The injured unit is not allowed to go to the rehabilitation cent
Publish: 2021-04-30 03:51:53
1. Whether the employees need rehabilitation treatment needs to be judged by labor ability appraisal. They need to apply to the labor ability appraisal committee, and then go to the designated unit for treatment after the approval of the Committee. If the unit does not cooperate, they can apply for labor arbitration to protect their rights. If the employee is damaged, the unit shall bear the corresponding responsibility. If there is no rehabilitation treatment, the result of disability identification will increase, and the unit needs to bear more compensation costs
according to Article 8 of the measures for the administration of labor capacity appraisal, if an employee has a work-related injury and is disabled after treatment and the injury is relatively stable, which affects the labor capacity, the employer and the injured employee can apply to the municipal labor capacity appraisal committee for the first time. The time limit for applying for appraisal of labor ability shall not exceed 2 years from the date when the conclusion of instrial injury is made. If the injured worker is unable to apply, his close relatives may apply on his behalf< Article 9 the following materials shall be submitted to apply for labor ability appraisal:
(1) application for labor ability appraisal
(2) the original and of the decision on work injury identification
(3) original and of diagnosis certificate, inspection report, etc., complete and effective medical records< (4) the original and of the employee's ID card or other valid ID card< (5) other materials required by the labor ability appraisal committee
Article 10 after receiving the application for labor ability appraisal, the labor ability appraisal committee shall timely review the materials submitted by the applicant. If the materials provided by the applicant are incomplete, the applicant shall be informed in writing of all the materials to be submitted at one time
if the materials provided by the applicant are complete, the labor ability appraisal committee shall draw a conclusion of labor ability appraisal within 60 days from the date of receiving the application for labor ability appraisal. Due to complicated injuries and involving more medical and health professionals, the identification period can be extended by 30 days<
provisions of Xiamen Municipality on the implementation of regulations on work related injury insurance (Xiafu Decree No. 158, hereinafter referred to as the "provisions")
Article 14 the period of work stoppage and salary retention for work-related injury workers shall not exceed 12 months. The time for rehabilitation treatment of injured workers is included in the period of work stoppage and salary retention of injured workers. In case of any dispute between the employer and the injured employee over the period of work stoppage and salary retention, the employer may apply to the municipal labor ability appraisal committee for confirmation of the period of work stoppage and salary retention
for medical (including rehabilitation) and other reasons, if the period of work stoppage and salary retention needs to be extended, the employer or injured employee shall apply to the municipal labor ability appraisal committee 30 days in advance for confirmation, but the extension shall not exceed 12 months
those who still need further treatment after the termination of work and salary retention period shall be confirmed by the municipal labor ability appraisal committee
Article 15 If an injured employee considers that rehabilitation treatment is necessary or the medical institution suggests rehabilitation treatment, the injured employee or the employer shall apply to the municipal labor ability appraisal committee for rehabilitation treatment confirmation; When the injured workers assess the disability level, if the municipal labor ability appraisal committee confirms that they need rehabilitation treatment, they can also be directly transferred to rehabilitation institutions for rehabilitation treatment
the municipal labor ability appraisal committee should formulate the standards of medical rehabilitation and occupational rehabilitation to provide the basis for rehabilitation evaluation
rehabilitation institutions should formulate rehabilitation treatment plans for injured workers and report them to the agency for approval<
labor dispute mediation and Arbitration Law
Article 2 this Law shall apply to the following labor disputes between employers and employees within the territory of the people's Republic of China:
(1) disputes arising from the confirmation of labor relations< (2) disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts
(3) disputes arising from delisting, dismissal, resignation and resignation< (4) disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection
(5) disputes over labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc< (6) other labor disputes stipulated by laws and regulations.
