Basic common sense
Work-related injury compensation dispute settlement process 1
trouble shooting
1. What is the relationship between industrial injury insurance and personal accident insurance? four
2. What are the private non-enterprise units in the industrial injury insurance system? five
3. Who are the social organizations in the industrial injury insurance system? five
4. How can the trade union safeguard the legitimate rights and interests of workers with work-related injuries and supervise the work-related injury insurance of employers? six
5. How do employees seek medical treatment for work-related injuries or occupational diseases? six
laws and regulations
Regulations on industrial injury insurance
(27 April 2003)
Opinions of the Ministry of Labor and Social Security on Several Issues Concerning the Implementation of the Regulations on Industrial Injury Insurance 15
(2004 165438+ 10/)
People's Republic of China (PRC) Labor Law 15
(Revised on 27 August 2009)
Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of People's Republic of China (PRC) 23
(14 August 995)
People's Republic of China (PRC) safety production law
(Revised on 27 August 2009)
Notice of the Ministry of Labor and Social Security on Implementing the Regulations on Safety Production License and Doing a Good Job of Enterprises Participating in Work-related Injury Insurance 43
(4 April 2005)
Notice of the Ministry of Labor and Social Security on Relevant Issues Concerning Migrant Workers' Participation in Industrial Injury Insurance
(2 June 20041)
Notice of the Ministry of Labor and Social Security on Further Improving the Industrial Injury Insurance of Central Enterprises 44
(7 September 2007)
Guiding opinions of the Ministry of Construction on strengthening construction accident insurance 45 pages
(23 May 2003)
Management rules for handling industrial injury insurance (for Trial Implementation) 47 pages
(June 2004 17)
Guangdong province industrial injury insurance regulations 56 pages
(revised on June 65438+10/October 65438+April 2004)
Measures of Beijing Municipality on Implementing the Regulations on Work-related Injury Insurance
(65438+February 2003 1)
Provisions of Tianjin Municipality on Industrial Injury Insurance 68 pages
(165438+2003124 October)
72 Interim Measures for the implementation of the Regulations on Industrial Injury Insurance in Henan Province
(65438+February 2003)
78. Trial Measures for the implementation of the Regulations on Work-related Injury Insurance in Shandong Province
(165438+200312/0/)
80 Interim Measures for the implementation of industrial injury insurance in Chongqing
(2003 165438+ 10/7)
Part II Confirmation of Labor Relations
Basic common sense
First, the confirmation of labor relations is very important in industrial injury compensation.
Two. Labor relations and their legal characteristics
Three, what is the factual labor relations 88
Four, how to prove the labor relations 89
typical case
1. Chen Weili v. Lai Guofa's labor contract dispute case 90
2. Wei Zhen Flour Factory in the suburb of Jiamusi City refuses to accept the decision of work-related injury determination of Jiadonglao Social Security Bureau of Dongfeng District, Jiamusi City (2004) No.3.
trouble shooting
1. How to distinguish between factual labor relations and labor relations? 94
2. Should a nanny be regarded as a work-related injury when she is working at her employer's home? 95
3. Is it a work-related injury or a general personal injury for an employer to recruit workers who have not obtained a business license? 95
4. Does the labor relationship exist after oral notice of dismissal? 95
laws and regulations
People's Republic of China (PRC) labor contract law 96
(29 June 2007)
Regulations on the Implementation of the Labor Contract Law of the People's Republic of China 106
(September 2008 18)
Notice of the Ministry of Labor and Social Security on Matters Related to the Establishment of Labor Relations 109
(25 May 2005)
Part III Identification of Work-related Injury
Basic common sense
1. What is work-related injury identification 1 1 1?
Second, the scope of work-related injuries 1 1 1.
Three. Application for work-related injury identification 1 12
Four. Work injury acceptance 1 13
Verb (abbreviation of verb): Burden of Proof in Work Injury Identification 1 14
The intransitive verb "Work Injury Identification Decision" 1 14
VII. The conclusion of accepting work-related injuries through relief channels 1 15.
typical case
1. He v. Wuhou District Labor Bureau, Chengdu (administrative act of work-related injury identification) 1 16.
2. Xiamen Rongxing Automobile Transportation Co., Ltd. refused to accept the case of 1 18 of the Personnel, Labor and Social Security Bureau of Tongan District, Xiamen.
