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Time limit for applying for work-related injury determination: The employer shall apply within one month, and the injured employee can apply within one year.
Legal basis] According to 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 to which he or she belongs shall, within 30 days from the date 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 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 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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1. How long is the time limit for determining work-related injuries?
1. After the accident occurs at work, the unit shall apply for the recognition of work-related injury within 30 days, and the unit can also apply for more than 30 days and no more than 1 year, but the expenses before the work-related injury determination shall be borne by the unit. If the employer does not apply for recognition for the employee, the employee or close relatives may apply to the social insurance administrative department or the Human Resources and Social Security Bureau for recognition within one year.
2. Legal basis: 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, and notify the employee applying for work-related injury determination 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 a decision to determine a work-related injury needs to be based on the conclusion of the judicial organ or the relevant administrative department, the time limit for making a decision on the 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.
2. What information must be provided by units and individuals to apply for work-related injury appraisal.
1. Application form;
2. A copy of the ID card of the injured employee;
3. Copies of documents or other valid proof of the establishment of labor relations;
4. Post-injury diagnosis certificate or diagnosis certificate issued by a medical institution and a copy of the initial medical record.
The application form for determination of work-related injury shall include only the basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.
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Legal analysis: After the accident occurs at work, the unit shall apply for the determination of the work-related injury of dispersion combustion within 30 days, and the unit can also apply for more than 30 days and not more than 1 year, but the expenses before the work-related injury determination shall be borne by the unit. If the employer does not apply for recognition for the employee, the employee or close relatives may apply for recognition to the social insurance administrative department (Human Resources and Social Security Bureau) within one year.
The administrative department of social insurance shall make a decision on the determination of work-related injury within 60 days of accepting the application for work-related injury determination. A decision on the determination of work-related injury shall be made within 15 days of an application for a work-related injury determination where the facts are clear and the rights and obligations are clear. Where it is necessary to base the conclusion of the judicial organ or the relevant administrative department, the time limit for determining the work-related injury shall be suspended during the period when the conclusion has not yet been made by these departments.
Legal basis: Regulations on Work-related Injury Insurance Article 20 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 unit in writing of the application for work-related injury determination. The Social Insurance Administration 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.
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Hello: Time limit for application.
The Regulations on Work-related Injury Insurance and the Measures for the Determination of Work-related Injuries, which came into effect on January 1 of the same year, stipulate that an injured employee or his immediate family members or trade union organization may, within one year from the date of the accident or the date of diagnosis or appraisal of an occupational disease, apply for recognition of work-related injury to the labor and social security department of the area where the employer is located.
2. If an injured employee applies for recognition of work-related injury for more than one year, the labor and social security department may not accept it.
3. When an employee has a work-related injury accident due to a traffic accident, some employees may ignore the work-related injury insurance benefits they should have obtained because they have obtained the compensation from the party responsible for the traffic accident. It is a pity that some employees lack full awareness of the time limit for exercising power, resulting in the loss of rights that should have been obtained. Beat the pants.
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The statute of limitations for applying for a work-related injury file is one year, calculated from the date on which the accident injury is determined. The following are the time limits for 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 or the date of being diagnosed as an 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 injury 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.
About sixty days.
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. If the facts are clear and the rights and obligations are clear, a decision on the determination of work-related injury shall be made within 15 days. >>>More
The statute of limitations for applying for a work-related injury determination is one year, calculated from the date on which the accident injury is determined. >>>More
The amount of compensation can only be determined after the work-related injury identification and labor ability appraisal are carried out first, and the disability level is determined.
1. Fill in with a pen or signature pen, and the font is neat and clear. >>>More
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