What to do if you lose your medical records

When a worker's medical record is lost, if the worker's injury meets one of the circumstances stipulated in articles 14 and 15 of the Regulations on Work-Related Injury Insurance, the worker can apply to the local social security department for recognition of work injury.

1, to the Human Resources and Social Security Bureau (formerly the Labor Bureau) to apply for recognition of work injuries, the company needs to be declared within one month of the accident, if the company does not apply for, the injured worker or his close relatives within one year to apply for recognition. Materials to be submitted: application form for recognition of work injury (generally available for download from the website of the Labor Bureau), proof of the existence of labor relations with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury has stabilized after treatment, the employee should apply for a labor capacity appraisal, and apply to the municipal Labor Capacity Appraisal Committee of the district to which the employee has been assigned (generally set up at the same level of the Human Resources and Social Security Bureau);

3. Social Security Bureau);

3, according to the different levels of disability, the compensation is not the same. The main compensations are: medical expenses, lump-sum disability benefit, lump-sum employment benefit, lump-sum medical benefit, salary for the period of suspended work, meal allowance, nursing fee, etc.

4, if the worker does not have a labor contract and other evidence to prove the existence of labor relations, can not apply for injury recognition, you can first apply for labor arbitration to confirm the existence of labor relations between you and the employer. After labor arbitration to confirm the existence of labor relations, and then apply for work injury recognition.

5, "Regulations on Work-Related Injury Insurance"

Article 14 of the employee shall be recognized as a work injury in one of the following circumstances:

(a) in the working time and workplace, due to work-related accidental injury;

(b) before and after the working time at the workplace, engaged in work-related preparatory or finishing work was injured by the accident. (c) being injured by violence or other accidental injuries in the performance of work duties during working hours and in the workplace;

(d) suffering from occupational diseases;

(e) being injured due to work or being unaccounted for in an accident while away from home at work;

(f) being injured by an accident for which the employee is not primarily responsible or by an accident that occurs on a city railroad, passenger ferry, passenger train, or other public transportation system, or by an accident that occurs on a city railroad, passenger ferry, or other public transportation system, or by an accident that occurs in a city railroad, passenger ferry, or other public transportation system. urban rail transit, passenger ferry or train accident;

(7) other cases which shall be recognized as work-related injuries as stipulated by laws and administrative regulations.

Article 15: An injury at work shall be deemed to be a work-related injury if the employee suffers from any of the following circumstances:

(1) death of the employee due to a sudden illness during working hours or at his/her workplace, or death of the employee due to failure to save the employee's life within 48 hours;

(2) injury sustained by the employee during the activities of safeguarding the interests of the State or the public interest, such as rescue and relief of disasters;

(3) injury sustained by the employee during his/her original service in the armed forces, due to war or duty-related injuries. Disabled as a result of war or service-incurred injuries, has obtained a revolutionary disabled soldier's certificate, and old injuries recur after coming to the employer.

If an employee is in the situation of items (1) and (2) of the preceding paragraph, he or she shall be entitled to work-related injury insurance treatment in accordance with the relevant provisions of these Regulations; if he or she is in the situation of item (3) of the preceding paragraph, he or she shall be entitled to work-related injury insurance treatment other than lump-sum disability benefit in accordance with the relevant provisions of these Regulations.

Article 16 An employee shall not be recognized as injured at work or regarded as injured at work if he conforms to the provisions of Articles 14 and 15 of these Regulations, but in any of the following cases:

(1) committing a crime intentionally;

(2) being drunk or addicted to drugs;

(3) self-inflicted injuries or suicides.

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