3. Ren Maoju refuses to accept the case 12 1 of Chongqing Yuzhong District Labor Bureau's work injury nature determination.
trouble shooting
1. Being scared and suffering from mental illness during work is a work-related injury? 123
2. Is an intern's accident a work-related injury? 123
3. What if an employee works in two units? 124
4. Can retirees be identified as work-related injuries when they are injured in the re-employment stage? 124
5. Is "accompanying food and drinking" a work-related injury? 124
6. If the traffic damage has been fully compensated, can it be considered as a work-related injury? 124
7. The unit does not declare work-related injuries for employees. What should employees do? 125
8. Can an employee's illegal operation be recognized as a work-related injury? 125
9. Is an accident after a unit dinner a work-related injury? 125
laws and regulations
Regulations on Industrial Injury Insurance (Excerpt) 126
Measures for Identification of Work-related Injury 127
(23 September 2003)
Reply of the Supreme People's Court on the Validity of Employment Contract with "No Work-related Injury Liability" 128
(1988101October 14)
Reply of the General Office of the Ministry of Labor on the Identification of Driver's Work Injury 129
(1996 65438+30 February)
Reply of the General Office of the Ministry of Labor on not handling work-related injuries during working hours 129
(1June 3, 994)
Reply of the General Office of the Ministry of Labor on whether the illness during working hours can be regarded as a work-related injury +029.
(1996 July 1 1)
Reply of the General Office of the Ministry of Labor on Casualties in Enterprise Recruitment Examination 130
(1July 5, 995)
Reply of the General Office of the Ministry of Labor to the request for instructions on the identification of work-related injuries 130
(1June 6, 997)
Reply of the Ministry of Labor on the Disposal of the Death of Overseas Laborers 13 1
(1992 July 15)
Reply of the General Office of the Ministry of Labor on the issue of accidental casualties of retirees on the way out for recuperation 132
(1July 24, 993)
Official Reply of the General Office of the Ministry of Labor on how to deal with the issues related to the provision of production and business premises and conditions for undocumented individuals by enterprises in their own names after casualty accidents?
(1996165438+1October 25th)
Reply of the General Office of the Ministry of Labor on how to divide the accident units in case of casualties during enterprise leasing 132
(1July 9, 997)
Reply of the General Office of the Ministry of Labor and Social Security on Issues Concerning the Identification of Work-related Injuries Entrusted by the Labor Dispute Arbitration Commission 133
(1September 9, 999)
Reply of the General Office of the Ministry of Labor and Social Security on whether employees who are intentionally injured by others at work are deemed as industrial injuries 133.
(June 65438+1October 65438+March 2000)
Reply of the General Office of the Ministry of Labor and Social Security on Restricting the Identification of Work-related Injury 133
(200165438+3 February)
Reply from the General Office of the Ministry of Labor and Social Security to the Shaanxi Provincial Department of Labor and Social Security on the issues of work-related injury identification and work-related injury insurance benefits 133
(22 April 2002)
Reply of the General Office of the Ministry of Labor and Social Security on the Application for Administrative Reconsideration against the Identification of Work-related Injury 134
(May 2004 18)
The Supreme People's Court's Reply to "Request for Instructions on Applicable Legal Issues of Work-related Injury Identification"
(200 1 June 15)
Reply of the General Office of the Ministry of Labor on the Casualties of Enterprise Employees in the Process of Labor Outsourcing 134
(1994 10 10/0)
Part IV Appraisal of Labor Ability
Basic common sense
I. What is labor ability appraisal 135?
Second, the labor ability appraisal standard 135
Three. Applicant and appraisal institution of labor ability appraisal 135
Four. Labor ability appraisal procedure 136
Verb (abbreviation of verb) appraisal fee 137
6. What should I do if I am not satisfied with the conclusion of labor ability appraisal? 138
typical case
Zeng Jiaju v. Mei Jia Furniture Factory (dispute over compensation for work-related injuries) 138.
trouble shooting
1. How to assess the level of industrial injury disability? 140
2. Can I assess the disability level before the medical treatment expires? 140
3. Is disability assessment a lifelong assessment? 140
4. Is the recurrence of work-related injuries a work-related injury? 14 1
5. What benefits should I enjoy when the contract expires and the results of labor ability appraisal are not available? 14 1
6. How to understand the avoidance system in labor ability appraisal? 14 1
laws and regulations
Regulations on Industrial Injury Insurance (Excerpt) 142
Appraisal of labor ability —— The level of occupational injury and disability of employees is 143.