according to Article 8 of the measures for the administration of labor capacity appraisal, if an employee has a work-related injury and is disabled after treatment and the injury is relatively stable, which affects the labor capacity, the employer and the injured employee can apply to the municipal labor capacity appraisal committee for the first time. The time limit for applying for appraisal of labor ability shall not exceed 2 years from the date when the conclusion of instrial injury is made. If the injured worker is unable to apply, his close relatives may apply on his behalf< Article 9 the following materials shall be submitted to apply for labor ability appraisal:
(1) application for labor ability appraisal
(2) the original and of the decision on work injury identification
(3) original and of diagnosis certificate, inspection report, etc., complete and effective medical records< (4) the original and of the employee's ID card or other valid ID card< (5) other materials required by the labor ability appraisal committee
Article 10 after receiving the application for labor ability appraisal, the labor ability appraisal committee shall timely review the materials submitted by the applicant. If the materials provided by the applicant are incomplete, the applicant shall be informed in writing of all the materials to be submitted at one time
if the materials provided by the applicant are complete, the labor ability appraisal committee shall draw a conclusion of labor ability appraisal within 60 days from the date of receiving the application for labor ability appraisal. Due to complicated injuries and involving more medical and health professionals, the identification period can be extended by 30 days<
provisions of Xiamen Municipality on the implementation of regulations on work related injury insurance (Xiafu Decree No. 158, hereinafter referred to as the "provisions")
Article 14 the period of work stoppage and salary retention for work-related injury workers shall not exceed 12 months. The time for rehabilitation treatment of injured workers is included in the period of work stoppage and salary retention of injured workers. In case of any dispute between the employer and the injured employee over the period of work stoppage and salary retention, the employer may apply to the municipal labor ability appraisal committee for confirmation of the period of work stoppage and salary retention
for medical (including rehabilitation) and other reasons, if the period of work stoppage and salary retention needs to be extended, the employer or injured employee shall apply to the municipal labor ability appraisal committee 30 days in advance for confirmation, but the extension shall not exceed 12 months
those who still need further treatment after the termination of work and salary retention period shall be confirmed by the municipal labor ability appraisal committee
Article 15 If an injured employee considers that rehabilitation treatment is necessary or the medical institution suggests rehabilitation treatment, the injured employee or the employer shall apply to the municipal labor ability appraisal committee for rehabilitation treatment confirmation; When the injured workers assess the disability level, if the municipal labor ability appraisal committee confirms that they need rehabilitation treatment, they can also be directly transferred to rehabilitation institutions for rehabilitation treatment
the municipal labor ability appraisal committee should formulate the standards of medical rehabilitation and occupational rehabilitation to provide the basis for rehabilitation evaluation
rehabilitation institutions should formulate rehabilitation treatment plans for injured workers and report them to the agency for approval<
labor dispute mediation and Arbitration Law
Article 2 this Law shall apply to the following labor disputes between employers and employees within the territory of the people's Republic of China:
(1) disputes arising from the confirmation of labor relations< (2) disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts
(3) disputes arising from delisting, dismissal, resignation and resignation< (4) disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection
(5) disputes over labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc< (6) other labor disputes stipulated by laws and regulations.
2. Hello, you can only enjoy the treatment of work-related injury insurance in the designated hospital of work-related injury insurance, Cheng Gulian, work-related injury insurance unit
3.
the general practice is that there will be no disability without going to the hospital for treatment, and it is meaningless to apply for identification. However, assuming that they have been admitted to the hospital for treatment and have not gone to the rehabilitation hospital for rehabilitation treatment, the appraisal of labor ability will not be affected. Whether to enter the hospital or rehabilitation hospital is not the limiting condition of work-related injury identification, but there is no medical diagnosis or treatment medical record for work-related injury level identification
4. 1. There is a problem of time in this problem. There is a treatment period after work-related injury. During the treatment period, the unit can not terminate the labor relationship, no matter whether the employees go to work or not
2. After work-related injury, some of them have the hospital's suggested rest certificate. During this time, you don't have to go to work. The salary of the unit is still paid
3. After the end of the work-related injury treatment period (including rest suggested by the hospital), those who can't recover can go to the hospital for further consultation. If they really don't recover, the hospital will give you a rest proposal. During the period, the unit can not terminate the labor relationship with you.
