1. If you have frequent work-related injuries and your work unit is a high-risk industry, your work-related injury insurance will pay more than the unit with fewer work-related injuries. If others pay 1%, you need to pay more than 2%.
2. Frequent work-related injuries have an impact on the reputation of your company and are directly related to the difficulty of recruitment.
The scope of work-related injury is the premise of work-related injury identification, which is generally directly stipulated by law. The industrial injury insurance laws and international labor conventions in various countries and regions mainly adopt the following legislative models: general legislative model, enumerated legislative model and mixed legislative model. China's industrial injury insurance regulations adopt the legislative model of enumerating the scope of industrial injuries. Through the combination of positive enumeration and negative enumeration, the scope of work-related injuries stipulated in the Regulations on Work-related Injury Insurance in China is defined.
Work-related injury identification procedures:
(a) industrial injury appraisal institutions
According to the Regulations on Work-related Injury Insurance, the work-related injury appraisal institution in China is the social insurance administrative department in the overall planning area where the employer is located. At the level of "overall planning" here, according to Article 11 of the Regulations on Industrial Injury Insurance, the industrial injury insurance fund will gradually implement provincial overall planning. However, in order to facilitate the parties to apply for work-related injury identification, the regulations stipulate that matters that should be identified by the provincial social insurance administrative department shall be handled by the municipal social insurance administrative department with districts where the employer is located. According to the principle of territoriality.
(2) Accepting applications for ascertainment of work-related injuries.
If the application materials for work-related injury identification submitted by the applicant meet the requirements and fall within the jurisdiction of the social insurance administrative department, the social insurance administrative department shall accept them within the acceptance period. After receiving the application for ascertainment of work-related injury, the social insurance administrative department shall review the materials submitted by the applicant within fifteen days. If the materials are complete, make a decision on acceptance or rejection; If the materials are not accepted, the applicant shall be informed in writing of all the materials that need to be corrected at one time. The administrative department of social insurance shall make a decision of acceptance or rejection within 15 days from the date of receiving all the supplementary materials from the applicant. If the administrative department of social insurance decides to accept the application, it shall issue a decision on the acceptance of the application for work-related injury identification; If it decides not to accept the application, it shall issue a decision not to accept the application for work-related injury identification.
(3) Identification of work-related injuries
The identification of work-related injuries by the social insurance administrative department is an administrative confirmation act. The administrative department of social insurance may, when necessary, investigate and verify the evidence provided by the parties, and the relevant units and individuals shall truthfully assist in providing information and supporting materials. When conducting investigation and verification, the staff of the social insurance administrative department shall be accompanied by two or more staff members and produce official documents. When conducting investigation and verification, the staff can exercise the functions and powers of consulting the relevant materials of work-related injury identification according to law. At the same time, the staff should also perform certain obligations, such as keeping the business secrets and personal privacy of the relevant units and keeping secrets for the relevant personnel who provide information. When the staff of the social insurance administrative department contacts with the employees, if it is determined that the applicant has an interest relationship, it should be avoided.
When applying for work-related injury identification, employers often have disputes with workers or their close relatives about whether the injuries of workers belong to work-related injuries. If he still insists on the principle of "whoever claims will give evidence", it will undoubtedly bring a heavy burden to the injured employees and their close relatives, which may eventually lead to the injured employees not being able to enjoy work-related injury insurance benefits. Considering that there is a big gap between workers and employers, and workers are in a subordinate position and relatively weak, the law shifts the burden of proof of work-related injuries to employers, that is, workers or their close relatives think it is a work-related injury, but employers think it is not, and employers bear the burden of proof. If the employer refuses to provide evidence, the social insurance administrative department may make a decision on the determination of work-related injuries according to the evidence provided by the employees who have suffered work-related injuries or the evidence obtained through investigation. This also reflects the principle that the Industrial Injury Insurance Law is beneficial to employees who are injured at work.