Whether The Workers Injured By The Labor Force Appraisal Can Be Recuperate Indefinitely

3 months ago, my company employee Li was injured during the trip when he was tripped over the wrapping tape left on the ground.

In view of its failure to handle industrial injury insurance, the company took the initiative to bear the related expenses.

But Lee was deliberately ill and raised, with various excuses in hospitals or homes, no matter what the company said or refused to work.

In order to find out the truth, the company had to apply several times to require Lee to identify work-related injuries and to identify labor capabilities, but Lee could go on an indefinite period of recuperation. The company had no right to impose pressure on him, which was to ignore and cooperate with him, resulting in the identification of work-related injuries and the identification of labor force could not be carried out.

Can the company directly stop its related treatment?

The company can stop Li.

。

First of all, the company has the right to apply for industrial injury identification and labor capacity appraisal.

Article seventeenth and twenty-third of the regulations on industrial injury insurance stipulate: "workers are injured by accidents or are diagnosed and identified as occupational diseases according to the law of occupational disease prevention and control. The unit shall, within 30 days from the date of accident injury or from the date of being diagnosed and identified as occupational disease, apply for an application for industrial injury to the regional social insurance administrative department.

In case of special circumstances, the time limit for application can be appropriately extended after the approval of the social insurance administrative department.

"Labor capacity appraisal shall be made by the employing unit, the injured worker or their close relatives to the municipal level."

The appraisal committee applies for it and provides relevant information on the determination of work-related injury and medical treatment for work-related injuries.

Correspondingly, the company naturally has the right to make corresponding requests.

Secondly, industrial injury workers can not be recuperate indefinitely.

Article twenty-first and thirty-third of the regulations on industrial injury insurance stipulate: "workers who have work-related injuries and who are disabled after being treated with relatively stable injuries and influence their ability to work, shall be appraise for their ability to work."

"Workers who are injured or injured by occupational diseases need to suspend their work and receive medical treatment for occupational injuries. During the period of suspension, the original salary and welfare benefits will remain unchanged, and the workers will be paid monthly by their units.

Usually not more than 12 months.

If the injury is serious or the situation is special, it can be appropriately extended by the municipal labor capacity appraisal committee established by the District, but the extension shall not exceed 12 months.

After assessing the disability level, the injured workers are entitled to the original treatment and enjoy the disability treatment according to the relevant provisions of this chapter.

Work-related injury workers still need to be treated after they stop working, and continue to enjoy medical treatment for work-related injuries.

Workers who are unable to take care of their own lives and need to care for the workers who are out of work and pay leave are responsible for their work.

That is to say, applying for work injury identification and labor capability appraisal as scheduled is both the right of Li and the obligation of Li.

Once again, the company has the right to refuse to continue to give him work-related injury insurance benefits.

"Industrial injury insurance regulations" forty-second provisions: "workers with one of the following cases, to stop the enjoyment of industrial injury insurance treatment: (1) to lose the conditions of treatment; (two) refuse to accept the identification of labor capacity; (three) refusal of treatment."

That is, Lee must bear adverse consequences on his own behavior.