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Provisions of Xindu District Social Security Bureau on Secondary Operation for Work-related Injury

If it is identified as a work-related injury by the Human Resources and Social Security Bureau, the second operation will enjoy the treatment of work-related injury insurance; Those who have not been recognized as work-related injuries shall not enjoy work-related injury insurance benefits.

Work-related injury identification is an administrative confirmation by the social insurance administrative department according to the authorization of the law whether the accidental injury (or occupational disease) of employees belongs to work-related injury or is regarded as work-related injury. It is a prerequisite for employees to enjoy work-related injury insurance benefits after accidental injuries and get relief through legal channels in case of disputes.

If an employee has an accident and is recognized as a work-related injury by the Human Resources and Social Security Bureau, the second operation belongs to the continuation of work-related injury medical treatment. According to the regulations on the recurrence of old injuries, during the period of medical treatment for work-related injuries and paid suspension, it is not affected by the previous claim that it is not supported by law. However, if it has been determined that it is not a work-related injury, reoperation due to the same accident is also not a work-related injury, nor can it claim compensation for work-related injuries.

the State Council

Regulations on industrial injury insurance

Thirty-eighth workers who need treatment for the recurrence of work-related injuries shall enjoy the treatment of work-related injuries stipulated in Articles 30, 32 and 33 of these Regulations.

Ministry of Labor and Social Security (China)

Opinions on Implementing Several Issues

LetterNo. [2004]256 from the Ministry of Labor and Social Welfare

Seven, the provisions of article thirty-sixth, the recurrence of old injuries, whether the need for treatment should be proposed by the medical institutions to treat workers with work-related injuries, controversial by the labor ability appraisal committee to confirm.

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