Realistic confusion
A certain person is an employee of an electronic equipment company. One day, he was accidentally injured by a machine part while working. After examination, he was diagnosed with damaged cornea. The doctor said that the disease cannot be cured and must be maintained with long-term medication. Once the medication is stopped, the intraocular pressure will increase, which will cause adverse consequences. . Xie does not agree to terminate the medical treatment, so can the company propose a work-related injury determination before the medical treatment is terminated?
Lawyers Q&A
Medical termination is the basis for determining recovery or disability. The medical termination of an employee's work-related injury or occupational disease must be determined by a designated medical institution or occupational disease prevention and control institution. In order to properly handle the medical period for employees injured at work or suffering from occupational diseases, facilitate production and treatment, and enable the normal development of labor ability appraisal work, some regions have formulated specific medical termination appraisal standards based on practice, and have made specific medical termination time and medical termination standards. Regulation. According to the "Work-related Injury Insurance Regulations", the electronic equipment company should submit an application for work-related injury determination within 30 days from the date of Xie's accidental injury, and does not have to wait until the medical treatment is completed.
Legal Links
"Regulations on Work-related Injury Insurance"
Article 33 If an employee is injured in an accident at work or suffers from an occupational disease and needs to suspend work to receive medical treatment for work-related injuries , during the suspension period, the original wages and benefits will remain unchanged and will be paid monthly by the employer.
The period of suspension of work and salary retention shall generally not exceed 12 months. If the injury is serious or the situation is special, it may be appropriately extended upon confirmation by the district-level municipal labor capacity appraisal committee, but the extension shall not exceed 12 months. After an employee injured at work is assessed as having a disability level, the original benefits will be suspended and he will enjoy disability benefits in accordance with the relevant provisions of this chapter. If an employee injured at work still needs treatment after the suspension of work and salary retention period expires, he or she will continue to enjoy work-related injury medical treatment.
If a work-injured employee who cannot take care of himself needs care during the period of suspension of work and salary, the employer shall be responsible for it.