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Bring your ID card to the local Social Security Bureau Work Injury Department to inquire, the state stipulates that the declaration of work-related injury must be notified in writing within 60 working days!
If the employer does not declare the work-related injury for you, you can report to the Social Security Bureau as soon as possible according to the "Work-related Injury Identification Process".
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Legal analysis: If the company has suffered a work-related injury and the company fails to report that the time limit has passed, the time delayed shall not be counted in the application period for the determination of work-related injury. You can sue the company in court for compensation, and you should also apply for the determination of rough and filial piety.
If you miss the three-year time limit for applying for work-related injuries, you can file a lawsuit for tort compensation, although you cannot obtain work-related injury recognition and enjoy work-related injury benefits. If you are injured in an accident during labor, it is also a tort damage.
Legal basis: Article 17 of the Regulations of the People's Republic of China 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 Treatment of Occupational Diseases, the unit to which he belongs 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 work-related injury recognition to the social insurance administrative department of the overall planning 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 close relatives 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 social insurance administrative department of the coordinating area where the employer is located.
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Legal analysis: If the work-related injury is not reported at the time, it can sue the company in court for compensation, and should also apply for work-related injury determination. The time delayed due to the failure of the work-related injury company to report shall not be included in the application period for work-related injury determination.
If you miss the deadline for applying for work-related injuries, you can file a lawsuit for tort compensation, although you cannot obtain a work-related injury determination and enjoy work-related injury benefits. If you are injured due to an accident in the course of work, it is also a tort injury. According to the Regulations on Work-related Injury Insurance, if the unit applying for appraisal or an individual is not satisfied with the appraisal conclusion made by the labor ability appraisal committee of a city divided into districts, it may apply to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government for re-appraisal within 15 days from the date of receipt of the appraisal conclusion.
The conclusion of the appraisal of the labor ability of the provincial, autonomous region, and municipality directly under the Central Government shall be the final conclusion.
Legal basis: Regulations on Work-related Injury Insurance
Article 26 If the 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 conclusion of the labor ability appraisal made by the labor ability appraisal committee of the province, autonomous region, and municipality directly under the Central Government shall be the final conclusion.
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If there is no result in the declaration of work-related injury for half a year, and the social insurance department has seriously violated the regulations, the injured employee and the employer can take the initiative to contact the social insurance department to understand the situation, or they can complain to the local people** or the social insurance administrative department at a higher level. Legal basis: Article 20 of the Regulations on Work-related Injury Insurance provides 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."
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.
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. >>>More
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Take the case to apply for identification.
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The employee has applied for work-related injury identification, and the accident is a work-related accident, so the employee's work-related injury can enjoy work-related injury treatment, and there is no need to re-apply for work-related injury identification. >>>More