法诠网

How to Determine Work-Related Injury Cessation in China

In China, the cessation of work due to a work-related injury is a critical matter that affects an injured employee's compensation and entitlement to benefits. To determine work-related injury cessation, it is essential to consider the following aspects in accordance with Chinese law:

1. Medical Criteria

Partial Cessation: If the injured employee is capable of performing light duties or a modified role within their original occupation, it is considered partial cessation. Total Cessation: If the injured employee is unable to perform any work due to the injury, it is considered total cessation. Temporary Cessation: If the injured employee is expected to recover and return to work within a specific period, it is considered temporary cessation. Permanent Cessation: If the injured employee is permanently disabled and unable to return to work, it is considered permanent cessation.

2. Employer's Determination

Once the medical criteria are established, the employer is responsible for determining the work-related injury cessation. The employer must consider:

Employee's work capacity after the injury Availability of suitable work within the employee's limitations Medical documentation and recommendations

3. Labor Arbitration

If the employee disagrees with the employer's determination, they can file a complaint with the local labor arbitration committee. The committee will review the evidence and determine the validity of the employer's decision.

4. Legal Framework

The following Chinese laws and regulations govern work-related injury cessation:

Work Injury Insurance Law (2003): Defines the criteria for work-related injury cessation and entitles injured employees to compensation benefits. Social Insurance Law (2010): Provides for the payment of social insurance benefits to injured employees, including medical treatment and disability pension. Regulations on Evaluation of Work-Related Injuries and Disabilities (2013): Outlines the medical criteria and procedures for evaluating work-related injuries and disabilities.

5. Employer Obligations

Employers have the following obligations in relation to work-related injury cessation:

Provide suitable alternative work or modified duties for partially incapacitated employees Pay compensation and benefits to injured employees Cooperate with medical evaluations and inspections Prevent discrimination against injured employees

6. Employee Rights

Injured employees have the following rights:

Receive medical treatment and compensation for work-related injuries Request a reassessment of work-related injury cessation if their condition changes File a complaint if they disagree with the employer's determination Seek legal representation if necessary

Conclusion

Determining work-related injury cessation in China involves a multifaceted process that considers medical criteria, employer evaluations, and legal provisions. It is essential for employers to adhere to their obligations and ensure that injured employees receive fair and adequate compensation and support. Employees should be aware of their rights and seek assistance if they believe their employer is not fulfilling their responsibilities.