According to Article 8 of the Notice of the Ministry of Labor on the Measures for the Publication of the Trial Measures for Industrial Injury Insurance for Enterprise Workers, Article 8 provides that the employees shall, due to the following articles, as stipulated in Article 8 of the Notice on the Publication of the Trial Measures for Work-related Workers' One of the circumstances wounded, disabled, death, can be identified as work injury:

(1) engaged in the daily production, work or temporary work assigned by the person in charge of the unit, in the case of an emergency, although not by the person in charge of the unit but directly related to the major interests of the work of the unit;

(2) by the person in charge of the unit or agreed to engage in the unit with the relevant scientific experiments, inventions and technical improvement work;

(3) in the production of working environment exposure to occupational hazards caused by occupational diseases;

(4) in the production of work time and area, due to insecurity caused by accidental injury, or due to sudden work of sudden illness caused by death or the first rescue treatment after all the loss of labor capacity;

(5) personal injury resulting from the performance of his duties;

(6) engaged in activities such as rescue, relief, rescue and other activities to safeguard national, social and public interests;

(7) due to the public, due to disability of the demobilized military demobilized workers to work after the old injury recurrence;

(8) for the reasons of work, due to work reasons, suffered traffic accidents or other accidents caused by injury or missing, or because of sudden illness caused by death or after the first rescue treatment of all the ability to lose their work;

(9) in the commute time and must be on the route, the occurrence of their own responsibility or non-my primary responsibility for road traffic motor vehicle accident;

(10) other circumstances prescribed by laws and regulations.

What situation can not be identified as work injury?

There are six cases can not be identified as work injury:

(1) a crime or an offense;

(2) suicide or self-mutilation;

(3) brawl;

(4) alcoholism;

(5) deliberate violation;

(6) other circumstances prescribed by laws and regulations.

Identify the procedure for work injury

1, declare industrial accidents

(1) The enterprise shall submit an industrial injury report to the labor and social security administrative department within 15 days from the date of the occurrence of the work injury or the date when the occupational disease is diagnosed.

(2) The injured worker or his / her relatives shall file an application for work injury insurance with the local labor and social security administrative department within 15 days from the date of the occurrence of the work injury or the date of diagnosis of the occupational disease. In case of special circumstances, the application time may be extended to 30 days.

(3) the work injury workers themselves or their families are not likely to apply for industrial injury insurance applications, the trade union organizations can apply on behalf of workers.

(4) workers apply for work injury insurance application must be submitted by the enterprise after the signature; if the enterprise does not sign, the injured workers or their families can be submitted directly.

2, identified work injury

(1) The labor and social security department shall, after receiving the industrial injury report of the enterprise and the application for work-related injury of the employee, shall conduct a investigation and evidence collection and make a decision on whether or not it shall be deemed to be an injury at work within 7 days; Identification of work injury requires the following information:

a, workers apply for work injury insurance;

b, the designated medical institutions for the first time treatment of industrial injury diagnosis or occupational disease diagnosis, are minor injuries do not need to hospital treatment, issued by the enterprise doctors work injury diagnosis;

c, the work injury report of the enterprise or the work injury investigation report of the labor and social security department according to the application of the employee.

(3) written notice

Labor and social security administrative departments to make work injury decision, should be notified in writing to the enterprise and the applicant.

How to conduct an accident investigation?

If the accident is a minor injury and serious accident, the person in charge of the enterprise must organize the personnel to conduct a careful investigation of the accident; if the accident is a fatal accident and a major fatal accident, because of its large impact, so the relevant units to conduct a survey, Is the State Economic and Trade Commission is responsible for the safety of the main components of the production sector.

The accident investigation team has the right to carry out detailed understanding and interviews with the relevant units and relevant organizations and relevant personnel, and have the right to obtain the necessary information. All units and individuals who have been investigated have no right to refuse, and any individual organization shall not obstruct and intervene Accident investigation group of normal activities.

In the investigation of the truth, if the investigation of the accident and the accident of the views of those who are inconsistent, after repeated mediation, there are still differences, and can be subject to the relevant government departments ruled, and shall not exceed the accident handling Work should grasp the time limit.

The purpose of the investigation of industrial accidents

(1) to identify the whole process and cause of the accident;

(2) to identify the casualties caused by work accidents and economic losses;

(3) to determine the responsibility of industrial accidents;

(4) to advise on accident handling and precautionary measures;

(5) to submit an accident investigation report.

Workplace accident investigators should have the conditions

(1) with the accident without any direct interest, in line with the principle of avoidance;

(2) with the industrial accident investigation should have the expertise.

How to deal with accident?

