If pneumoconiosis is caused by work, it belongs to the category of occupational diseases, but it must be diagnosed and determined by medical institutions recognized by provincial health administrative departments.
Employers' employees suffering from occupational diseases can only enjoy the corresponding level of work-related injury treatment after going through the corresponding work-related injury identification procedures and labor ability appraisal procedures, which is a policy subsidy.
Case: Coal miner Guo Shunlin suffered from pneumoconiosis due to occupational reasons.
"The coal mine was closed, and the application for advance payment for work-related injuries was also rejected. Although the lawsuit won, our compensation has not been obtained so far. " When Guo Shunlin was interviewed by Workers Daily, he was very confused about the problems he faced. He also suffered from pneumoconiosis workers such as Niu Fengxiang (deceased), Zhao Huaide and Wei.
Pneumoconiosis is an occupational disease. If it passes the appraisal of relevant departments, it can be identified as a work-related injury and get compensation for work-related injuries.
In order to identify occupational diseases, Guo Shunlin must first confirm the existence of labor relations with Taixi Coal Mine. 20 15 After two lawsuits of labor arbitration and first instance, Fangshan District People's Court of Beijing finally confirmed that there was a labor relationship between him and Taixi Coal Mine. After that, Guo Shunlin got the occupational disease diagnosis certificate: pneumoconiosis phase III.
On July 20 16, Guo Shunlin got the Decision of Work Injury Identification and the Notice of Confirmation Conclusion of Labor Ability Appraisal, and reached Grade II of work injury disability.
2065438+In March 2007, Guo Shunlin applied to Fangshan District Arbitration Commission in Beijing for arbitration, demanding that Taixi Coal Mine pay treatment for work-related injuries.
Guo Shunlin told reporters that at that time, he knew that Taixi Coal Mine had been closed, but it had not been cancelled, so he could still claim treatment for work-related injuries.
Because Taixi Coal Mine failed to pay social security for Guo Shunlin in accordance with the law, finally, Beijing Fangshan District Arbitration Commission ruled that Taixi Coal Mine paid Guo Shunlin a one-time disability allowance of 106290 yuan and a monthly disability allowance of 36 13 yuan.
Extended data
Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases
Article 53 The occupational disease diagnosis and appraisal committee is composed of experts from related disciplines. The health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall establish relevant expert databases. When it is necessary to diagnose and identify occupational disease disputes, the parties concerned or the parties concerned entrust the relevant health administrative departments to randomly select and determine the experts who will participate in the diagnosis and identification committee from the expert database.
The Committee for Occupational Disease Diagnosis and Appraisal shall conduct occupational disease diagnosis and appraisal in accordance with the standards and methods for occupational disease diagnosis promulgated by the administrative department of health of the State Council, and issue occupational disease diagnosis and appraisal certificates to the parties concerned. The cost of occupational disease diagnosis and appraisal shall be borne by the employer.
Article 56 The employing unit shall ensure that patients with occupational diseases enjoy occupational disease treatment prescribed by the state according to law.
The employing unit shall, in accordance with the relevant provisions of the state, arrange treatment, rehabilitation and regular examination for patients with occupational diseases.
The employing unit shall transfer the occupational disease patients who are not suitable to continue their original jobs and make proper arrangements.
The employing unit shall give appropriate post allowances to the workers who are engaged in the operations exposed to occupational hazards.
Article 57 The expenses for diagnosis, treatment and rehabilitation of occupational disease patients and social security for disabled and incapacitated occupational disease patients shall be implemented in accordance with the relevant provisions of the state on industrial injury insurance.
Article 58 In addition to participating in work-related injury insurance according to law, patients with occupational diseases have the right to obtain compensation in accordance with relevant civil laws, and have the right to claim compensation from the employing unit.
References:
National People's Congress-People's Republic of China (PRC) Law on the Prevention and Control of Occupational Diseases
References:
People's Daily Online-Puzzlement of pneumoconiosis workers: Who should I ask for compensation?