What are the provisions of the identification method for work-related injuries in Luoning County?

1. What are the provisions of the Measures for Determining Work-related Injuries in Luoning County? The contents of the Regulations on Work Injury Identification Office in Luoning County are as follows: Article 1 These Measures are formulated in accordance with the relevant provisions of the Regulations on Work Injury Insurance in order to standardize the procedures for work injury identification, carry out work injury identification according to law and safeguard the legitimate rights and interests of the parties. Article 2 The administrative department of social insurance shall carry out work-related injury identification in accordance with these Measures. Article 3 The identification of work-related injuries shall be objective, fair, simple and easy, and the identification procedures shall be open. Article 4 Where an employee is injured by an accident 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 he belongs shall, within 30 days from the date of the accident injury or the date of the 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. In accordance with the provisions of the preceding paragraph, an application for work-related injury identification shall be submitted to the provincial social insurance administrative department, and in accordance with the principle of territoriality, it shall be submitted to the municipal social insurance administrative department where the employer is located. Article 5 If the employing unit fails to apply for work-related injury identification within the prescribed time limit, the injured employees or their close relatives and trade unions may directly apply for work-related injury identification in accordance with the provisions of Article 4 of these Measures within 1 year from the date of accident injury or occupational disease diagnosis and identification. Article 6 An application for ascertainment of a work-related injury shall fill in the Application Form for ascertainment of a work-related injury, and submit the following materials: (1) A copy of the text of the labor employment contract, or other documents proving the existence of labor relations (including factual labor relations) and personnel relations with the employer; (2) Certificate of industrial injury diagnosis or occupational disease diagnosis issued by medical institutions (or occupational disease diagnosis certificate). Article 7 If the application materials for work-related injury identification submitted by the applicant meet the requirements, fall within the jurisdiction of the administrative department of social insurance, and are within the time limit for acceptance, the administrative department of social insurance shall accept them. Article 8 After receiving the application for work-related injury identification, the social insurance administrative department shall review the materials submitted by the applicant within 15 days. If the materials are complete, it shall make a decision on whether to accept them. If the materials are incomplete, the applicant shall be informed in writing of all the materials that need to be supplemented. After receiving all the supplementary materials submitted by the applicant, the social insurance administrative department shall make a decision on acceptance or rejection within 15 days. If the administrative department of social insurance decides to accept the application, it shall issue a "Decision on Accepting the Application for Work-related Injury Identification"; Decided not to accept, it shall issue a "decision not to accept the application for work-related injury identification". Article 9 After accepting the application for work-related injury identification, the social insurance administrative department may investigate and verify the evidence provided by the applicant as needed. Article 10 The administrative department of social insurance shall, jointly with two or more staff members, conduct investigation and verification, and produce certificates. Article 11 The staff of the administrative department of social insurance may conduct the following investigations and verifications in the identification of work-related injuries: (1) According to the needs of work, enter relevant units and accident sites; (two) according to the law to consult the information related to the identification of work-related injuries, ask the relevant personnel, and make a record of the investigation; (three) recording, audio recording, video recording, and copying the information related to the identification of work-related injuries. The collection of evidence for investigation and verification shall be carried out with reference to the relevant provisions on the collection of evidence in administrative litigation. Article 12 The relevant units and individuals shall assist the staff of the administrative department of social insurance when conducting investigation and verification. Employers, trade unions, medical institutions and relevant departments shall be responsible for arranging relevant personnel to cooperate with the work, and truthfully provide information and supporting materials. Thirteenth social insurance administrative departments in the identification of work-related injuries, the applicant to provide occupational disease diagnosis certificate or occupational disease diagnosis certificate in line with the relevant provisions of the state, no longer investigate and verify. If the occupational disease diagnosis certificate or occupational disease diagnosis certificate does not meet the requirements and format stipulated by the state, the administrative department of social insurance may request the department that issued the certificate to provide it again. Article 14 After accepting the