Can we get any compensation after the termination of the labor contract after industrial injury, and what is the time limit?
The procedures for applying for work-related injury are as follows: 1. The time limit for applying for work-related injury identification and the employee who applies for work-related injury can directly apply for work-related injury identification to the local labor and social security department where the employer is located.
According to Article 17 of the Regulations on Industrial Injury Insurance, if an employee suffers from 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/her unit shall, within 30 days from the date of the accident injury or the date of being diagnosed and identified as an occupational disease, submit an application for recognition of industrial injury to the labor security administrative department of the overall planning area.
If the employer fails to apply for the determination of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his or her immediate family members or trade union organization may directly apply for the determination of work-related injury to the labor security 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.
If the employer fails to submit the application for determination of work-related injury within the time limit specified in the first paragraph of this article, the employer shall bear the expenses for work-related injury treatment that meet the requirements during this period.
The amount of work-related injury compensation applied for by the laborer shall be determined after the disability appraisal. II. When applying for work-related injury identification, the laborer shall fill in the Registration Form for Work Injury Identification, the Application Form for Work Injury Identification, and the List of Evidence for Work Injury Declaration.
And submit the following materials: 1. Copy of the Labor Contract, or effective proof of establishing the factual labor relationship, 2. Copy of the injured employee's Employee Resident ID Card; 3. Medical record or occupational disease diagnosis certificate (or occupational disease diagnosis appraisal certificate) issued by the medical institution after the injury; 4. Two or more circumstantial evidences (witness testimony) 5. Relevant supporting materials shall also be provided in the following cases: (1) If traffic accidents or other accidental injuries are caused due to work reasons during work outing, such as "work assignment form", "travel notice", or other "original proof" materials that can prove work outing shall be submitted; (2) . For those injured by motor vehicle accidents on and off duty, the schedule of work and rest on and off duty, and the normal road map from the unit to the employee's residence shall be submitted; Confirmation of Traffic Accident Liability and Mediation of Traffic Accident Damage Compensation issued by the public security and traffic management department; An individual driving a motor vehicle shall provide a motor vehicle driving license in case of a traffic accident; (3) In case of hit and run in traffic accidents, relevant certificates from the public security and traffic management department shall be submitted; (4) . If the employee is a borrower or labor exporter, the agreement of both parties shall be submitted; Accident investigation report of borrowing or labor input unit; And the unit where the labor relations are located shall declare and submit the text of the labor contract or other valid certificates for establishing labor relations; List of labor exporting employees (to be sealed and confirmed by both parties); (5) If a direct family member applies for recognition of work-related injury on behalf of the injured employee, he or she shall also submit a valid certificate of entrustment and a certificate of direct family relationship; (6) If the trade union organization of the unit applies for the identification of work-related injuries on behalf of the injured and killed workers, the letter of introduction from the trade union of the unit and the identity certificate of the handler shall also be submitted; 6. After receiving the materials provided by the complainant, the district handling department for industrial injury declaration shall carefully review them. If the materials are complete and meet the declaration conditions, it shall issue a Notice of Acceptance and submit it to the Municipal Labor and Social Security Bureau for review and confirmation; For those who do not meet the scope of industrial injury acceptance, the Notice of Rejection shall be issued, and the reasons for the rejection and the corresponding relief ways shall be informed.
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