Earth and minerals people pay attention: how to distinguish whether it is a work injury?

After a work-related accident occurs, when applying for a work-related injury, you should pay attention to the four limits. First, see if you are bound by these restrictions, so as to better distinguish whether it is a work-related injury.

1, time limit

In general, it is limited to working hours. Under special circumstances (see Regulations 14 and 15 of the Regulations), although the time of occurrence is outside working hours, it is also a work-related injury.

Identify the situation of work injury. Article 14 of the Regulations on Industrial Injury Insurance lists the following seven situations that should be identified as work-related injuries:

(1) Being injured by accidents during work hours and in the workplace;

(2) In the workplace before and after working hours, the preparatory or finishing work related to the work is injured by the accident;

(3) Being subjected to accidental injury such as violence during work hours and in the workplace due to the performance of duties;

(4) suffering from occupational diseases;

(5) During the period of going out, the work is injured or the whereabouts of the accident is unknown;

(6) Being injured by a motor vehicle accident on the way to and from work;

(7) Other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.

It is regarded as the case of work injury. Article 15 of the Regulations on Industrial Injury Insurance lists three situations in which the following work-related injuries occur:

(1) In the working hours and at work, sudden death of the disease or death after being rescued within 48 hours;

(2) Being harmed in the maintenance of national interests and public interest activities such as disaster relief;

(3) The employees were originally serving in the military. They were disabled by the war and the public because of the injury. They have obtained the revolutionary disabled military certificate, and the old injury has relapsed after the employer.

2, space boundaries

In general, it is limited to the workplace.

However, Articles 14 and 15 also stipulate special circumstances, as described above.

3. Occupation or business boundaries

As long as the injury occurs due to the execution of duties or business, even if it occurs outside the working hours or workplace, it is a work injury.

On the contrary, although the injury occurs in working hours and in the workplace, it is not caused by the execution of duties or business, nor is it a work-related injury.

4. Subjective fault boundaries

Except for the accidental injury caused by the employee himself, it is not a work-related injury, even if the employee is at fault, it is a work-related injury.

When unfortunately a work-related accident occurs, you should apply for work-related injury insurance in a timely manner. At the same time, please provide the following information and follow the relevant procedures.

1. Accident report: After the accident, the employer shall report to the Medical Insurance Department of the Labor and Social Security Bureau within 24 hours and file with the Work Injury Insurance Management Service Bureau, and submit the Work Accident Record Form within 5 working days.

2. Work injury identification: After an employee is injured or suffering from an occupational disease, the employer shall submit an application for work injury identification to the Medical Insurance Office of the Labor and Social Security Bureau within 30 days.

3. Labor ability appraisal: If the injured worker has a disability and affects the ability to work after the injury is relatively stable, the employer shall submit an application for labor ability appraisal to the labor ability appraisal committee.

4. Application for work injury insurance benefits: After the employee's injury is identified as a work-related injury and the labor ability is assessed (after the work ability is not identified, the employer shall, within 15 days after receiving the work injury determination decision and the labor ability appraisal conclusion, Submit relevant information to the Industrial Injury Insurance Management Service to apply for industrial injury insurance benefits.

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