2. After work-related injury, some of them have the hospital's suggested rest certificate. During this time, you don't have to go to work. The salary of the unit is still paid
3. After the end of the work-related injury treatment period (including rest suggested by the hospital), those who can't recover can go to the hospital for further consultation. If they really don't recover, the hospital will give you a rest proposal. During the period, the unit can not terminate the labor relationship with you.
5. The rehabilitation of work-related injury is only for the workers with rehabilitation value
instrial injury rehabilitation is based on the principle of "first treatment and rehabilitation, then assessment of disability compensation" and "basic rehabilitation", using modern rehabilitation means and technologies to provide medical rehabilitation, occupational rehabilitation and other services for instrial injury disabled persons, so as to maximize the recovery and improvement of their physical function, life processing ability and labor ability, A medical service to get them back to work
all the injured workers with concurrent expenses must be rehabilitated, and the rehabilitation is not suitable for all the injured workers. Whether the injured workers should be rehabilitated depends on whether they have rehabilitation value. Instrial injury rehabilitation is generally applicable to bone injury, burn, nerve injury and occupational disease<
instrial injury rehabilitation is carried out by special rehabilitation treatment institutions. Beijing has formulated special measures for instrial injury rehabilitation. The specific procere is that the injured workers or their close relatives first apply to the human resources and Social Security Bureau of the coordinating region, and the human resources and social security Bureau entrusts the rehabilitation institutions to evaluate whether it has rehabilitation value. After the approval of the human resources and Social Security Bureau, the injured workers will be informed of rehabilitation treatment< Article 30 of regulations on instrial injury insurance Article 30 employees who suffer from accident injury or occupational disease e to work shall enjoy medical treatment for instrial injury
for the treatment of work-related injuries, employees should seek medical treatment in the medical institution that has signed the service agreement. In case of emergency, they can first go to the nearest medical institution for first aid
if the expenses for the treatment of work-related injury meet the requirements of the list of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund. The list of diagnosis and treatment items of work-related injury insurance, the list of work-related injury insurance drugs and the standards of hospitalization service of work-related injury insurance shall be stipulated by the social insurance administrative department of the State Council in conjunction with the health administrative department of the State Council and the food and drug administration department
the food subsidy for the employees who are hospitalized for work-related injuries, and the transportation, board and lodging expenses for the injured employees to seek medical treatment outside the overall planning area shall be paid from the work-related injury insurance fund, and the specific payment standard of the fund shall be stipulated by the people's Government of the overall planning area
if the injured workers treat diseases not caused by work-related injury, they will not enjoy the medical treatment for work-related injury and will be treated according to the basic medical insurance method
the expenses for the injured employees to go to the medical institutions that have signed the service agreement for instrial injury rehabilitation, if they meet the requirements, shall be paid from the instrial injury insurance fund< Article 8 of the administrative measures of Beijing Municipality on the rehabilitation of instrial injury (Trial Implementation) refers to the employees who are recognized as instrial injury or deemed as instrial injury by the social insurance administrative departments of districts and counties, and who are disabled or cause physical dysfunction e to instrial injury (including occupational diseases, the same below), and are confirmed to have rehabilitation value and need rehabilitation treatment< Article 9 the injured workers who meet one of the following conditions can be included in the scope of the injured rehabilitation objects:
(1) the injured workers who are still in the period of work stoppage and salary retention, whose condition is relatively stable, and who are confirmed to have rehabilitation value and need early intervention rehabilitation treatment
(2) the old injury recurred and was confirmed to have rehabilitation value< Article 10 confirmation of rehabilitation objects:
(1) when the employer, injured employees or their immediate family members apply to the social insurance administrative department of the district or county where the employer is located for the identification of work-related injury, they can apply for work-related injury rehabilitation, fill in the application form for work-related injury rehabilitation in Beijing (see attached table 1), and submit relevant medical examination data
