: accidents are inevitable when people go to work, especially for working people with high risk coefficient, so how to apply for industrial accidents after industrial injuries? Let's look at the industrial accident handling process.
1、 How to apply for industrial accidents
1. If you do not bear the main responsibility in a traffic accident and belong to an industrial injury, you should apply to the human resources and Social Security Bureau for industrial injury identification. After the condition is stable, apply for disability appraisal and enjoy industrial injury treatment according to the results. The following materials shall be submitted when applying for industrial injury identification:
(1) Application form for industrial injury identification;
(2) Evidence of labor relations (including factual labor relations) with the employer;
(3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis appraisal certificate).
2. The application form for identification of industrial injury shall include the time, place and cause of the accident, as well as the degree of injury of employees.
3. If the materials provided by the applicant for identification of work-related injury are incomplete, the administrative department of social insurance shall inform the applicant of identification of work-related injury in writing of all the materials that need to be supplemented and corrected at one time. After the applicant supplements and corrects the materials according to the written notice, the social insurance administrative department shall accept it.
2、 How to deal with industrial accident compensation disputes
1. After the occurrence of an industrial injury accident, the employer shall apply for the identification of industrial injury within one month. If the employer fails to apply for the identification of industrial injury within one month, the injured employees or their close relatives and trade union organizations may directly apply for the identification of industrial injury to the administrative department of social insurance in the overall planning area where the employer is located within one year from the date of the accident injury;
2. After the work-related injury identification report is issued and the injured employees are discharged from the hospital after treatment, they shall apply to the local labor ability appraisal committee for disability grade appraisal. Obtain the appraisal report;
3. The employer negotiates the industrial injury compensation with the injured workers. If no agreement on compensation can be reached, the injured workers can apply for industrial injury compensation to the labor and personnel dispute arbitration commission at the place where the accident occurs;
4. The evidence provided by both parties shall be subject to the award of the labor and personnel dispute arbitration committee;
5. If the employer does not enforce the industrial injury compensation in the award, the injured employee may apply to the people's court to enforce the industrial injury compensation for activities.
3、 What is the process of handling industrial accidents
In case of industrial injury, the employer shall first apply for industrial injury identification: in case of accident injury, the employer shall apply for industrial injury identification to the human resources and Social Security Bureau within 30 days. If the employer fails to apply, the injured employee shall apply within one year from the date of the accident. When applying, you need to provide: application form for identification of industrial injury, certificate of labor relationship, medical diagnosis certificate and other materials.
Secondly, you should apply for labor ability appraisal: after the injury is stable, you can apply to the municipal labor ability appraisal committee. When applying, it is necessary to provide: the determination of industrial injury and relevant materials of industrial injury medical treatment, etc.
The specific compensation standard can be determined after completing the identification procedures of industrial injury and labor ability. At this time, injured employees can negotiate with the employer on industrial injury compensation.
Legal basis: Regulations on industrial injury insurance
Article 17 If an employee has an accident injury or is diagnosed and identified as an occupational disease in accordance with the provisions of the law on the prevention and control of occupational diseases, his unit shall submit an application for identification of work injury to the social insurance administrative department of the overall planning area within 30 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the administrative department of social insurance.
If the employer fails to apply for the identification of work-related injury in accordance with the provisions of the preceding paragraph, the injured employees or their close relatives and trade union organizations may directly apply for the identification of work-related injury to the social insurance administrative department of the overall planning area where the employer is located within one year from the date of the accident injury or the date of being diagnosed and identified as an occupational disease.
Article 18 the following materials shall be submitted when applying for the identification of industrial injury:
1. Application form for industrial injury identification;
2. Evidence of labor relations (including factual labor relations) with the employer;
3. Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis appraisal certificate).
The application form for identification of industrial injury shall include the time, place and cause of the accident, as well as the degree of injury of employees.
If the materials provided by the applicant for identification of work-related injury are incomplete, the administrative department of social insurance shall inform the applicant of identification of work-related injury in writing of all the materials that need to be supplemented and corrected at one time. After the applicant supplements and corrects the materials according to the written notice, the social insurance administrative department shall accept it.
Article 21 If an employee has a work-related injury and has a disability and affects his ability to work after treatment and the injury is relatively stable, he shall be evaluated for his ability to work.
Article 23 for the appraisal of work ability, the employing unit, the injured workers or their close relatives shall submit an application to the labor ability appraisal committee at the municipal level divided into districts, and provide the decision on the identification of work-related injuries and the relevant materials on the medical treatment of work-related injuries.