application for work-related injury identification, the social insurance administrative department may entrust other social insurance administrative departments or relevant departments to investigate and verify according to the needs of work. Article 15 When conducting investigation and verification, the staff of the administrative department of social insurance shall perform the following obligations: (1) to keep the business secrets and personal privacy of the relevant units; (2) Keep the information provided to the relevant personnel confidential. Article 16 If the staff of the social insurance administrative department has an interest in the applicant for work-related injury identification, they shall withdraw. Article 17 If an employee or his close relatives think that it is a work-related injury, and the employer does not think that it is a work-related injury, the employer shall bear the burden of proof. If the employer refuses to provide evidence, the administrative department of social insurance may make a decision on the identification of work-related injuries based on the evidence provided by the injured employee or the evidence obtained through investigation. Article 18 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, and issue a decision on work-related injury identification or not. Article 19 The decision on ascertainment of a work-related injury shall specify the following items: (1) The full name of the employer; (2) The name, sex, age, occupation and ID number of the laborer; (three) the location of the injury, the time of the accident and the time of diagnosis or the name of the occupational disease, the injury process and verification, the basic medical situation and the diagnosis conclusion; (four) the basis for determining the work-related injury or treating it as a work-related injury; (five) the department and time limit for applying for administrative reconsideration or bringing an administrative lawsuit against the decision; (six) the time when the decision to identify the work-related injury or treat it as a work-related injury was made. The decision not to recognize a work-related injury shall specify the following items: (1) the full name of the employer; (2) The name, sex, age, occupation and ID number of the laborer; (3) The basis for not recognizing work-related injuries or not regarding them as work-related injuries; (four) the department and time limit for deciding to apply for administrative reconsideration or bring an administrative lawsuit; (five) the time to make a decision not to recognize the work-related injury or not to recognize the work-related injury. The "Decision on Determining Work-related Injury" and "Decision on Not Determining Work-related Injury" shall be stamped with the special seal for determining work-related injury by the social insurance administrative department. Article 20 If the social insurance administrative department needs to make a work-related injury determination decision based on the conclusion of the judicial organ or the relevant administrative department after accepting the application for work-related injury determination, the time limit for making the work-related injury determination decision shall be suspended while the judicial organ or the relevant administrative department has not yet reached a conclusion, and the applicant shall be notified in writing. Article 21 The administrative department of social insurance shall make a decision on work-related injury identification within 05 days from the date of accepting the application for work-related injury identification with clear facts and clear rights and obligations. Article 22 The administrative department of social insurance shall, within 20 days from the date of making the decision on ascertainment of work-related injuries, serve the decision on ascertainment of work-related injuries or the decision not to recognize work-related injuries on employees (or their close relatives) and employers, and send a copy to the social insurance agency. The service of "Decision on Determining Work-related Injury" and "Decision on Not Determining Work-related Injury" shall be carried out with reference to the relevant provisions of the Civil Law. Twenty-third employees or their close relatives, the employer refuses to accept the work-related injury determination decision or refuses to accept the work-related injury determination decision, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. Twenty-fourth after the end of the work-related injury identification, the social insurance administrative department shall keep the relevant information of the work-related injury identification for 50 years. Article 25 Where an employing unit refuses to assist the social insurance administrative department in investigating and verifying the accident injury, the social insurance administrative department shall order it to make corrections and impose a fine ranging from 2,000 yuan to 20,000 yuan. Article 26 The styles of work-related injury identification application form, work-related injury identification application acceptance decision, work-related injury identification application rejection decision, work-related injury identification decision and work-related injury rejection decision in these Measures shall be uniformly formulated by the social insurance administrative department of the State Council. To sum up, all units in Luoning County should provide employees with compensation for work-related injuries as long as they recruit employees. The accreditation agencies and social security departments that employees have to face in the process of accreditation have accreditation methods to regulate and constrain them, and the contents of these methods not only constrain the government's behavior, but also provide relief for employees.