(2) the district and county social insurance administrative departments shall transfer the application materials to the instrial injury rehabilitation institutions in time after making the conclusion of instrial injury identification. The instrial injury rehabilitation institutions shall put forward opinions on whether the application materials have rehabilitation value within 5 days after receiving the application materials, and the District and county social insurance administrative departments shall timely feed back the opinions issued by the instrial injury rehabilitation institutions to the relevant units and instrial injury workers within 5 days
the list of people with rehabilitation value should be reported to the municipal social insurance administrative department
the injured employees who terminate or terminate the labor relationship with the unit where the original work-related injury occurred will no longer be confirmed as rehabilitation objects
(3) the confirmed rehabilitation objects should take their ID card, the conclusion of work-related injury identification, the application form of work-related injury rehabilitation in Beijing and relevant information to the work-related injury rehabilitation institutions for in-patient rehabilitation treatment in time
Article 11 if the injured employee who has participated in the work-related injury insurance has identified the level of disability and enjoys the benefits of work-related injury insurance, the injured employee shall submit an application in person. If the application is confirmed by the work-related injury rehabilitation institution and has rehabilitation value, it shall be reported to the district or county social insurance administrative department for approval, and the work-related injury rehabilitation can be carried out< (1) ring the period of work-related injury rehabilitation, according to the relevant provisions of Article 33 of the regulations on work related injury insurance, the rehabilitation objects shall enjoy the treatment of work-related injury medical treatment and work stoppage with pay. If the period of work stoppage and salary retention has expired, whether to extend the period of work stoppage and salary retention shall be handled in accordance with the provisions of Article 8 of the measures of Beijing Municipality on the administration of work stoppage and salary retention for instrial injury workers
(2) ring the period of hospitalization, the injured persons are entitled to the food subsidy according to the regulations of the state and the city.
instrial injury rehabilitation is based on the principle of "first treatment and rehabilitation, then assessment of disability compensation" and "basic rehabilitation", using modern rehabilitation means and technologies to provide medical rehabilitation, occupational rehabilitation and other services for instrial injury disabled persons, so as to maximize the recovery and improvement of their physical function, life processing ability and labor ability, A medical service to get them back to work
all the injured workers with concurrent expenses must be rehabilitated, and the rehabilitation is not suitable for all the injured workers. Whether the injured workers should be rehabilitated depends on whether they have rehabilitation value. Instrial injury rehabilitation is generally applicable to bone injury, burn, nerve injury and occupational disease<
instrial injury rehabilitation is carried out by special rehabilitation treatment institutions. Beijing has formulated special measures for instrial injury rehabilitation. The specific procere is that the injured workers or their close relatives first apply to the human resources and Social Security Bureau of the coordinating region, and the human resources and social security Bureau entrusts the rehabilitation institutions to evaluate whether it has rehabilitation value. After the approval of the human resources and Social Security Bureau, the injured workers will be informed of rehabilitation treatment< Article 30 of regulations on instrial injury insurance Article 30 employees who suffer from accident injury or occupational disease e to work shall enjoy medical treatment for instrial injury
for the treatment of work-related injuries, employees should seek medical treatment in the medical institution that has signed the service agreement. In case of emergency, they can first go to the nearest medical institution for first aid
if the expenses for the treatment of work-related injury meet the requirements of the list of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund. The list of diagnosis and treatment items of work-related injury insurance, the list of work-related injury insurance drugs and the standards of hospitalization service of work-related injury insurance shall be stipulated by the social insurance administrative department of the State Council in conjunction with the health administrative department of the State Council and the food and drug administration department
the food subsidy for the employees who are hospitalized for work-related injuries, and the transportation, board and lodging expenses for the injured employees to seek medical treatment outside the overall planning area shall be paid from the work-related injury insurance fund, and the specific payment standard of the fund shall be stipulated by the people's Government of the overall planning area
