How to claim compensation after the work related injury is determined to be time barred

Legal analysis: The limitation period for applying for arbitration for labor disputes arising from an application for compensation after a work-related injury has been determined is one year, calculated from the date on which the parties knew or should have known that their rights had been infringed. If the statute of limitations for arbitration is suspended due to force majeure or other legitimate reasons, the limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

Legal basis: Social Insurance Law of the People's Republic of China

Article 36 Where an employee is injured in an accident due to work-related reasons or suffers from an occupational disease and is recognized as having suffered a work-related injury, he or she shall enjoy work-related injury insurance benefits, and if he loses his or her ability to work after the appraisal of his or her ability to work, he shall enjoy disability benefits.

The identification of injuries and labor capacity shall be simple and convenient.

Article 37 If an employee is injured at work due to one of the following circumstances, it shall not be deemed to be a work-related injury

1) Intentional crimes, (2) drunkenness or drug abuse, (3) self-harm or suicide, and (4) other circumstances provided for by laws and administrative regulations.

Legal Analysis: Employees whose work-related injuries are found to have exceeded the statute of limitations can seek compensation from the employer. The time limit for the work-related injury recognition unit is 30 days, and if the unit does not handle it, the applicant can apply within one year, and must have a hospital diagnosis certificate, labor relationship certificate, work-related injury recognition application, etc., and can consult the work-related injury identification agency of the local labor and social security department.

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 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 an occupational disease, submit an application for identification of work-related injury search model friend 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 member 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 the 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.

According to 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 social insurance administrative department 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 incurred during this period that comply with the provisions of these Regulations.

If the time limit for determining work-related injuries is exceeded, work-related injury compensation can also be claimed. Reason: Work-related injury insurance benefits are the legal rights enjoyed by workers in accordance with the law; It is the legal obligation of the employer to apply for work-related injury recognition; If the employer causes the employee to be unable to pay compensation for work-related injuries, it is obviously unfair to the employee to deal with it as an ordinary civil compensation case.

[Legal basis].Article 17 of the Regulations 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 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 social insurance administrative department, the time limit for application may be extended.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in Paragraph 1 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.

Legal analysis: If the time limit is exceeded, the social insurance administrative department will no longer accept it.

Legal basis: "Social Insurance Law of the People's Republic of China".

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall be entitled to the work-related injury insurance benefits of the town and the cluster; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crime of simplification;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.

The time limit for an employee to apply for a work-related injury determination is one year. Pai Chong has exceeded the statute of limitations for work-related injuries, and employees cannot apply for work-related injury compensation; Only when an employee is found to have suffered a work-related injury can he or she further claim his or her rights. If the employer fails to submit an application for work-related injury recognition in accordance with the regulations, the work-related injury employee or his close relatives may directly submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area where the employer is located.