How long is the statute of limitations for work related injuries 40

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.

The following is the process I saw on the website of Kaiwen Workers' Compensation Counseling Center about applying for a work-related injury determination, I hope it will be helpful to you.

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 injury or the date of diagnosis of 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. To apply for work-related injury determination, the "Work-related Injury Determination Declaration Registration Form", "Work-related Injury Determination Application Form", and "Work-related Injury Declaration Evidence List" shall be filled in. and submit the following materials:

1. A copy of the Labor Contract or a valid certificate to establish the de facto labor relationship, 2. A copy of the Employee Resident ID Card of the injured employee;

3. Post-injury diagnosis medical record or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate) issued by a medical institution;

4. Circumstantial evidence (witness testimony) of two or more persons

3. The district and county labor and social security administrative departments shall make a decision on the determination of work-related injuries 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. For more information about applying for work-related injury recognition and timeliness, you can check it on the website of Soukaiwen Work-related Injury Compensation Consultation Center, I only excerpted a part, I heard that their center is very experienced in handling work-related injury identification and work-related injury compensation cases, and it is also quite famous in the industry, if you really don't understand something, you can ask them in detail, they also want to have a professional lawyer.

If the employer makes an application for the unit, it will be initiated within 30 days, and if the employer fails to perform its obligations and the application is made by an individual, it will be within one year of the initiation of the matter.

The statute of limitations for work-related injuries is one year, and it is recommended as soon as possible.

1. How long is the statute of limitations for determining work-related injuries.

1. If the employer fails to submit a declaration letter for work-related injury determination in accordance with the provisions of 30 days, the injured employee, his or her immediate family members, or trade union organizations may submit an application for work-related injury recognition to the labor and social security administrative department of the co-ordinating area where the employer is located within one year.

2. 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 Control of Occupational Diseases, the unit to which he or she 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, with the consent of the administrative department of social socks insurance, the application time limit can be appropriately extended.

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.

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.

2. How to deal with work-related injuries.

How to deal with work-related injuries is as follows:

1. The unit shall submit a work-related injury report to the local labor administrative department within 15 days from the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease;

2. If the employer does not file a work-related injury determination, the work-injured person must apply to the labor department within one year from the date of the accident. After the social security is investigated and confirmed by the Tanzi Office, the unit and the injured person shall be notified in writing;

3. On the basis of the work-related injury appraisal of an employee who has applied for work-related injury appraisal and is recognized as a work-related injury, the labor appraisal committee at or above the county level shall assess the disability level of the employee after the completion of his medical treatment or the expiration of the medical treatment period.

Legal analysis]: The statute of limitations for the determination of work-related injuries is within one year. After the accident occurs at work, the employer shall apply for work-related injury recognition within 30 days, and the unit may 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 his close relatives may apply to the social insurance administrative department for recognition within one year. The social insurance administrative department 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 basisArticle 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 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. In accordance with the provisions of the first paragraph of this article, the provincial-level social insurance administrative department shall handle the work-related injury determination by the provincial-level social insurance administrative department at the level of the districted city 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 that meet the requirements of these Regulations during this period.

In accordance with Article 17 of the Regulations on Work-related Potato Injury Insurance.

Paragraph 1 and 2 stipulate that 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 and 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 area. 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.

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 labor and social security 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 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 the 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 that meet the requirements of these Regulations during this period.