In order to better serve enterprises and workers, He Ping, director of the Occupational Health Quality Management Office of the Autonomous Region Occupational Disease Hospital, answered the workflow of occupational disease re-appraisal:
1, application for occupational disease re-appraisal
If a party refuses to accept the conclusion of the first occupational disease appraisal, he may apply to the Autonomous Region Occupational Disease Appraisal Institute (099 1-4503357) for re-appraisal within/5 days from the date of receiving the occupational disease appraisal. When applying for occupational disease identification, the parties and their agents shall submit the following materials:
(1) Occupational disease identification application form;
(2) Occupational disease diagnosis certificate; To apply for re-examination and appraisal, the first occupational disease appraisal shall be submitted;
(3) professional history;
(4) Copy of occupational health monitoring files;
(five) the results of occupational health examination;
(6) Detection and evaluation data of occupational hazards in workplaces over the years; (7) proof of labor relations; (8) Past history; (9) A copy of the employee's ID card;
(10) Other relevant materials. If the submitted materials are copies, please indicate? Is it the same as the original? , and signed by the provider. All materials submitted by the parties concerned shall be kept permanently by the occupational disease appraisal institute and shall not be returned or lent. Both parties shall keep copies or documents respectively. When an agent applies for occupational disease identification, it shall submit the power of attorney of the party concerned and show the original ID card of the agent.
2. Application acceptance
The office of occupational disease identification shall complete the written examination within 10 working days from the date of receiving the application for occupational disease identification and related materials. Meet the acceptance conditions, the employer shall pay the occupation disease identification fee, and issue a notice of acceptance of occupation disease identification. If the materials are not complete, a Notice of Supplementary Application Materials for Occupational Disease Identification shall be issued to the parties concerned, which shall be submitted within 15 days from the date of receiving this notice; If the parties submit the corrected materials, the date of submission shall be the date of acceptance; If the supplementary materials are not submitted, the deadline for the supplementary materials is the acceptance date.
Related reading? Case analysis of occupational disease death compensation
Case introduction
Yuan Lee is an employee of a mine in Pingdingshan City. Before 2000, Li resigned from his job because of silicosis, which was identified as a fourth-grade disability. In September 2007, Li passed away. After that, his children had a dispute with the relevant units on the relevant handling issues.
The relevant units believe that according to the provisions of Article 37 of the Regulations on Work-related Injury Insurance, if a disabled worker of Grade 1 to Grade 4 dies after the expiration of unpaid leave, except that the funeral subsidy is the six-month average salary of the employees in the overall planning area, other treatment is the same as that of enterprise employees and retirees who die due to illness or non-work.
Li's immediate family members believe that Li's occupational disease was recognized as a work-related injury before 2004, and he should enjoy the treatment stipulated in Article 25 of the Trial Measures for Work-related Injury Insurance for Enterprise Employees, which came into effect before, that is, in addition to the funeral expenses for six months and the average salary in Henan Province, he should also pay a one-time subsidy for work-related death for 27 months.
The main reason for the dispute in this case is that the existing provisions are different from the provisions on the treatment of injured workers after death before the entry into force of the Regulations on Industrial Injury Insurance.
First of all, the existing provisions on relevant treatment are:
1. Paragraph 3 of Article 37 of the Regulations on Industrial Injury Insurance stipulates: If a disabled employee dies at work during the period of paid suspension, his immediate family members shall enjoy the treatment stipulated in the first paragraph of this article. If a disabled worker of Grade 1 to Grade 4 dies after the expiration of the suspension of work with pay, his immediate family members may enjoy the treatment specified in Items (1) and (2) of the first paragraph of this article. ? Moreover, items (1) and (2) of the first paragraph of this article stipulate that if an employee dies at work, his immediate family members shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the industrial injury insurance fund in accordance with the following provisions: (1) The funeral subsidies shall be the average monthly salary of employees in the overall planning area for six months in the previous year; (2) The pension for supporting relatives shall be paid to the relatives who provided the main source of livelihood before the death of the employee and were unable to work because of work according to a certain proportion of the employee's salary. The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of labor security of the State Council; ?
