Q: Yu is my company's employees, think the company gives less wages, in the operation of equipment, deliberately not in accordance with the provisions of the operation, and then injured. Is it a workplace injury?
A: Jun with the legal online consultation for you to answer
Law provides that the employee accidental injury, the unit should be from the date of accidental injury within 30 days, to the coordinated area of labor security administrative department to apply for recognition of work injuries. In the event of special circumstances, the application time limit can be extended appropriately with the consent of the labor security administrative department.
In accordance with the provisions of the preceding paragraph should be made to the provincial labor security administrative department of the application for recognition of work-related injuries, according to the principle of territoriality should be made to the employer's location of the municipal labor security administrative department. If the employer fails to file an application for recognition of work-related injuries within the prescribed period, the injured employee or his/her immediate family members or the trade union organization may directly file an application for recognition of work-related injuries within one year from the date of occurrence of the accidental injury or from the date of diagnosis or appraisal of the injury as an occupational disease in accordance with the provisions of the regulations. The application for recognition of work injury shall be made by filling out the Application Form for Recognition of Work Injury and submitting the following materials:
(1) a copy of the text of the labor contract or other valid proof of the establishment of the labor relationship;
(2) the diagnostic certificate of the post-injury diagnosis or diagnosis of occupational disease (or diagnostic certificate of the diagnosis of the occupational disease) issued by the medical institution.
The style of the application form for the recognition of work-related injuries is uniformly formulated by the Ministry of Labor and Social Security. If the employee or his/her immediate family members believe that the injury is a work-related injury, and the employer does not believe that it is a work-related injury, the employer shall bear the burden of proof. If the employer refuses to adduce evidence, the administrative department of labor security may make a conclusion of work-related injury based on the evidence provided by the injured employee in accordance with the law. The labor security administrative department shall make a decision on the determination of work injury within 60 days from the date of accepting the application for the determination of work injury. The determination decision includes the determination decision that the injury is work-related or deemed to be work-related and the determination decision that the injury is not work-related or is not deemed to be work-related. The administrative department of labor security shall, within 20 working days from the date of the decision on the determination of work injury, deliver the decision on the determination of work injury to the applicant for the determination of work injury, as well as to the injured employee (or his/her immediate family members) and the employer, with a copy to the social insurance agency. If the employee or his/her immediate family members or the employer is not satisfied with the decision of inadmissibility or the decision on the determination of work injury, he/she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.