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-------------this page. The seventh in a series of reports on full coverage of injury insurance

Defending rights at work-related injuries-Shenzhen social security helps you

Migrant workers are a special group in our city, and quite a few of them have participated in work-related injury insurance. Once an accident occurs at work, they can easily get the prescribed compensation from the municipal social security department. However, there are also some migrant workers who have just arrived in Shenzhen or for other reasons and have not participated in work-related injury insurance for the time being. After their work-related accidents, some of their work-related injury rights and interests are not guaranteed, and the road to safeguarding rights is difficult. In response to these practical problems, the social security department of our city has taken the initiative to help them protect their rights at work-related injuries and achieved good results.

is it a work-related injury if you don't leave your post after quitting your job?

this is a matter that has been argued through litigation. On September 22, 22, Chen Lianping (a pseudonym) was hired to work in Jinxiu Company (a pseudonym), but Jinxiu Company did not apply for work-related injury insurance for him as required. On December 1th, Chen Lianping submitted his resignation to the company, and the company agreed. But then Chen Lianping did not leave. On December 31, Chen Lianping was crushed because the machine was out of control at work. Is this situation a work-related injury? Chen Lianping applied to Shenzhen Labor and Social Security Department for work-related injury identification.

On May 8, 23, the labor and social security department recognized that Chen Lianping was a work-related injury and enjoyed the treatment of work-related injury insurance, which was paid by Jinxiu Company according to the regulations. Therefore, the interests of employees with work-related injuries are guaranteed. However, Jinxiu Company refused to accept that Chen Lianping started the machine in the company's workshop without permission, which caused him to be injured. Moreover, Chen Lianping had submitted his resignation to the company, and the company immediately agreed and informed him to leave the company within 15 days as required. During this period, Jinxiu Company repeatedly asked Chen Lianping to leave the factory and did not arrange for him to work, so there is no so-called factual labor relationship between the two sides. The focus of the dispute between the two sides is whether Chen Lianping was an employee of Jinxiu Company when he was injured. And took the road of litigation.

On May 18th, 24, the Shenzhen Intermediate People's Court made a final ruling. According to the Regulations of Shenzhen Special Economic Zone on Work Injury Insurance, although Chen Lianping offered to resign, he did not leave his post, and Jinxiu Company did not object. There was a factual labor relationship between the two parties. Enterprises should be liable for compensation for Chen Lianping's work injury.

The social security department always warmly receives employees who come to seek legal advice and legal aid and gives detailed answers.

Cheng Shenghua, an employee of a product factory in Pinghu Town, Longgang District, was not treated by the factory after being injured at work, but was driven out of the factory and lost his job. Cheng Shenghua, who is physically injured and has no money for treatment and labor ability appraisal, has no choice but to come to the social security department for help.

The receptionist of the social security department explained the legal provisions to him, and actively helped him to contact the municipal medical appraisal office to request that Cheng Shenghua's disability appraisal fee be suspended. When Cheng Shenghua went to the city for identification, Shi Jun of Longgang Social Security Management Office also paid for Cheng Shenghua to use it on the road. Before the Spring Festival, Cheng Shenghua returned to his hometown of Xiaochang County, Hubei Province to reunite with his family. On January 21, 24, he wrote a letter to a media in Shenzhen, expressing his heartfelt thanks to the social security department. This media reported this.

should the enterprise pay for installing artificial limbs?

Disputes over social insurance benefits are often caused by misunderstanding when dealing with related issues because employers and workers do not understand relevant policies and regulations. Resolving most social insurance treatment disputes by mediation can not only save the disadvantaged workers from the long lawsuit, but also ease the contradiction between employers and employees, which is more conducive to enterprises to concentrate on their daily production. Therefore, the social security department of our city prefers mediation when defending the rights of employees with work-related injuries.

Yang, an employee of a plastic products factory in Pingshan, was crushed on his right hand at work in November 22. After medical treatment, he was identified as a fourth-grade disability by Shenzhen Medical Labor Appraisal Committee.

Yang's injury required the installation of a prosthetic limb according to the relevant regulations, but the factory repeatedly shirked it and refused to install a domestic prosthetic limb worth nearly 2, yuan for Yang. Even when Yang's elderly father came to Shenzhen from his hometown in Henan, he asked the factory to install a prosthetic limb for Yang, and the factory still ignored it.

Yang, desperate, asked the social security legal aid worker in pingshan town for help. After learning about Yang's situation, the person in charge of the former Longgang Social Security Branch took time out of his busy schedule and personally came to Pingshan to explain the reason to the legal representative of the factory, and explained the legal responsibility for failing to perform the corresponding obligations. Finally, the factory realized its mistake, not only promised to install artificial limbs for Yang immediately, but also said to the two responsible persons: "I really want to thank the two social security leaders for giving us a vivid legal lesson."

The social security legal aid worker timely contacted the installation unit for Yang, and appointed a special car to take charge of the pick-up. Yang and his son were grateful to the two directors, and a person in charge told him: "Social insurance legal aid is to protect the legitimate rights and interests of migrant workers."