2. The Official Reply of Henan Provincial Department of Labor and Social Security on the Treatment of Immediate Family Members of Workers with Grade I-IV Work-related Injuries who died after the expiration of shutdown with pay (No.200519 of Yulaoshe Work-related Injury) is further clarified? 1. Article 37 of the Regulations on Industrial Injury Insurance stipulates? The immediate family members of disabled employees with Grade I to Grade IV who die after the expiration of their unpaid leave can enjoy the treatment specified in Items (1) and (2) of the first paragraph of this article? Are you online? One to four disabled workers died after the expiration of paid shutdown? It should include the death caused by work-related injuries (or occupational diseases) and the recurrence of old injuries or non-work-related deaths. 2. What kind of situation does a disabled worker with Grade I to IV suffer from a recurrence of old injuries due to work-related injuries (or occupational diseases) or non-work-related death after retirement? One to four disabled workers died after the expiration of paid shutdown? In one case, the funeral subsidy is still implemented according to the average monthly salary of employees in the overall planning area for 6 months. ?
II. Relevant provisions before the entry into force of the Regulations on Industrial Injury Insurance:
1. Article 22 of the Trial Measures for Industrial Injury Insurance for Enterprise Employees stipulates: Workers whose work-related disabilities are identified as Grade I to Grade IV shall quit their production and work posts, terminate their labor relations with enterprises, issue certificates of work-related injuries and disability pensions, and enjoy the following benefits: (1) Pay monthly disability pensions according to the proportion of 90% to 75% of their wages respectively. Among them: Grade I 90%, Grade II 85%, Grade III 80% and Grade IV 75%. (two) to issue a one-time disability allowance, which is equivalent to the wages of disabled workers for eighteen to twenty-four months.
In which: Grade I is 24 months, Grade II is 22 months, Grade III is 20 months, and Grade IV 18 months. (three) according to the relevant provisions of medical insurance, personal burden is difficult, the industrial injury insurance fund to give appropriate subsidies. (four) relocation, to the province, autonomous region and municipality directly under the central government, the average wage of employees in the previous year for six months. Travel expenses, accommodation fees, baggage handling fees and food subsidies required for business trips shall be reimbursed according to the standards for business trips of employees of this unit. ? Article 23 stipulates that those who are disabled at work and are identified as Grade 1 to Grade 4 shall enjoy treatment in accordance with the provisions of Article 22 of these Measures. When reaching retirement age, the disability pension will continue to be paid by the industrial injury insurance fund. Disability pension is lower than news report.
endowment insurance
If there is a pension standard, it shall be determined according to the pension standard.
employment injury insurance
The fund made up the difference. At the same time, the social insurance agency shall transfer the individual contributions in the employee's personal account to the endowment insurance fund.
employment injury insurance
Fund. ? Article 25 stipulates that if an employee dies at work, funeral subsidies, dependent relatives' pensions and one-time death subsidies shall be paid in accordance with the following provisions: (1) Funeral subsidies shall be paid according to the standard of six months' average salary of employees in provinces, autonomous regions and municipalities directly under the Central Government in the previous year. (two) the pension for supporting relatives is paid to the relatives who provided the main source of livelihood for the deceased before his death. The standard is: spouse pays 40% of the average monthly salary of employees in the province, autonomous region and municipality directly under the Central Government, other dependent relatives pay 30% every month, and widowed elderly or orphans pay 10% on the basis of the above standard.
The total pension shall not exceed the salary of the deceased. The scope and conditions of dependent relatives shall be implemented in accordance with the existing relevant regulations, and dependent relatives will no longer enjoy pensions when they lose their support conditions. (three) one-time compensation for work-related deaths, the standard is 48 to 60 months of the average wage of employees in provinces, autonomous regions and municipalities directly under the central government, and the specific standard is determined by provinces, autonomous regions and municipalities directly under the central government. In case of death during the period of receiving the disability pension as stipulated in Article 22, the one-time work-related death subsidy shall be paid at 50% of the full standard. ?
2. Implementation opinions of Henan Provincial Labor Department on implementing the Trial Measures for Industrial Injury Insurance for Enterprise Employees of the Ministry of Labor: The standard of one-time work death subsidy is the average salary of local employees in the previous year of 54 months; Among them, those who died heroically in emergency rescue and disaster relief will be paid in 60 months. ?
Third, the relevant provisions of the Trial Measures for Industrial Injury Insurance for Enterprise Employees are applicable to this case.
Article 64 of the Regulations on Work-related Injury Insurance stipulates that these Regulations shall come into force on June 6, 2004. Before the implementation of these regulations, if the employees are injured by accidents or suffer from occupational diseases and have not yet completed the work-related injury identification, it shall be implemented in accordance with the provisions of these regulations. ?
Lawyer's tip
Due to the different industrial injury policies in different periods in China, it is suggested that relevant institutions pay special attention when approving the treatment of industrial injury personnel.
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