How long does it take for a general work related injury to be recognized, and how long does it take

Hello: The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's employer in writing. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion.

The following are the time regulations in the process of applying for a work-related injury determination:

1. According to the Regulations on Work-related Injury Insurance, the employer shall report to the labor and social security administrative department of the district within 30 days from the date of occurrence of the accident injury or the date of diagnosis of occupational disease. If the employer fails to make the declaration in accordance with the regulations, the injured employee, his relatives or the trade union organization may also directly apply to the labor department for recognition of the work-related injury within one year.

2. The district and county labor and social security administrative departments shall make a decision on the determination of work-related injuries within 60 days from the date of acceptance of the application for work-related injury determination, and within 10 working days, send the work-related injury determination decision to the employee applying for work-related injury determination or his immediate family members and the employee's unit, and at the same time inform the application procedures for labor ability appraisal.

According to Article 20 of the Regulations on Work-related Injury Insurance, the social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination According to the Regulations on Work-related Injury Insurance, the employer shall apply for work-related injury appraisal within one month from the date of the accident. Within one year from the date of identification of an occupational disease, an application for recognition of work-related injury may be submitted directly to the labor and social security administrative department of the co-ordinating area where the employer is located. In accordance with Article 14 of the Regulations on Work-related Injury Insurance, if an employee has any of the following circumstances, it shall be recognized as a work-related injury: How long does it take to get the result of work-related injury determination?

How Long Is the Statute of Limitations for Determination of Work-related Injuries The "Insurance Regulations" stipulate the statute of limitations for application, and if an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the prevention and control regulations, the unit to which he belongs shall submit an application for recognition of work-related injury to the administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located. If an injured employee or his or her immediate family member, employer or trade union organization submits an application for recognition of work-related injury beyond the one-year statute of limitations, the labor and social security administrative department will not accept it.

However, in the case of exceeding the statute of limitations for work-related injuries, as long as the two-year limitation period stipulated in the "Insurance Regulations" is exceeded, the employee can file a civil lawsuit with the court to protect his or her rights and interests. The determination of work-related injuries requires them to prepare certain materials, and in the process of implementation, they need to consider the actual situation and make a rational analysis, so that the protection of their rights and interests will be more effective, so the relevant parties need to dispose of it reasonably, so that their own interests will have a strong protection role in the law, so they need to be fully understood.

Legal analysis: 60 days to make a decision on the determination of work-related injury, so the work-related injury determination can generally be issued within 60 days. The district and county labor and social security administrative departments shall make a decision on the determination of work-related injuries within 60 days from the date of acceptance of the application for work-related injury determination, and within 10 working days, send the work-related injury determination decision to the employee applying for work-related injury determination or his immediate family members and the employee's unit, and at the same time inform the application procedures for labor ability appraisal.

The employer shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis of an occupational disease, report to the labor and social security administrative department of the district. If the employer fails to make the declaration in accordance with the regulations, the injured employee, his or her relatives or the trade union organization may also directly apply to the labor department for recognition of the work-related injury. Workers or their relatives who apply for work-related injury recognition need to fill in the "Pure Calendar of Work-related Injury Determination Application Form".

In addition, the following documents must be submitted:

1) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer, such as a copy of the Labor Contract.

2) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

3) The resident identity card of the injured person or the resident identity card of the deceased.

4) Witness testimony (2 persons) and a copy of the witness's work card, and the witness must sign and fingerprint the testimony.

5) If the injured or deceased's family entrusts a lawyer or searches for other people** to apply for a work-related injury determination, it shall also be submitted:

1. Letter from the law firm.

2. Power of attorney of the injured or deceased's family.

3. A copy of the lawyer's practice certificate.

Legal basis: Article 20 of the Labor Insurance Regulations The administrative department of labor and social security shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his immediate family members and the employee's employer in writing.

Where the staff of the administrative department for labor and social security has an interest in the applicant for work-related injury determination, they shall recuse themselves.

Article 18 of the Regulations on Work-related Injury Insurance shall submit the following materials to apply for work-related injury determination:

1) Application form for work-related injury determination.

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer.

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

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee. Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

Legal analysis: The determination of work-related injury is an administrative confirmation act by the labor administrative department to give a qualitative administrative confirmation of whether an employee's injury due to an accident is a work-related injury or is regarded as a work-related injury in accordance with the authorization of the law.

Legal basis: Article 20 of the Regulations on Injury Insurance for Workers: The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of accepting the application for work-related injury determination, and notify the employee or his close relatives who apply for work-related injury recognition and the unit to which the employee belongs.

The determination of work-related injury is an administrative confirmation act by the labor administrative department in accordance with the authorization of the law to determine whether the injury caused by the accident is a work-related injury or is regarded as a work-related injury, and according to the law, a decision on the determination of work-related injury will generally be made within 60 days from the date of accepting the application for work-related injury determination.

Legal basis: Article 20 of the Regulations on Work-related Injury Insurance stipulates that the social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's employer in writing.

B40013 Administrative detention, how to detain if no one can be found.

Generally, administrative detention will be taken immediately after it is made, but if an administrative detention decision has already been made when the party cannot find anyone, it should still be enforced, because the law stipulates that if the administrative counterpart is unknown or has fled or other objective reasons that make it impossible to make an administrative disposition decision within the statutory time limit, the public security organs shall continue to investigate and collect evidence, explain the situation to the victim, and promptly make a disposition decision in accordance with law.

Legal basis: Article 165 of the "Provisions on Procedures for the Handling of Administrative Cases by Public Security Organs" Article 165: The time limit for public security organs to handle public security cases must not exceed 30 days from the date of acceptance; Where the case is major or complicated, an extension of 30 days may be granted upon approval by the public security organ at the level above. Where there is a legally-prescribed time limit for handling other administrative cases, it is to be handled in accordance with the relevant legal provisions.

The period for conducting evaluations in order to ascertain the facts of the case is not included in the time limit for handling cases.

Where it is not possible to make an administrative disposition decision within the legally-prescribed time limit due to objective reasons such as the person violating the administration of public security is unknown or has fled, the public security organs shall continue to investigate and collect evidence, explain the circumstances to the victim, and promptly make a disposition decision in accordance with law.