What should I do if I have reported a work related injury but want to cancel it now?

Just go straight to the place where you reported the crime and cancel it.

If you don't need to fill out the work-related injury application form, you can just go through the following procedures.

Procedures for employees to apply for work-related injury identification:

1. Application: The employer, the injured employee or his or her immediate family members shall submit an application for work-related injury recognition to the Medical Insurance Department for visits and inquiries, and the Medical Insurance Department shall inform the application instructions in writing and provide the Application Form for Work-related Injury Determination.

3. Acceptance: The materials provided are complete, within the jurisdiction of the administrative department of the Bureau and within the time limit for acceptance, and inform that the acceptance will not be accepted.

IV. Investigation and verification: After accepting the application for work-related injury determination, the labor and social security administrative department shall investigate and verify the evidence provided as needed. and make a decision on the determination of work-related injury within 60 days from the date of acceptance.

5. Service: Within 20 working days from the date of making the work-related injury determination decision, the work-related injury determination decision shall be served on the work-related injury determination applicant (injured employee and employer).

6. Administrative reconsideration: If the parties and employers are not satisfied with the decision on the determination of work-related injuries, they may apply for administrative reconsideration in accordance with the law.

VII. Administrative Litigation: If a party or employer is dissatisfied with an administrative reconsideration, it may initiate an administrative lawsuit in accordance with law.

Precautions: 1. The statute of limitations for applying for work-related injury determination is 1 year. That is, the application is valid within one year from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease.

2. The employer shall be all kinds of enterprises within the administrative area, i.e., enterprises above the municipal level within the urban area.

3. Employees: must be legal workers. That is, male workers over the age of 16 to under 60, female workers over the age of 16 and under the age of 55 (excluding retirees).

4. Materials to be submitted when applying for work-related injury determination:

1. Application form for work-related injury identification; 2. Proof of the existence of labor relationship (including de facto labor relationship) with the employer; 3. Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate); 4. Other relevant supporting materials.

5. Time limit for work-related injury determination: that is, a work-related injury determination decision shall be made within 60 days from the date of acceptance of the application for work-related injury determination.

6. Time limit for service: that is, it will be delivered to the applicant (unit) within 20 working days from the date of the work-related injury determination decision.

Legal analysis: It is useless to file a case with the police station after being injured on the construction site, and this situation does not fall within the jurisdiction of the police station. First of all, it is necessary to apply to the local labor department for work-related injury identification, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the unit does not apply, the individual employee must apply within one year from the date of injury; If the injury is determined to be a work-related injury, after the injury is stabilized, you can apply for a labor ability appraisal to identify the work-related injury level, and then calculate the amount of disability compensation according to the disability level; If the employer fails to fulfill the above obligations, the injured employee can file a complaint with the local labor inspection brigade or directly apply for arbitration to the labor arbitration commission to protect his or her legitimate rights and interests.

Legal basis: Article 17 of the Regulations on Work-related 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 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 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 coordinating area where the employer is located. In accordance with the provisions of the first paragraph of this Article, the provincial-level social insurance administrative department shall handle the matters concerning the determination of work-related injuries by the social insurance administrative department of the districted city in the place 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.

The work-related injury declaration process is as follows:

1. If an employee is injured in an accident, the unit to which he or she belongs shall, within 30 days from the date of the accident injury, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area;

2. If the employer fails to submit an application for work-related injury recognition in accordance with the regulations, the injured employee, his close relatives and trade union organizations may, within one year from the date of the accident injury, directly submit a work-related injury determination to the social insurance administrative department of the coordinating area where the employer is located;

3. After the work-related injury is confirmed, it is necessary to conduct a labor ability appraisal;

4. Finally, compensation will be made according to the specific level of labor ability appraisal.

Regulations on Work-related Injury Insurance

Article 14. If an employee has any of the following circumstances, it shall be found to be a work-related injury:

1) During working hours and in the workplace, the person is injured in an accident 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) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal Analysis: The process of reporting work-related injuries: The employer of the person in distress shall submit an application for work-related injury recognition to the coordinating regional human resources and social security bureau within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit, the injured employee, his close relatives or the trade union organization shall submit a work-related injury determination to the local human resources and social security bureau within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

Legal basis: "Regulations on Work-related Injury Insurance" Article 19 After the social insurance administrative department accepts the application for work-related injury determination, it may investigate and verify the injury caused by the bank accident according to the needs of the review, and the employer, employees, trade union organizations, medical institutions 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 social insurance administrative department will no longer conduct investigation and verification of those who have obtained a certificate of diagnosis of an occupational disease or an appraisal of an occupational disease in accordance with the law. If the employee or his close relatives 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.