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What are the regulations for identification of work-related injuries?

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What are the regulations for identification of work-related injuries?


        

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  • 2024-06-10 09:00:03

    To confirm the jurisdiction of industrial injury determination, you need to go to the labor administrative department where the employer is located, or the labor administrative department where the industrial injury insurance is paid. If there is a dispute over the treatment of work-related injury after the determination of work-related injury, you can file a lawsuit in the court where the labor contract is performed.

    List of contents of this article:

    1. What are the regulations governing the determination of work-related injuries? 2. What should I pay attention to when writing proxy words for industrial injury identification? 3. Remedies against the Determination of Work Injury

    What are the regulations governing the determination of work-related injuries?

    At present, most places are responsible for the jurisdiction of industrial injury determination by the labor administrative department of the business license of the enterprise legal person, the place of business registration or the place where the enterprise pays the industrial injury insurance premium. However, in some places, the labor administrative department in the place where the accident occurred is responsible.

    1. Disputes over the treatment of work-related injuries shall be under the jurisdiction of the court in the place where the employer is located or where the labor contract is performed. This is the embodiment of the principle of regional jurisdiction, and also the general provisions of the jurisdiction of industrial injury treatment dispute cases.

    2. Disputes over the treatment of work-related injuries shall be under the jurisdiction of the basic people's courts. This is the embodiment of the principle of hierarchical jurisdiction. That is to say, the first instance cases of industrial injury treatment disputes are accepted by the basic people's courts, and the intermediate people's courts conduct the final adjudication of industrial injury treatment disputes. In principle, the Intermediate People's Court, the Higher People's Court and the Supreme People's Court will not accept cases of industrial injury treatment disputes in the first instance.

    It should be noted that if the people's court finds that the accepted case of industrial injury treatment dispute is not under the jurisdiction of the court, it should send it to the court with jurisdiction. However, the transfer can only be carried out once. Even if the court accepting the transfer considers that it does not belong to its own jurisdiction, it can no longer transfer on its own, and can only request the common superior court to designate jurisdiction.

    What should I pay attention to when writing proxy words for industrial injury identification?

    1. The agency words must be clear.

    The agent needs to have a clear understanding of the case and a precise grasp of the dispute focus of both parties in the trial. In order to have a correct understanding of the case. The agent must clearly express his own meaning in the proxy words. Aim at the target and highlight the center. Reasoning should be forceful.

    2. Pronouns should be concise and accurate.

    Words are not many, but essence. If the expression is clear, emotional lyricism is unnecessary, and the judge's judgment is based on facts and laws rather than worldly wisdom, even worldly wisdom is not on paper. There is no need to make a detailed statement of the rules and principles of law. Instead of writing a legal opinion, it is written as a proxy, facing judges who are as proficient in law as themselves, rather than non legal personnel who need to popularize the law. Too much legal explanation will only arouse the disgust of judges.

    3. All opinions of proxy words must be based on facts and laws.

    If it is evidence, it must be cross examined in court. There should be no take for granted opinions. According to common sense, it is better not to write words like habits.

    Remedies against the Determination of Work Injury

    (1) Administrative reconsideration:

    (1) Applicant - ① Employer; ② Injured employees or direct relatives; ③ trade union.

    (2) Respondent - the labor department that makes the industrial injury determination.

    (3) Administrative reconsideration organ - ① the labor department at the next higher level than the labor department that made the determination of work-related injury; ② The people's government at the same level of the labor department that made the determination of industrial injury.

    (4) Time limit for application for reconsideration - ① Rejection: within 60 days after receiving the decision of rejection. ② Disobedience to the conclusion of work identification: within 60 days from the date of receiving the conclusion of work injury identification. ③ Failure to recognize work-related injury within the time limit: 60 days after the expiration.

    (5) Materials submitted in the application for reconsideration - ① Application for reconsideration. ② The decision letter made by the industrial injury identification institution not to accept the application for industrial injury identification or the industrial injury identification decision letter. ③ Relevant materials submitted when applying for industrial injury identification.

    (6) Acceptance of administrative reconsideration - within 5 days from the date of receipt of materials.

    (7) Trial and decision of administrative reconsideration - within 60 days from the date of acceptance.

    (2) Administrative litigation:

    1. Three cases of acceptance:

    ① Not satisfied with the rejection of the labor department or the conclusion of recognition of work-related injury.

    ② Not satisfied with the administrative reconsideration.

    ③ The reconsideration organ fails to make a reconsideration decision within the time limit.

    2. Duration of prosecution:

    Direct prosecution is within 3 months from the date of receiving the conclusion of rejection or work-related injury; After reconsideration, it shall be within 15 days from the date of receiving the reconsideration decision.

    Under any of the following circumstances, the relevant unit or individual may apply for administrative reconsideration according to law, or file an administrative lawsuit with the people's court according to law:

    (1) The employee or his close relatives who applied for the determination of work-related injury, or the unit to which the employee belongs, are not satisfied with the decision not to accept the application for the determination of work-related injury;

    (2) The employee or his close relatives who applied for identification of work-related injury, or the employer of the employee, are not satisfied with the conclusion of identification of work-related injury;

    (3) The employer is not satisfied with the unit payment rate determined by the agency;

    (4) The medical institution that has signed the service agreement or the institution that allocates auxiliary devices considers that the handling institution has not fulfilled the relevant agreements or provisions;

    (5) The injured workers or their close relatives have objections to the industrial injury insurance benefits approved by the agency.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

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