After Lan, an employee of a hardware factory in long gang zhen, was injured, his family repeatedly told his grandfather that he was critically ill and asked him to go back to see his grandfather for the last time as soon as possible. However, due to various reasons, the employer failed to pay the dismissal fee and other related work-related injury insurance benefits in time.

After receiving Lan's application for assistance and learning about Lan's situation, the social security staff immediately appointed a special person to mediate with the employer, communicated with the employer for many times, found the factory director, manager, boss and others, patiently explained the laws and policies, and finally solved the problem of Lan's dismissal fee for work-related injuries and helped Lan to safeguard his rights and interests in time. On the second day after getting the money, before going to work, Lanmou came to the social security department with a banner, a big red envelope and a big bag of candy, which read "Helping the disabled and helping the needy", expressing his gratitude to all employees of the social security department. Comrades in the social security department immediately said to Lan, "We can accept the banner and your heart, but we can never accept the red envelope. If we accept it, it will lose our original intention of providing social security legal aid and violate the purpose of social security legal aid." So moved that Lan only knows how to say, "Thank you, thank you ..."

Resolutely prosecute some employers who clearly understand relevant laws and policies but are unwilling to pay relevant treatment to those who ask for help. The social security department, by acting as an agent for labor arbitration, acting as an agent for civil litigation, drafting legal documents, etc., enables workers who do not have or lack the corresponding economic ability to defend their social security rights and interests through the national labor arbitration system and judicial system, which is also an important means to ensure that workers can obtain relevant treatment.

Yuan Mou, a cutting worker of a furniture factory in long gang zhen, entered the factory on August 28th, 22. The factory didn't go through the formalities of industrial injury insurance for him, and let him take up his post without adequate training. On the second day of work, Yuan Mou was sawed off his left thumb by the cutting machine at work, and the factory paid the medical expenses. However, after Yuan was injured, he was identified as a nine-level disability. The factory only paid him part of the compensation, and he was unwilling to bear the statutory one-time disability compensation and one-time industrial injury dismissal fee, and asked Yuan to write a letter of guarantee to ensure that he would no longer claim compensation from the factory.

Yuan came to the social security department. After the staff explained the relevant laws and policies, Yuan understood that he should take up legal weapons to safeguard his rights and interests. With the help and guidance of the staff, Yuan applied for work-related injury identification according to legal procedures and filed a labor arbitration.

In March, 23, the Labor Dispute Arbitration Commission of Longgang District, Shenzhen made an award, demanding that the factory pay Yuan a corresponding industrial injury insurance benefit of RMB 37,. The factory refused to accept it and filed a civil lawsuit with the Longgang District People's Court. The lawyer of the social security department represented it in the civil lawsuit. In May 23, the Longgang District People's Court of Shenzhen made a ruling and rejected the factory's claim.

The social security legal aid station helped more than 8 employees successfully defend their rights

Social insurance rights and interests are the most basic rights and interests that workers should enjoy. However, in real life, incidents of infringing workers' social insurance rights and interests occur from time to time, and many workers, especially migrant workers, often don't know or have the conditions to take up legal weapons to safeguard their most basic rights and interests.

In view of this situation, Longgang Management Office of Shenzhen Social Insurance Fund Management Center (formerly Longgang Branch of Shenzhen Social Insurance Administration) and Longgang District Justice Bureau actively organized the backbone of their youth business, and jointly established Longgang District Social Insurance Legal Aid Workstation in Shenzhen in December 2, which is an institution that provides legal aid in social insurance for the majority of vulnerable groups.

since its establishment, the workstation has been adhering to the tenet of "caring heart, helping hand and umbrella of protection", actively exploring diversified ways of social insurance legal aid, and has done a lot of work in safeguarding the social insurance rights and interests of workers in Longgang District, especially migrant workers and other vulnerable groups, popularizing the knowledge of social insurance and related laws and regulations, raising the social insurance awareness of employers and workers, alleviating the contradictions between employers and employees due to social insurance problems, and maintaining social stability.

Since the workstation was established four years ago, the social insurance legal aid department in Longgang District has made remarkable achievements in its work. It has provided social security legal aid to more than 1,4 employees, of which more than 8 disabled employees have obtained more than 15.2 million yuan of work-related injury insurance benefits. It has also held a series of publicity activities of "Youth Civilization to Solve Your Problems", and used spare time such as weekends and holidays. More than 6 large-scale publicity activities have been held in the factory, and more than 4, social insurance policies and regulations have been distributed on the streets, which has played a positive role in protecting the social insurance rights and interests of socially disadvantaged groups, especially migrant workers, and enhancing the social insurance awareness of employers and migrant workers.

