专业团队

一、劳动局工伤认定流程是如何进行的

工伤认定的流程，主要是根据劳动者提出申请，劳动保障部门接到员工的工伤认定申请以后，会作出是否进行工伤认定的申请，如果决定受理的话，会在10天之内作出工伤认定的结果。但是前提是劳动者本人一定要把工伤认定的相关材料准备齐全。如下所述：

1、职工所在用人单位应当自事故发生之日或者被诊断、鉴定为职业病之日起30日内，向统筹地区劳动保障行政部门提出工伤认定申请。

2、审核 劳动保障行政部门收到申请人的工伤认定申请后，应及时进行审核，申请人提供材料不完整的，劳动保障行政部门应当当场或者在5个工作日内一次性书面告知申请人需要补正的全部材料。

3、劳动保障行政部门受理工伤认定申请后，根据需要可以指派两名以上工作人员对事故伤害进行调查核实。对依法取得职业病诊断证明书或者职业病诊断鉴定书的，劳动保障行政部门不再进行调查核实。

4、劳动保障行政部门受理工伤认定申请后，应当自受理之日起60日内作出工伤认定决定，并在工伤认定决定作出之日起10个工作日内以书面形式通知用人单位、职工或者其直系亲属，并抄送经办机构。

二、工伤鉴定

工伤鉴定流程有三个步骤，分别是工伤认定，劳动能力鉴定和工伤职工应享有的待遇及救济途径。工伤认定申请既可由用人单位提出，也可由工伤职工或者其直系亲属、工会组织提出。申请人不同，申请的先后顺序也不同。用人单位应当自事故发生之日或者被诊断鉴定为职业病之日起三十日内提出，遇有特殊情况，经劳动保障部门同意，可以适当延长。用人单位未按上述规定提出工伤认定申请的，工伤职工或者其直系亲属、工会组织才可以提出。但是提出时间从事故发生之日或被诊断、鉴定为职业病之日起不得超过一年。

三、工伤认定应提交哪些材料

提出工伤认定申请应当提交下列材料：

1、工伤认定申请表；

2、与用人单位存在劳动关系(包括事实劳动关系)的证明材料；

3、医疗诊断证明或者职业病诊断证明书(或者职业病诊断鉴定书)；

工伤认定申请表应当包括事故发生的时间、地点、原因以及职工伤害程度等基本情况。

工伤认定申请人提供材料不完整的，劳动保障行政部门应当一次性书面告知工伤认定申请人需要补正的全部材料。申请人按照书面告知要求补正材料后，劳动保障行政部门应当受理。

1、 How is the process of determining work-related injuries carried out by the Labor Bureau

The process of work-related injury recognition is mainly based on the application submitted by the employee. After receiving the employee's work-related injury recognition application, the labor security department will make an application whether to proceed with work-related injury recognition. If the decision is made to accept it, the result of work-related injury recognition will be made within 10 days. But the premise is that the worker must prepare all relevant materials for work-related injury recognition. As follows:

1. The employer where the employee is located shall, within 30 days from the date of the accident or the date of diagnosis or identification as an occupational disease, submit an application for work-related injury recognition to the labor security administrative department in the coordinating area.

2. After receiving the applicant's application for work-related injury recognition, the labor security administrative department shall conduct a timely review. If the applicant provides incomplete materials, the labor security administrative department shall inform the applicant in writing on the spot or within 5 working days of the need to make corrections to all materials.

3. After the labor security administrative department accepts the application for work-related injury recognition, it may assign two or more staff members as needed to investigate and verify the accident injuries. For those who have obtained occupational disease diagnosis certificates or occupational disease diagnosis appraisal certificates in accordance with the law, the labor security administrative department will no longer investigate and verify.

4. After the labor security administrative department accepts the application for work-related injury recognition, it shall make a decision on work-related injury recognition within 60 days from the date of acceptance, and notify the employer, employee or their immediate family members in writing within 10 working days from the date of the decision, and copy the handling agency.

2、 Work injury identification

There are three steps in the process of work-related injury identification, which are work-related injury identification, labor capacity assessment, and the benefits and remedies that work-related injury employees should enjoy. The application for work-related injury recognition can be submitted by either the employer, the injured employee, their immediate family members, or the trade union organization. The order of application varies depending on the applicant. The employer shall raise the issue within 30 days from the date of the accident or the date of diagnosis and identification as an occupational disease. In case of special circumstances, with the consent of the labor security department, it may be extended appropriately. If the employer fails to submit an application for work-related injury recognition in accordance with the above regulations, the injured employee, their immediate family members, or the trade union organization can only submit the application. However, the time for submission shall not exceed one year from the date of the accident or the date of diagnosis or identification as an occupational disease.

3、 What materials should be submitted for work-related injury identification

To apply for work-related injury recognition, the following materials should be submitted:

1. Application form for work-related injury recognition;

2. Proof materials of labor relationship (including factual labor relationship) with the employer;

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

The application form for work-related injury recognition should include basic information such as the time, location, cause of the accident, and the degree of employee injury.

If the applicant for work-related injury recognition provides incomplete materials, the labor security administrative department shall inform the applicant in writing at once of all the materials that need to be supplemented and corrected. After the applicant supplements and corrects the materials according to the written notification, the labor security administrative department shall accept it.