Is it a work-related injury to be infected with COVID-19 during work?

COVID-19's infection at work belongs to work-related injuries, but only those who are engaged in prevention and related work in COVID-19 can be identified as work-related injuries after being infected with COVID-19, while those who are not engaged in related work cannot be identified as work-related injuries after being infected with COVID-19. Medical personnel, police, etc. Anyone who infects COVID-19 during the anti-epidemic period can be regarded as a work-related injury; At the same time, workers who are injured in activities such as emergency rescue and disaster relief to safeguard national interests and public interests are regarded as work-related injuries. Employees who are injured by accidents or suffer from occupational diseases due to work reasons and are recognized as work-related injuries shall enjoy work-related injury insurance benefits.

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.

Legal basis:

Article 15 of the Regulations on Industrial Injury Insurance

Workers in any of the following circumstances shall be recognized as work-related injuries:

(a) died of sudden illness during working hours and at work, or died within 48 hours after being rescued;

(2) safeguarding national interests and public interests in emergency rescue and disaster relief activities;

(3) An employee who was formerly in the army and was disabled due to war or business has obtained a revolutionary disabled soldier's certificate, and the old injury recurs after going to the employer.

Employees who fall under the circumstances mentioned in Items (1) and (2) of the preceding paragraph shall enjoy the treatment of work-related injury insurance in accordance with the relevant provisions of these Regulations;

In case of item (3) of the preceding paragraph, the employees shall enjoy the treatment of work-related injury insurance in addition to the one-time disability allowance in accordance with the relevant provisions of these regulations.