(165438+200612 October)
Appraisal standard for the degree of employees' non-work-related disability or illness disability (for Trial Implementation) 18 1
(5 April 2002)
Notice of the Ministry of Labor and Social Security, the Ministry of Personnel, the Ministry of Health, the All-China Federation of Trade Unions, and china enterprise confederation on Relevant Issues Concerning Labor Ability Appraisal 183
(26 September 2003)
Notice of the Ministry of Labor and Social Security on Handling Opinions on the Connection between the Old and New Standards of Labor Ability Appraisal 184
(6 March 2007)
Part V Treatment of Occupational Diseases
Basic common sense
I. What is occupational disease 185
Two. Diagnosis and Identification of Occupational Diseases 186
Three. Occupational disease treatment 186
typical case
1. A chemical company in Rugao v. Rugao Municipal Bureau of Labor and Social Security (case of work-related injury determination) 186.
2. Song v. Shenzhen Hardware Stationery Factory (188)
trouble shooting
1. Can I apply for work-related injury identification if I find an occupational disease after leaving my job? 190
2. Is cervical spondylosis an occupational disease? 190
laws and regulations
Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases 192
(2001101October 27th)
People's Republic of China (PRC) pneumoconiosis prevention regulations 202 pages.
(1987 65438+3 February)
Measures for classified management of occupational hazards in construction projects
(28 March 2002)
Measures for the Administration of Occupational Health Surveillance
(28 March 2002)
Administrative Measures for Diagnosis and Appraisal of Occupational Diseases
(28 March 2002)
Measures for investigation and handling of occupational hazard accidents 2 12
(28 March 2002)
Catalogue of Occupational Diseases 2 14
(April 2002 18)
Notice of the General Office of the Ministry of Labor and Social Security on Relevant Issues Concerning the Implementation of the Law on the Prevention and Control of Occupational Diseases in People's Republic of China (PRC) 2 16
(24 March 2003)
Notice of the Ministry of Health on Strengthening the Prevention and Control of Occupational Diseases 2 16
(August 2003 1)
Notice of the Ministry of Health on Further Strengthening the Management of Occupational Disease Diagnosis and Appraisal 2 18
(65438+23 February 2003)
Reply of the General Office of the Ministry of Labor and Social Security on whether the personnel who have a history of work-related injuries (occupational diseases) in resource-exhausted mining enterprises and have gone through retirement procedures can be appraised for the level of work-related injuries and disabilities 2 19.
(165438+2000122 October)
Reply of the Ministry of Health on Relevant Issues in the Implementation of Administrative Measures for Diagnosis and Identification of Occupational Diseases 2 19
(4 June 2002)
Official Reply of the Ministry of Health on Issues Related to the Diagnosis and Identification of Occupational Diseases (I) 220
(July 2002 19)
Reply of the Ministry of Health on Relevant Issues Concerning the Diagnosis and Identification of Occupational Diseases (II) 220
(August 2002 12)
Reply of the Ministry of Health on Issues Related to the Diagnosis and Identification of Occupational Diseases 22 1
(2 August 2004)
Reply of the Ministry of Health on Relevant Issues Concerning the Diagnosis of Occupational Diseases in Different Places 22 1
(June 65438+1October 65438+July 2003)
Reply of the Ministry of Health on Issues Related to Expert Database of Occupational Disease Diagnosis and Identification 22 1
(July 2004 1)
Part VI Treatment and Compensation of Industrial Injury Insurance
Basic common sense
I. How is the treatment of industrial injury insurance 222
Two. Compensation items and compensation standards for industrial injury treatment 222
