What should we do if the employer fails to report the work-related injury, and wants to know what materials need to be provided to apply for work-related injury identification?
[Lawyer's Reply] If the employer does not report the work-related injury, the worker can apply for work-related injury identification on his own, and at the same time, the employer can be held accountable. Relevant materials such as labor relationship certificate and medical diagnosis certificate shall be prepared when applying. The details are as follows: Coping methods Self declaration of industrial injury: According to the Regulations on Industrial Injury Insurance, the employee or his close relatives can directly apply for recognition of industrial 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. Accountability of the employer: If the employer fails to declare the work-related injury within the specified time, which leads to the worker's inability to enjoy the work-related injury insurance benefits, the employer shall bear the expenses related to the work-related injury benefits that meet the requirements during this period. The laborer can ask the employing unit to bear corresponding responsibilities through consultation with the unit, complaint to the labor supervision department or application for labor arbitration. Application materials Application form for identification of work-related injury: it is required to fill in the basic personal information, employer information, declaration items and other information truthfully, and sign for confirmation. Identity proof materials: provide copies of the front and back of the applicant's identity card, which must be legible and within the validity period. Labor relationship certification materials: certification materials of labor relationship (including factual labor relationship) with the employer, such as copies of labor contracts, which shall be stamped with the official seal of the employer. Medical certification materials: including the original or copy of medical diagnosis certification materials issued by the medical institution, the original or copy of outpatient medical records for the first visit, the original or copy of the corresponding report form for the first film examination, etc. The copies shall be stamped with the official seal of the medical institution. In case of occupational disease, the original or copy of the occupational disease diagnosis certificate shall be submitted, and the copy shall be stamped with the official seal of the occupational disease diagnosis institution. Other relevant materials: corresponding materials shall be provided according to the specific industrial injury situation. For example, if you are injured by a traffic accident that is not your main responsibility on the way to and from work, you need to submit the road traffic accident identification certificate, residence certificate, reasonable travel route map, etc. issued by the traffic management department of the public security organ.