According to the provisions of the "Regulations on Handling and Handling Casualties of Enterprise Workers' Casualties" issued by the State Council in March 1991, enterprises should deal with the accident handling according to the accident handling opinions of the accident investigation team and the precautionary measures. If the accident investigation shows that the cause of the accident, because someone neglected safety production, illegal command, illegal operation, neglect of duty, or to find hidden dangers, critical situations, do not take effective measures, the responsibility to give the necessary punishment, Until the criminal responsibility. If it is intentionally concealed after the accident has been accidentally concealed, false, deliberately delayed, deliberately destroyed the accident site, or there is no justification to refuse to accept the investigation, and refused to provide information to the accident investigation group and the situation, also the same Make punishment until criminal liability is held.

Is there a time limit for the handling of work accidents?

According to the "enterprise workers casualties report and handling regulations", the handling of industrial accidents does not allow delay, must be in a certain time (usually within 3 months) closed. If you encounter a special situation, the investigation has difficulties, the longest no more than six months time. And the closure and handling of work accidents should be announced.

The principle of investigation and handling of industrial accidents

(1) The enterprise shall seriously investigate and analyze the accident, identify the cause of the accident, identify the responsibility, determine the improvement measures, and specify the person to implement the deadline.

(2) for the general accident or bad nature of the small accident, should be within two days after the accident, to identify the responsibility to find out the reasons, put forward preventive measures, put forward the views of those responsible for the accident.

(3) For major accidents, enterprises or enterprises in charge of the organization should be organized by the relevant departments of the accident investigation team, and invited the local labor and social security departments, public security departments, trade union organizations or higher authorities to participate in the accident scene, Workers in the process of strict implementation of the rules and regulations, machinery and equipment, etc. to conduct a detailed investigation and analysis, to identify the cause and responsibility of the accident in order to deal with.

(4) The enterprise shall establish the accident file, analyze the information of all accident investigation and analysis, such as on-site inspection record, photograph, analysis and test result, technical appraisal, instrument record, meeting record, comprehensive investigation material, registration form, report, circumstantial materials , Should be properly kept.

(5) Disciplinary action shall be given to persons who are seriously violating the rules and regulations and failing to do so, or who are responsible for the occurrence of major accidents due to dereliction of duty.

(6) to deliberately create an accident, causing serious consequences, to be held criminally responsible, should be submitted to the judiciary according to law.

How do you understand the "temporary assignment of the person in charge of this unit"?

"The person in charge of the unit designated temporary work" refers to the enterprise employees to implement the unit squad leader, the leader of the leadership of the temporary assigned to the production or staff work directly related to the task, the casualties occurred. In the case of an emergency, the casualties that have not been specified by the person in charge of the unit but are directly related to the significant interests of the unit shall be recognized as work injury. Which "in an emergency" how to understand?

"In an emergency" refers to the situation where the enterprise is in urgent need of processing and resolution and is too late to consult the person in charge of the unit. For example, a chemical plant flammable gas leakage, a worker due to other work just passing here, found that the emergency situation, no time to consult the unit responsible person, to solve their own, accidentally exploded, causing a fire, The worker was injured and disabled. Although the work of handling flammable gas leaks is not specified by the person in charge of the unit and has not been consulted to the person in charge, but in the case of "in case of emergency", if the delay will cause a greater loss, the accidental injury incurred by the employee should Was identified as work injury.

How to understand the "work in the work of the time and region, due to insecurity caused by accidental injury, or due to sudden work of sudden illness caused by death or after the first rescue treatment of all the ability to work" can be identified as work injury?

(1) "working hours" including the unit leader (including the squad leader, team leader) agreed and arranged overtime work time;

(2) "insecurity" mainly refers to the workers in the working hours and work area, due to the existence of enterprise equipment and facilities defects, poor business environment and non-human can resist the accident (such as plant collapse, floods, landslides, earthquakes, etc.) Cause accidental injury;

(3) "work tight sudden disease" mainly refers to the business overtime, or because of overloaded labor (such as absenteeism or repair, etc.), or because of sick work (workshop leaders know that workers have sick leave, But because the work needs not approved their leave), or in the implementation of the task suddenly disease but no conditions to leave the workplace (such as train drivers, captain, ship driver, etc.) rescue treatment and fell ill at the job site;

(4) "All incapacity" means that if a sudden illness is partially incapacitated, it can not be considered a work injury, and "all incapacity" must be determined by the labor identification department.

How to understand the "due to the performance of personal injury suffered" was also identified as work injury?

"Performing duties" means the right of the employee to exercise their rights within the working time and within his or her duties and duties. If the injured person is required to identify the work injury, should be issued by the enterprise and the relevant departments issued by the labor department as its duty to be identified work injury.