if the injured workers treat diseases not caused by work-related injury, they will not enjoy the medical treatment for work-related injury and will be treated according to the basic medical insurance method
the expenses for the injured employees to go to the medical institutions that have signed the service agreement for instrial injury rehabilitation, if they meet the requirements, shall be paid from the instrial injury insurance fund< Article 8 of the administrative measures of Beijing Municipality on the rehabilitation of instrial injury (Trial Implementation) refers to the employees who are recognized as instrial injury or deemed as instrial injury by the social insurance administrative departments of districts and counties, and who are disabled or cause physical dysfunction e to instrial injury (including occupational diseases, the same below), and are confirmed to have rehabilitation value and need rehabilitation treatment< Article 9 the injured workers who meet one of the following conditions can be included in the scope of the injured rehabilitation objects:
(1) the injured workers who are still in the period of work stoppage and salary retention, whose condition is relatively stable, and who are confirmed to have rehabilitation value and need early intervention rehabilitation treatment
(2) the old injury recurred and was confirmed to have rehabilitation value< Article 10 confirmation of rehabilitation objects:
(1) when the employer, injured employees or their immediate family members apply to the social insurance administrative department of the district or county where the employer is located for the identification of work-related injury, they can apply for work-related injury rehabilitation, fill in the application form for work-related injury rehabilitation in Beijing (see attached table 1), and submit relevant medical examination data
(2) the district and county social insurance administrative departments shall transfer the application materials to the instrial injury rehabilitation institutions in time after making the conclusion of instrial injury identification. The instrial injury rehabilitation institutions shall put forward opinions on whether the application materials have rehabilitation value within 5 days after receiving the application materials, and the District and county social insurance administrative departments shall timely feed back the opinions issued by the instrial injury rehabilitation institutions to the relevant units and instrial injury workers within 5 days
the list of people with rehabilitation value should be reported to the municipal social insurance administrative department
the injured employees who terminate or terminate the labor relationship with the unit where the original work-related injury occurred will no longer be confirmed as rehabilitation objects
(3) the confirmed rehabilitation objects should take their ID card, the conclusion of work-related injury identification, the application form of work-related injury rehabilitation in Beijing and relevant information to the work-related injury rehabilitation institutions for in-patient rehabilitation treatment in time
Article 11 if the injured employee who has participated in the work-related injury insurance has identified the level of disability and enjoys the benefits of work-related injury insurance, the injured employee shall submit an application in person. If the application is confirmed by the work-related injury rehabilitation institution and has rehabilitation value, it shall be reported to the district or county social insurance administrative department for approval, and the work-related injury rehabilitation can be carried out< (1) ring the period of work-related injury rehabilitation, according to the relevant provisions of Article 33 of the regulations on work related injury insurance, the rehabilitation objects shall enjoy the treatment of work-related injury medical treatment and work stoppage with pay. If the period of work stoppage and salary retention has expired, whether to extend the period of work stoppage and salary retention shall be handled in accordance with the provisions of Article 8 of the measures of Beijing Municipality on the administration of work stoppage and salary retention for instrial injury workers
(2) ring the period of hospitalization, the injured persons are entitled to the food subsidy according to the regulations of the state and the city.
6. Can this be guaranteed? Who can tell you? Their platform itself may not be able to give any protection to anyone
7. After the identification of work-related injury, enjoy the benefits of work-related injury insurance, which can be paid by the unit
lawyer Zeng Jinfeng
lawyer Zeng Jinfeng
8. If necessary, and the unit also gives money to do, let the doctor indicate the need for rehabilitation
9. Different, play guest coin is the centralized fire coin released by Xunlei company. Xunlei can do what it wants. Bitcoin is decentralized. The underlying technology is tamperable and not controlled by any indivial or organization
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