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Workplace Injury and Medical Certification in China

Introduction

In the event of a workplace injury, an injured worker may be entitled to compensation under China's Workers' Compensation Law. One of the essential documents required to claim compensation is a medical certificate proving the injury and its work-related nature. This article examines the legal framework governing the issuance of medical certificates for workplace injuries in China.

Legal Basis

The Workers' Compensation Law of the People's Republic of China establishes the right of injured workers to obtain medical treatment and financial compensation for work-related injuries. Article 20 of the law requires employers to issue a work injury notice to the injured worker within 30 days of the injury. This notice includes information about the incident, the injured worker's condition, and the medical facility providing treatment.

The Regulations on the Implementation of the Workers' Compensation Law (hereinafter referred to as the Regulations) provide further guidance on the medical certification process. Article 109 of the Regulations states that the medical certificate must be issued by a designated medical institution authorized by the local labor and social security department.

Designated Medical Institutions

Designated medical institutions are typically hospitals or clinics that have been inspected and certified by the local labor and social security department. They are equipped with the necessary expertise, facilities, and personnel to diagnose and treat workplace injuries. The list of designated medical institutions is usually available on the website of the local labor and social security department.

Procedure for Issuing Medical Certificates

When an injured worker seeks treatment at a designated medical institution, the following steps are generally involved in obtaining a medical certificate:

1. Initial Assessment: The medical professional will examine the injured worker, review their medical history, and collect information about the workplace incident. 2. Diagnosis and Treatment: The medical professional will diagnose the injury and provide appropriate treatment. 3. Medical Certificate Issuance: If the injury is determined to be work-related, the medical professional will issue a medical certificate stating the nature and severity of the injury, the estimated recovery period, and whether the injury constitutes a work-related disability.

Employer's Role

The employer has a legal obligation to cooperate in the issuance of medical certificates. The employer should provide the injured worker with the necessary information and documentation, such as the work injury notice and payroll records. The employer may also arrange for the injured worker to be examined by a designated medical institution.

Dispute Resolution

If there is a dispute regarding the issuance of the medical certificate, the injured worker may appeal to the local labor and social security arbitration committee. The arbitration committee will review the case and make a binding decision.

Conclusion

In China, injured workers are entitled to receive medical certificates proving their work-related injuries. These certificates are issued by designated medical institutions authorized by the local labor and social security department. The employer has a legal obligation to cooperate in the issuance process. If there is a dispute, the injured worker may appeal to the local labor and social security arbitration committee. The legal framework governing medical certification for workplace injuries ensures that injured workers have access to necessary medical treatment and compensation.