Is lumbar disc herniation a work-related injury?

Lumbar disc herniation is not a work-related injury. Lumbar disc herniation is not caused by work, so it is not a work-related injury. The Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed as a work-related injury in any of the following circumstances:

1. Being injured by an accident during working hours and in the workplace.

Two, before and after work hours, in the workplace, engaged in work-related preparations, or finishing work by accident.

3. Accidental injuries such as violence are caused at work and workplace due to the performance of work duties.

4. Suffering from occupational diseases.

5. Going out on business, being injured due to work reasons or having an accident with unknown whereabouts.

Six, on the way to work by traffic accidents that I am not responsible for, or by urban rail transit, passenger ferry, train accidents.

Seven, other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.

Lumbar disc herniation can be regarded as a work-related injury, and lumbar disc herniation is a disease. Generally speaking, it is a gradual accumulation process. In the process of work-related injury identification, lumbar disc herniation is generally not directly identified as work-related injury, but in most cases, it is identified as lumbar sprain, and then the workers with work-related injuries are required to go to the labor ability appraisal Committee for relevant identification of diseases and work-related injuries. If it can be identified by the expert group of the labor ability appraisal Committee, the lumbar disc herniation is caused by lumbar sprain and can be treated as a work-related injury. The specific operation varies from region to region.

Two, apply for work-related injury identification shall submit the following materials

(a) the application form for work-related injury identification;

(two) the existence of labor relations with the employer (including factual labor relations);

(3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate).

The application form for ascertainment of a work-related injury shall include basic information such as the time, place and cause of the accident and the degree of injury of the employees.

: Instructions for filling in the application form for work-related injury identification

1, fill in with pen or signature pen, and the font is neat and clear.

2. If the applicant is an employer, it shall affix the official seal of the employer on the homepage.

3. Fill in the specific part of the injury in the column of the injured part.

4, diagnosis time bar, occupational diseases, according to the occupation disease diagnosis time to fill in; Injury or death, fill in according to the time of initial diagnosis.

5. After a brief description of the injury, the time and place of the accident, the work at that time, the cause of the injury, the location and degree of the injury should be stated. Patients with occupational diseases should specify what harmful operations they are engaged in, the starting and ending time, and the diagnosis results.

6. When applying for work-related injury identification, the applicant shall submit the resident identity card of the work-related injury worker; A preliminary diagnosis certificate issued by a medical institution when an employee is injured, or an occupational disease diagnosis certificate (or occupational disease diagnosis certificate) issued by a medical institution that undertakes occupational disease diagnosis according to law; The labor contract or other proof of labor and personnel relationship signed with the employer when the employee is injured or diagnosed with occupational disease.

For the specific situation of work-related injury identification, it should be handled according to the procedures and requirements stipulated in the above laws, especially those that have caused serious work-related injuries and disabilities. After the work-related injury is identified, we should make a judgment according to the actual illegal facts and consequences to avoid the wrong application of the law.

Legal Basis: Measures for Identification of Work-related Injuries Article 4 If an employee is injured by an accident or diagnosed and identified as an occupational disease according to the provisions of the Law on Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease, apply to the social insurance administrative department in the overall planning area for identification of work-related injuries. Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended.