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Whether to pay or sign the industrial injury compensation first

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Whether to pay or sign the industrial injury compensation first


        

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  • 2024-06-17 20:01:43

    As long as the laborer and the employer agree through consultation, it is the same whether to pay or sign first.
    In case of work-related injury, the employee shall first apply to the local labor department for work-related injury identification, and the individual employee must apply within one year from the date of injury. If the injury is relatively stable after treatment, the injured employee or his employer shall timely apply to the labor capacity appraisal committee of the city divided into districts to identify the level of work-related injury, Then the amount of disability compensation shall be calculated according to the level of disability. Both parties can negotiate compensation and work-related injury treatment, reach an agreement, and sign an agreement on work-related injury compensation.
    [Legal Basis]
    Article 17 of the Regulations on Work Injury Insurance: If an employee suffers from an accident injury or is diagnosed and identified as an occupational disease according to the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which the employee belongs shall, within 30 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease, apply to the social insurance administrative department of the overall planning area for the identification of work injury. In case of special circumstances, the application time limit may be appropriately extended with the approval of the social insurance administrative department.

    Legal basis

    Article 17 of the Regulations on Work Injury Insurance: If an employee suffers from an accident injury or is diagnosed and identified as an occupational disease according to the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which the employee belongs shall, within 30 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease, apply to the social insurance administrative department of the overall planning area for the identification of work injury. In case of special circumstances, the application time limit may be appropriately extended with the approval of the social insurance administrative department.
    If the employer fails to apply for the determination of work-related injury according to the provisions of the preceding paragraph, the injured worker or his close relatives or the trade union organization may directly apply for the determination 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 diagnosis and identification as an occupational disease.
    In accordance with the provisions of the first paragraph of this article, the matters that should be identified by the provincial social insurance administrative department as work-related injuries shall be handled by the social insurance administrative department of the city divided into districts where the employer is located according to the principle of territoriality.
    If the employer fails to submit an 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 related to work-related injury treatment that meet the provisions of these Regulations during this period.

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