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Work-related injuries should be filed within one year.
1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);
3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.
4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
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If you have more than one year, you will not be able to file a file.
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Legal Analysis: Yes. You can apply for a work-related injury determination within one year from the date of injury.
According to the second paragraph of Article 17 of the Regulations on Work-related Injury Insurance, the statute of limitations for the application for determination of work-related injury shall be calculated from the date of occurrence of the accident injury. The "date on which the accident occurred" here should include the date on which the injury resulting from the work-related accident actually occurred. Where the injury result has not actually occurred at the time of the work-related accident, and the injured employee submits an application for work-related injury determination within one year after the actual occurrence of the injury, it does not belong to the circumstances that the statute of limitations for applying for work-related injury travel hail determination has expired.
Legal basis: "Regulations on Work-wise Injury Insurance" Article 17 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, within 30 days from the date of the accident injury or the date of being diagnosed and dismantled and identified as an occupational disease, submit an application for recognition of work-related injury to the social insurance 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 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 coordinating area where the employer is located.
Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance 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.
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Summary. Hello, the work-related injury can be reported for more than half a year. You can apply for a work-related injury determination within one year from the date of injury.
The statute of limitations for an application for determination of work-related injury shall be calculated from the date of occurrence of the accident injury. The "date on which the accident occurred" here should include the date on which the injury resulting from the work-related accident actually occurred. Where the injury result has not actually occurred at the time of the work-related accident, and the injured employee submits an application for work-related injury determination within one year after the actual occurrence of the injury, it is not a circumstance where the statute of limitations for applying for work-related injury determination has expired.
Can't report a work-related injury for more than half a year? -Injury.
Hello, the work-related injury can be reported for more than half a year. Within one year from the date of injury, you can apply for a work-related injury determination. The statute of limitations for an application for determination of work-related injury shall be calculated from the date of occurrence of the accident injury.
Here, "the date of the banquet on which the accident injury occurred should include the date on which the injury caused by the accident actually occurred." Where the injury is resolved at the time of the work-related accident and the result has not actually occurred, and the injured employee submits an application for work-related injury determination within one year after the actual occurrence of the injury, it is not a circumstance where the statute of limitations for applying for work-related injury determination has expired. <>
Hello, 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 may 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 within one year from the date of occurrence of the accident or the date of diagnosis or appraisal of the occupational disease. <>
Hello, the following materials shall be submitted to apply for work-related injury identification: (1) Application form for work-related injury identification; Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) A medical diagnosis certificate or an occupational disease diagnosis 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.
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Summary. Hello, you can declare, work-related injuries can be reported for more than half a year, and only those that are more than one year can not be declared. Generally, work-related injuries cannot be declared for more than one year, but if the failure to report is caused by force majeure, enterprise reasons or reasons not attributable to the employee himself, the time delayed is not counted in the reporting period.
Can't report a work-related injury for more than half a year? -Injury.
Hello, you can declare, the work-related injury can be reported for more than half a year, and only the Huai Bump for more than one year can not be declared. Generally, work-related injuries cannot be declared for more than one year, but if they are not declared due to non-saleable majeure, enterprise reasons or reasons not attributable to the employee himself, the time delayed will not be counted in the declaration period.
Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
I asked if I could report a work-related injury after more than half a year.
The injuries were sustained in the enterprise unit.
It can be reported, only more than one year can not, including early judgment of general work-related injuries for more than one year, can not be declared for reform, but if it is not declared due to untimely force majeure, enterprise reasons or reasons not attributable to the employee himself, the time delayed is not counted in the declaration period.
This is the case, when the injured unit said that there was no need to report any fees, the single object hole will be handled, the wages of the workers will be paid normally, and the injured will be recuperated for half a year, when will it be better, and when will it go to work. As a result, after four months of recuperation, he was called to work. However, the salary was not paid normally.
This is unreasonable, it is not excluded that the other party said so deliberately, you can go to the local labor bureau for arbitration personally, and you can have compensation.
Enterprises. This has nothing to do with the unit, the enterprise unit also has to comply with the labor law, so it can be arbitrated in time.
Can I report a work injury now?
Now it can be reported, only more than a year can not<>
Now I definitely don't report it to the department.
Individuals who do not report can report to the local labor bureau, and work-related injuries need to be arbitrated and compensated by the labor bureau.
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