Is the work related injury appraisal time limited and how long is the work related injury appraisal

First of all, to correct your statement: it should be the "identification" of the work-related injury, not the "signing" of the work-related injury.

Article 17 Where 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, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating region. 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.

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 coordinating 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.

For the sake of safety, it is recommended that you go to the local labor and social security department for specific consultation to avoid mistakes.

There are two types of cases;

1.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 employer shall work within 30 days from the date of the accident injury or the date of diagnosis or appraisal of an occupational disease;

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 organizations shall be injured within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

If it is time-barred, the statute of limitations is 6 months.

Legal Analysis: The conclusion of the appraisal of the labor ability of the work-related injury has been valid without re-appraisal and re-examination.

Legal basis: Regulations on Work-related Injury Insurance

Article 23 The employer, the injured employee or his or her close relatives shall submit an application to the labor ability appraisal committee at the districted city level, and provide the relevant materials of the work-related injury determination decision and the medical treatment of the employee who is injured at the work-related injury.

Article 26 If a unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee at the districted city level, it may submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region, or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion. The labor ability appraisal conclusions made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government are the final conclusions.

Article 28 After one year from the date of the conclusion of the appraisal of working ability, if the injured employee or his close relatives, his unit or the handling agency believe that his or her disability has changed, he or she may apply for a review and appraisal of his or her working ability.

The statute of limitations for disability appraisal of work-related injuries is generally 30 days. The employer shall report the work-related injury to the social insurance administrative department within the above-mentioned limitation period; If the employer fails to file within the time limit, the employee can report the work-related injury within one year. If there is a disability that affects the ability to work after the injury is relatively stable, the evaluation of the ability to work shall be carried out at this time.

[Legal basis].

Article 17 of the Regulations on Work-related Injury Insurance.

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 where he or she is located shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

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 area where the employer is located.

Article 21.

If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.

The statute of limitations for the social security administrative department to conduct work-related injury appraisal is generally 60 days; However, if the facts are clear and the rights and obligations are clear in the application for work-related injury determination submitted by the parties, a decision on the determination of work-related injuries shall be made within 15 days. However, the statute of limitations for the employer to submit a work-related injury determination is within 30 days, and the statute of limitations for the employee to submit a work-related injury determination is within one year.

Legal basis] Article 20 of the Regulations on Work-related Injury Insurance.

The social insurance administrative department shall, within 60 days from the date of accepting the application for work-related injury determination, make a decision on the work-related injury determination, and notify the employee or his close relatives and the employee's unit 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.

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

The labor ability appraisal committee at the districted city level shall, within 60 days from the date of receipt of the labor ability appraisal application, make a note of the labor ability appraisal conclusion, and may extend it by 30 days if necessary. The employer, the injured employee or his or her close relatives shall submit an application to the labor ability appraisal committee at the districted city level, and provide relevant materials on the determination of the work-related injury and the medical treatment of the work-related injury.

[Legal basis].Article 25 of the Regulations on Work-related Injury Insurance.

After receiving an application for labor ability appraisal, the labor ability appraisal committee at the districted city level shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall put forward an appraisal opinion. The labor ability appraisal committee of the city divided into districts shall make the conclusion of the appraisal of the labor ability of the injured employee on the basis of the appraisal opinions of the expert group; When necessary, a qualified medical institution may be entrusted to assist in the diagnosis.

The labor ability appraisal committee at the districted city level shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.