Three. Payment of industrial injury allowance 223
Four. Relief of disputes over treatment of work-related injuries 223
typical case
1.224. Liu v. a company limited by shares in Jiangsu province
2. Lin v Huayuan Chemical Equipment Company (case of infringement dispute)
3.228. Liu v. Shenzhen Wool Textile Co., Ltd.
1. How should employees enjoy work-related injury treatment if they suffer work-related injuries again? 229
2. If the level of disability of injured workers changes after the recurrence of old injuries, what will happen to their treatment? 230
3. How to determine the treatment of work-related injuries caused by traffic accidents? 230
4. How to apply for work-related injury insurance benefits when migrant workers are unexpectedly missing? 230
5. How to deal with the medical expenses for work-related injuries of staff in government agencies and institutions? 230
6. Is it right for the unit to refuse to pay the medical expenses for work-related injuries under the pretext of medical accidents? 230
7. When employees are seconded, who should bear the work-related injury benefits? 23 1
8. Can employees enjoy work-related injury treatment if they suffer work-related injuries during administrative sanctions? 23 1
9. How to solve the employee's industrial injury insurance expenses when the enterprise goes bankrupt? 23 1
laws and regulations
Industrial injury insurance regulations (excerpt) 232 pages
Measures for one-time compensation for casualties in illegal employment units 234
(23 September 2003)
Provisions on the scope of supporting relatives of workers who died at work
(23 September 2003)
Reply of the General Office of the Ministry of Labor on how to investigate and handle the death accidents of inter-provincial mobile construction enterprises.
(1September 23, 994)
Reply of the Ministry of Personnel on the issue of overseas laborers enjoying work-related injury insurance benefits 236
(1996 65438+February 5)
Official Reply of the General Office of the Ministry of Labor on the Handling of Work-related Accidents Compensation by Foreign Parties in China 236
(1998 February 17)
The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of personal injury compensation cases 236
(65438+26 February 2003)
Measures of Beijing Municipality on the Administration of Work-related Injury Workers Stopping Work with Pay 24 1
(65438+3 February 2003)
Measures of Beijing Municipality on Payment of Work-related Injury Insurance for Workers with Work-related Injury
(65438+3 February 2003)
Part VII Handling of Industrial Injury Disputes
Basic common sense
I. Consultation on industrial injury disputes 257
Second, the industrial dispute mediation 257
Three. Labor dispute arbitration
Four. Labor dispute litigation 260
Verb (abbreviation of verb) administrative reconsideration
Administrative litigation of intransitive verbs
trouble shooting
1. In the arbitration of industrial injury disputes, is it applicable to execute first? 266
2. What is the difference between administrative litigation and administrative reconsideration? 267
3. Should the people's court accept the lawsuit brought by the employee who has been injured because the compensation agreement signed and performed fails to meet the compensation standard stipulated by the state? 267
laws and regulations
People's Republic of China (PRC) labor dispute mediation and arbitration law 268 pages.
(65438+29 February 2007)
People's Republic of China (PRC) civil procedure law page 273.
(2007128 October 65438)
Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC) 297
(1992 July 14)
People's Republic of China (PRC) Administrative Reconsideration Law 3 19
(Revised on 27 August 2009)
Administrative Procedure Law of the People's Republic of China
(1April 4, 989)
The Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China 33 1
(8 March 2000)
Regulations of People's Republic of China (PRC) Municipality on Handling Labor Disputes in Enterprises 34 1
(1July 6, 993)
Interpretation of Some Issues in the Regulations on Handling Labor Disputes in Enterprises in People's Republic of China (PRC)
(1September 23, 993)
The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of labor dispute cases 347
(200 1 April 16)
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (II) 349
(August 2006 14)
Notice of the Ministry of Labor and Social Security, State Economic and Trade Commission, All-China Federation of Trade Unions, china enterprise confederation and China Entrepreneurs Association on Promoting and Strengthening the Handling of Labor Disputes 35 1
(200 1 year 1 1 month14th)
353 notice of the Supreme People's Court Municipality on accepting labor dispute cases
(199365438+1October 20th)
Reply of the Supreme People's Court on whether the people's court should accept the labor dispute case in which the labor arbitration commission fails to make an arbitration award or makes a notice of rejection within the time limit 353
(12 September 1998)
353 the Supreme People's Court Reply on the Issues Concerning the Parties in the Trial of Labor Dispute Cases
(1988 65438+ 10/9)
Official Reply of the General Office of the Ministry of Labor on Several Policy Issues Concerning Handling Labor Dispute Cases
(1994 10 10/0)
Measures for administrative reconsideration of labor and social security
(1999165438+1October 23rd)
Measures for handling social insurance administrative disputes
(20065438+0 May 27th)
Some provisions of the Supreme People's Court on civil litigation evidence 360
(200165438+February 2 1)
Provisions of the Supreme People's Court on Several Issues of Evidence in Administrative Litigation
(4 July 2002)
Reply of the Supreme People's Court to the Letter of the Ministry of Labor on Several Issues Concerning the Trial of Labor Dispute Cases by People's Courts 376
(1989 August 10)
……