How can we understand the casualties that occur in activities such as "rescue, disaster relief, rescue and other activities that safeguard national, social and public interests"

If the employees of the enterprise are sacrificing their personal interests and are engaged in the activities of safeguarding the state, the society and the public interest, they shall be required to hold a reliable certificate issued by the enterprise and the relevant department and the medical certificate issued by the relevant medical institution at the time of the work injury. confirm.

How to understand the "due to the public, due to disability and demobilized soldiers demobilized to work after the work of the old injury recurrence" can be identified as work injury?

Because of the public, because of the disability of the soldiers to the work of the enterprise, due to the recurrence of the old injury need to apply for work injury insurance treatment, must hold the "revolutionary military disability certificate" and the hospital diagnosed with advanced medical diagnosis of recurrence. In the specific process, should follow when the old injury recurrence when the application for the principle of industrial injury insurance treatment. For "due to public out of the period, for work reasons, suffered a traffic accident or other accidents caused by injury or missing, or due to sudden illness caused by death or after the first rescue treatment of all the ability to work" can be identified as work injury How to understand

"Due to work during the period, due to work reasons", refers to the staff by the enterprise leaders (factory, company level) assigned to go out, and during the time period and the work should be engaged in direct contact with the behavior.

"Injury caused by an accident" means an injury caused by a non-employee's primary responsibility or irresistible natural disaster.

"Missing" is based on the court ruling.

"Due to sudden illness caused by death or after the first rescue treatment of all the loss of labor capacity," if the requirements of industrial injury insurance treatment, should hold a local hospital diagnosis. All the loss of labor capacity, but also through the identification of labor identification departments, holders of "workers labor appraisal table." Sudden illness caused part of the loss of labor capacity, not to identify work injury.

For "the time of the commute and the necessary route, the occurrence of self-responsibility or non-my primary responsibility for road traffic motor vehicle accident" can be identified as work injury, how to understand?

In the commute time to work, go to work and go home must be on the line (including back home and lunch time to go home to eat on the way, as long as the direction is good), the occurrence of my own responsibility or non-my primary responsibility of the road motor vehicle traffic Accident caused by the casualties, there must be issued by the traffic management department of proof. Non-road traffic motor vehicle accidents, or because the motor vehicle brakes caused by car personnel injury and did not constitute a traffic accident, can not be identified work injury. For example, a worker after get off work to ride a motorcycle home, fell on the road, the workers that the injury incident in line with the "Trial" provisions of the "road traffic motor vehicle accident", but also in the "commute time and route On the "injured, should be identified work injury, in fact, his point of view is wrong, the motorcycle is determined to be a motor vehicle, but the occurrence of road traffic motor vehicle accidents, there must be both victims and the perpetrators. , Is indeed the injured party, but there is no incident, because the accident liability entirely in the victim side. "Trial approach" provides that only the injured person "no responsibility or non-my primary responsibility" situation , Can be identified as work injury. So the employee can not be identified as work injury.

How to understand the "laws, regulations and other circumstances" can be identified as work injury?

"Other circumstances stipulated by laws and regulations" means casualties that occur in compliance with national and local circumstances relating to casualties.

How to understand the "deliberate violation" in the case of casualties can not be identified as work injury?

"Intentional violation" caused by injury, disability, death, refers to the workers in the working hours of the casualties caused by the business personnel to prove that purely my own mischief caused. In the specific operation, workers can not be in the production time, production areas engaged in production work related to the operation of the illegal behavior simply as a deliberate violation. A construction company tower crane team captain Shengmou drink post operation, so that the upper tower crane frame adjustment guide wheel wrongly rose to the first standard section, resulting in 6 people were killed, 4 people were injured, direct economic losses of 500,000 yuan significant Responsibility accident, the captain also died in the accident. Shengmou Although the death caused by the work, but he as a work site command staff, but also the operator, subjectively know that the job is a violation of the rules and regulations and regulations are strictly prohibited acts, but deliberately eat and drink , And in the post duty operation, constitute a deliberate violation and alcohol, it can not be identified as work injury.

Is it possible for an accident casualty accident to be identified as a work injury during an evacuation period

According to the Office of the Ministry of Labor of the Ministry of Labor on July 24, 1993, the provisions of the letter of the Ministry of Labor of the People's Republic of China (1993) No. 90: Accidental casualties occurred by retired personnel on the way of outpatient treatment. This provision is based on the fact that the industrial injury insurance system provides medical, income compensation and pensions for employees who are in a process of labor during the course of labor and labor. The object and scope of the work injury insurance are strictly defined - the object of industrial injury insurance is the working staff, generally applicable to the establishment of labor relations workers, and retirees are not in production, jobs, do not belong to the object of industrial injury insurance; Injury insurance