It is reported that Guangdong Provincial Department of Labor and Social Security, Shenzhen Municipal Committee of Youth League, Shenzhen Social Insurance Administration Bureau, Longgang District Party Committee and District Government of Shenzhen fully affirmed and spoke highly of the practice of social insurance legal aid workstations to safeguard vulnerable groups. From 21 to 23, the social security department was awarded the "advanced civilization window" of Shenzhen social security system for three consecutive years, and in May 22, it was awarded the "Youth Civilization" of Longgang District by the Youth League Committee of Shenzhen. In December, 23, it was named "Youth Civilization" by Shenzhen Youth League Committee, and many media such as Shenzhen Business Daily, Shenzhen TV Station, Guangdong Commercial TV Station and Longgang Cable TV Station reported the deeds of the workstation.

Take to the streets to publicize the knowledge of work-related injury insurance

China's social insurance system has not been established for a long time, and it is still constantly improving and developing. Various social insurance policies and regulations are adjusted from time to time according to the actual situation, so many workers and employers are not aware of social insurance and lack understanding of the current social insurance policies and regulations.

The social security department provides a full and systematic way for employers and workers who are insured or have missed insurance to understand the social security system by receiving calls and letters in their daily work, taking to the streets to distribute publicity materials, going deep into the factory to carry out publicity activities, holding case seminars, participating in training courses for social security managers in enterprises, and opening a column of "Social Security Mailbox" in newspapers, thus popularizing the legal knowledge of social insurance to a certain extent and making the majority of employers and workers fully aware of it.

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how to reimburse medical expenses for work-related injuries?

when handling compensation for work-related injuries, the work-related injury insurance department requires the employer to provide: medical records of work-related injuries, medical expense receipts and expense lists. According to the relevant provisions of industrial injury insurance, the industrial injury insurance department will review which expenses should be reimbursed and which expenses should not be reimbursed, and the expenses that should not be reimbursed will be indicated on the expense list and fed back to the manager of the employer. What is the specific time for the end of medical treatment?

when is the end of medical treatment? Is it based on the discharge time? In addition, has the injured person been notified in writing of the end time of medical treatment? If the injured person is not insured, but needs disability appraisal or labor ability appraisal, can he apply to the labor ability appraisal office for appraisal? If yes, what information do you need to bring? If not, where should I apply for identification?

according to article 19 of the regulations on work-related injury insurance, the labor ability appraisal Committee is responsible for the confirmation of the medical termination period of work-related injuries and the period of suspension of work with pay, and confirms the medical termination time according to the relevant provisions of the Guangdong Provincial Medical Termination Appraisal Standard for Injuries and Occupational Poisoning of Employees (Guangdong Labor Insurance No.51) and serves as the basis for the evaluation of medical termination. Therefore, the end of medical treatment is not calculated by the time of discharge. For example: phalangeal fracture, No.51 stipulates that the treatment period is 2~4 months. That is to say, the injured person should be treated for at least 2 months and not more than 4 months at the longest. If it has been 4 months, but the injured person thinks that further treatment is needed, he must first apply to the Labor Ability Appraisal Committee for extension of treatment, and can continue treatment after approval. There is a clear end time of medical treatment in the conclusion of labor ability appraisal of workers with work-related injuries (occupational diseases) in Shenzhen issued by the labor ability appraisal Committee.

about the work-related injury identification of uninsured employees: if the injured person fails to apply for work-related injury insurance, he/she must first declare the work-related injury to the labor and social security department where he/she works, and then apply for work-related injury identification to the municipal labor ability appraisal committee after the work-related injury certificate is issued; The materials to be provided include: a copy of the work-related injury certificate (original inspection), a copy of the identity cards of the applicant and the appraiser (original inspection), relevant materials for work-related injury medical treatment, and four one-inch bareheaded photos. What if the employer fails to submit an application for work-related injury identification as required?

the application for work-related injury identification is the prerequisite for the smooth progress of work-related injury identification and determination of work-related injury insurance benefits. According to the Regulations on Work-related Injury Insurance, the employing unit shall, within 3 days from the date of the employee's work-related injury accident or the date of the employee's diagnosis and identification as an occupational disease, apply to the competent department for work-related injury identification. If the employing unit fails to submit the application for work-related injury identification according to the above provisions, the workers with work-related injuries or their immediate family members and trade unions may directly submit the application for work-related injury identification to the competent department within one year. If the employer fails to submit an application for work-related injury identification within the prescribed time limit, the relevant expenses incurred during this period that meet the requirements of the work-related injury insurance regulations shall be borne by the employer. That is to say, due to the employer's failure to file an application for work-related injury identification with the social security department within 3 days, the employee's work-related injury insurance benefits that should have been paid by the work-related injury insurance fund cannot be paid on time, and the expenses incurred are no longer paid by the work-related injury insurance fund, but borne by the employer. Therefore, these regulations require the employer to submit an application for work-related injury identification to the competent department within the prescribed time limit in accordance with the provisions of laws and regulations. (Huang Minggang)

Author: Reporter Huang Minggang correspondent Du Bin Gu Yun wangtong Yu Yi

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