What procedures should I go through at the Labor Bureau?

1. What information do I need to go to the Labor Bureau?

(1) salary card, salary passbook, salary slip or record confirmed by company seal, and employee roster sealed by company;

(two) the record of the employer paying social insurance premiums for the workers;

(3) Work Permit and Service Certificate issued by the employer to the laborer to prove his identity;

(4) Employment records such as Registration Form and Registration Form filled out by employees;

(five) the attendance record stamped by the employer;

(6) Testimonies of other workers, etc.

Second, the work-related injury identification application process

1. Applicant for work-related injury identification

(1) The employer applies for work-related injury identification: If the worker is injured by an accident or is diagnosed and identified as an occupational disease according to the provisions of the Occupational Disease Prevention Law, the employer shall apply for work-related injury identification according to law, which is its legal obligation.

(2) The injured employee or his immediate family member or trade union organization applies for work-related injury identification: If the employer fails to apply for work-related injury identification within the prescribed time limit, the injured employee or his immediate family member or trade union organization may directly apply for work-related injury identification according to law. Accordingly, this kind of application must meet a prerequisite, that is, the employer has not filed an application for work-related injury identification within the prescribed time limit. Non-employees who have accident injuries or are diagnosed and identified as occupational diseases according to the provisions of the Law on the Prevention and Control of Occupational Diseases may directly apply for work-related injury identification by the injured employees or their immediate family members or trade unions. It is a civil right, not an obligation, for injured employees or their immediate family members to directly apply for work-related injury identification on this occasion. At the same time, the law authorizes trade unions to apply for work-related injury identification and safeguard the legitimate rights and interests of workers with work-related injuries.

2. Work-related injury cognizance jurisdiction

(1) administrative department of social insurance. Specifically, an application for ascertainment of work-related injuries should be submitted to the social insurance administrative department in the overall planning area.

(two) in accordance with the provisions of the provincial social insurance administrative departments to apply for work-related injury identification, in accordance with the principle of territoriality to the employer's location to the municipal social insurance administrative departments.

3. Determine the application time limit

(1) Time limit for the employer to apply for work-related injury identification: 30 days, counting from the date of accident injury or the date of diagnosis and identification as occupational disease. Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended. As for what is a "special case" and what is an "appropriate extension", it shall be determined and decided by the administrative department of social insurance as appropriate. During the above period, if the employer fails to apply for work-related injury identification, the injured employees or their immediate family members and trade unions may directly apply for work-related injury identification.

(2) Time limit for employees with work-related injuries or their immediate family members or trade unions to apply for work-related injury identification: 1 year, counting from the date of accident injury or the date of diagnosis and identification as occupational disease. The period is a predetermined period.

4. Submit work-related injury identification materials

(1) Fill in the application form for work-related injury identification formulated by Ministry of Human Resources and Social Security Department.

(2) A copy of the text of the labor contract or other valid certificates for establishing labor relations.

(3) Certificate of industrial injury diagnosis or occupational disease diagnosis issued by medical institutions (or occupational disease diagnosis certificate).

If the materials provided by the applicant are incomplete, the social insurance administrative department shall inform the applicant in writing of all the materials that need to be corrected on the spot or within 15 working days.

Step 5 accept or reject it

(1) Acceptance conditions:

1 The application materials are complete.

2 under the jurisdiction of the administrative department of social insurance.

3 the acceptance period has not passed.

The applicant meets the requirements.

The above four conditions must be met at the same time, otherwise the application will not be accepted.

The administrative department of social insurance shall inform the applicant in writing and explain the reasons.

(2) Rejection: inform the applicant in writing and explain the reasons.

6. Investigate and verify evidence

(1) The administrative department of social insurance may investigate and verify the evidence provided as needed.

(two) the investigation and verification by the administrative department of social insurance shall be jointly conducted by two or more people, and show their official certificates.

(three) in the process of investigation and verification, exercise their functions and powers in accordance with the law, and fulfill the statutory obligation of confidentiality.

(4) according to the needs of the work, entrust other social insurance administrative departments or relevant departments to investigate and verify.

(5) Burden of proof:

1 In principle, whoever claims will give evidence. Otherwise, bear the adverse consequences that cannot be proved.

If the employee or his immediate family members 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. If the employer refuses to provide evidence, the social insurance administrative department may make a conclusion on the determination of work-related injuries based on the evidence provided by the injured employee.

7. Work-related injury determination decision

(1) Determination decisions include work-related injury determination or deemed work-related injury determination and work-related injury determination or deemed work-related injury determination.

(two) the administrative department of social insurance shall make a decision on work-related injury identification within 60 days from the date of accepting the application for work-related injury identification. However, if the facts are clear and the relationship between rights and obligations is clear, a decision should be made within 15 days.

(3) The decision on ascertainment of a work-related injury shall specify the matters that should be remembered according to law.

(4) The decision on work-related injury identification shall be stamped with the special seal for work-related injury identification of the social insurance administrative department.

8. Delivery and CC

(1) The social insurance administrative department shall, within 20 working days from the date of making the work-related injury determination decision, deliver the work-related injury determination decision to the applicant, the work-related injury worker (or his immediate family members) and the employer, and send a copy to the social insurance agency.

(2) The service of legal documents for ascertainment of work-related injuries shall be carried out in accordance with the relevant provisions of the Civil Procedure Law.

9. Reconsideration or litigation

If an employee or his immediate family member or the employing unit refuses to accept the decision on ascertainment of a work-related injury, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

10. Data archiving

After the identification of work-related injuries, the social insurance administrative department shall keep the relevant information of work-related injuries for at least 50 years.

Third, the scope of work-related injuries

1. Engaged in the daily production and work of the unit or the work temporarily designated by the person in charge of the unit. In case of emergency, although it is not designated by the person in charge of the unit, it is directly related to the major interests of the unit.

2. With the arrangement or consent of the person in charge of the unit, engage in scientific experiments, inventions and technological improvements related to the unit.

3. Occupational diseases caused by exposure to occupational harmful factors in production and working environment.

4. During working hours and areas, accidents caused by unsafe factors, or sudden illness due to work pressure, which leads to death or complete loss of working ability after the first rescue treatment.

5. Personal injury caused by performing duties.

6 engaged in emergency rescue, disaster relief, rescue and other activities, safeguard the interests of the state, society and the public.

7. Soldiers who are disabled in the line of duty and war have a recurrence of old injuries after returning to work in enterprises.

8. During the business trip, due to work reasons, he was injured or missing in a traffic accident or other accidents, or died of sudden illness or lost all his labor force after the first rescue treatment.

9. Accidents on the way to and from work by other reasonable routes within a reasonable time are work-related injuries.

(1) On the way to and from work residence, habitual residence and dormitory within a reasonable time;

(2) On the way to and from work within a reasonable time and on a reasonable route where the spouse, parents and children live;

(three) to engage in activities needed for daily work and life, and on the way to and from work at a reasonable time and route;

(4) commute to work through other reasonable routes within a reasonable time. (Injury on the way to and from work refers to a traffic accident that should have happened at a reasonable time and route and is not my main responsibility. )

10. Other circumstances stipulated by laws and regulations.