How to report the determination of work related injury in reality

The process of declaring work-related injuries is as follows:

1) To apply, the applicant shall submit an application for work-related injury recognition to the labor administrative department in accordance with the provisions and provide relevant materials;

2) Acceptance, 1. The insurance department will review the application within 15 days after receiving it. Those that meet the requirements shall be accepted, and those that do not belong to this jurisdiction shall be informed of the applicant. 2. If the application materials are incomplete, the applicant shall be notified to complete the materials within 30 days at one time;

3) Determination.

1. According to Article 17 of China's "Regulations on Work-related Injury Insurance", if an employee is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall submit an application for work-related injury recognition to the labor and social security administrative department of the coordinating area within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease.

In case of special circumstances, the time limit for application may be appropriately extended with the consent of the labor and social security administrative department.

2. If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, 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 an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the co-ordinating area where the employer is located.

Matters that shall be determined by the provincial-level labor and social security administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the labor and social security administrative department at the districted city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

3. After accepting the application for recognition of work-related injury, the administrative department of labor and social security may investigate and verify the accident injury according to the needs of the examination, and the employer, employee, trade union organization, medical institution and relevant departments shall provide assistance.

The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases. The labor and social security administrative departments shall no longer conduct investigation and verification of those who have obtained occupational disease diagnosis certificates or occupational disease diagnosis and appraisal certificates in accordance with the law.

If the employee or his or her immediate family members believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.

4. The administrative department for 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 who apply for work-related injury determination and the worker's unit 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.

The legal entities applying for work-related injury recognition include employers, injured employees or their immediate family members, and trade union organizations.

Within the prescribed time limit and in accordance with the statutory requirements, the employer or the injured employee shall submit an application for work-related injury determination to the labor and social security administrative department of the coordinating area.

Legal basis] Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall submit an application for recognition of work-related injury to the labor and social security 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.

Employees injured at work or their relatives shall submit an application for work-related injury insurance benefits within 15 days from the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease, and submit it to the local labor and social security administrative department after being signed and sealed by the enterprise. In case of special circumstances, the application period can be extended to 30 days.

If it is not possible for the injured employee or his relatives to submit an application, the trade union organization of the enterprise may submit an application for treatment on behalf of the injured employee.

The application for work-related injury insurance benefits shall be submitted after being signed and sealed by the enterprise, and if the enterprise does not sign and seal, the injured employee or his relatives may directly submit the application.

Necessary materials and relevant supporting materials shall be provided for the determination of work-related injuries. After the administrative department for labor and social security accepts the determination of a work-related injury, it will generally make a decision on whether to determine whether it is a work-related injury within seven days after investigation and evidence collection. It may be extended in special circumstances, but not more than 30 days.

These five situations should be recognized as work-related injuries.

It is necessary to submit an application form for determination of work-related injury, proof of the existence of an employment relationship (including a de facto employment relationship) with the employer, a medical diagnosis certificate or an occupational disease diagnosis certificate (or an occupational disease diagnosis and appraisal certificate).

1. What should I do if the company does not report the work-related injury after the injury?

If the injured company does not report the work-related injury, the injured employee or his close relatives may directly apply for work-related injury determination to the labor and social security administrative department of the co-ordinating area where the employer is located within one year from the date of the accident injury.

The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for determination of work-related injury;

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

3) A certificate of failure in medical diagnosis or a certificate of diagnosis of an occupational disease (or a certificate of diagnosis and appraisal of an occupational disease).

2. What needs to be submitted to apply for work-related injury determination?

The following materials shall be submitted when submitting an application for determination of work-related injury:

1) Application form for determination of work-related injury; Write down the time, place, cause of the accident and the degree of injury to the employee.

Proof of the existence of an employment relationship (including a de facto employment relationship) between the two Cha ethnic groups and the employer.

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

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 determination of work-related injury;

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 labor and social security administrative department shall accept the application.