What materials does the company need to apply for labor bureau if it does not cooperate with industrial injury appraisal and disability appraisal?

To apply for the labor bureau, you need an application form for work-related injury identification, proof of labor relationship with the employer (including factual labor relationship), medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate).

According to the industrial injury insurance regulations

Article 17

If an employee is injured by an accident 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, the unit to which he 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 in the overall planning area for work-related injury identification.

Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended.

If the employing unit fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the employees with work-related injuries or their close relatives and trade unions may directly apply for work-related injury identification to the social insurance administrative department where the employing unit is located within 1 year from the date of the accident injury or the date of being diagnosed as an occupational disease. ?

In accordance with the provisions of the first paragraph of this article, matters that should be identified by the provincial social insurance administrative department shall be handled by the municipal social insurance administrative department located in the district where the employer is located in accordance with the principle of territoriality.

If the employer fails to file an application for work-related injury identification within the time limit specified in the first paragraph of this article, the employer shall bear the relevant expenses such as work-related injury treatment in accordance with the provisions of these regulations during this period.

Eighteenth applications for work-related injury identification shall submit the following materials:

(a) the application form for work-related injury identification;

(two) the existence of labor relations with the employer (including factual labor relations);

(3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate).

The application form for ascertainment of a work-related injury shall include basic information such as the time, place and cause of the accident and the degree of injury of the employees.

If the materials provided by the applicant for work-related injury identification are incomplete, the social insurance administrative department shall inform the applicant in writing of all the materials that need to be supplemented at one time. The administrative department of social insurance shall accept the corrected materials after the applicant has been informed in writing.

Article 19

After accepting the application for work-related injury identification, the social insurance administrative department may investigate and verify the accident injury according to the needs of examination, and the employer, employees, trade unions, medical institutions and relevant departments shall provide assistance. The diagnosis of occupational diseases and the identification of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Control of Occupational Diseases.

The social insurance administrative department will no longer investigate and verify the personnel who have obtained the occupational disease diagnosis certificate or occupational disease diagnosis and appraisal certificate according to law.

If the employee or his close relatives think it is a work-related injury and the employer does not think it is a work-related injury, the employer shall bear the burden of proof.

Article 20

The administrative department of social insurance shall, within 60 days from the date of accepting the application for ascertainment of work-related injuries, make a decision on ascertainment of work-related injuries, and notify the employees who apply for ascertainment of work-related injuries or their close relatives and the units where the employees work.

The administrative department of social insurance shall, within 15 days, make a work-related injury determination decision on the application with clear facts and clear rights and obligations. ?

If it is necessary to make a work-related injury determination decision according to the conclusion of the judicial organ or the relevant administrative department, the time limit for making a work-related injury determination decision shall be suspended during the period when the judicial organ or the relevant administrative department has not yet made a conclusion.

If the staff of the social insurance administrative department has an interest in the applicant for work-related injury identification, they should withdraw.

Extended data

Work injury appraisal procedure

Workers with work-related injuries who are cured during medical treatment for work-related injuries or whose injuries are in a relatively stable state, or who are still unable to work after the expiration of medical treatment, shall be appraised for their ability to work, their disability levels shall be assessed, and their disability status shall be reviewed regularly. Labor appraisal procedures are as follows:

1. The unit where the injured worker works fills in the application form for labor appraisal and applies for labor appraisal. Under special circumstances, employees can apply directly;

2. Provide the original medical records of diseases, injuries and disabilities in previous hospitalizations. In case of work-related injuries, it is required to provide work-related accident investigation reports and related materials; If it is an occupational disease, it is necessary to hold the diagnostic data provided by the occupational disease prevention institute (hospital) authorized by the health department; If you are mentally ill, you need to hold the diagnostic data of a mental hospital; Other circumstances, need to hold a convincing proof, reported to the labor appraisal committee;

3, the labor appraisal committee should carefully examine and approve the application and the attachment materials, and will not accept the incomplete information or the unknown situation;

4, to meet the conditions, unified arrangements for identification, and will identify the time, place, personnel in advance to inform the enterprise and related personnel;

5. The labor appraisal committee shall entrust a qualified medical and health institution or employ a qualified doctor to form an expert group to make a medical diagnosis of the persons who have lost their ability to work;

6, the expert group of disabled and sick workers, write a qualitative and quantitative diagnosis, by the labor appraisal committee to determine the level of disability, and awarded a certificate. The labor appraisal committee shall promptly notify the appraised enterprises and employees of the appraisal results;

7. If an employee refuses to accept the appraisal conclusion made by the labor appraisal committee, he may apply to the office of the local labor appraisal committee for review; If you are dissatisfied with the conclusion of the review, you may apply to the labor appraisal committee at the next higher level for re-appraisal. The final conclusion of the review appraisal is made by the provincial labor appraisal institution.

Workers with work-related injuries and their families who have disputes with the employing unit due to the declaration of work-related injuries shall be handled in accordance with the relevant provisions of labor disputes; Disputes with the labor administrative department or the industrial injury insurance agency shall be handled in accordance with the relevant laws and regulations of administrative reconsideration and administrative litigation.