Whether it is possible to apply for recognition of work related injury after the termination of the

If it is during the existence of the labor contract, if the injury is caused during working hours and at the place of work, of course, it is possible to apply for recognition of work-related injury.

According to 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 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 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.

Hello, if the injury is before leaving the job, you can apply for a work-related injury determination.

Yes, you can apply. However, it is recommended not to terminate the contract first, because the level of disability due to work-related injuries will have an impact on the employee's choice of compensation.

It's okay to get injured at work.

Legal Analysis: In principle, an employer cannot terminate an employee's employment contract during the period of work-related injury, unless the employee is willing to accept the dismissal compensation from the employer or voluntarily resign. Under normal circumstances, an employer is not allowed to terminate an employment contract during a work-related injury.

However, if the employer is willing to bear the liability for compensation caused by the breach of contract, there is no reason why the labor contract cannot be terminated.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 In order to establish a labor relationship, a labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 17 of the Labor Law of the People's Republic of China stipulates that "a labor contract is an agreement between the worker and the employer to establish the labor relationship, clarify the rights and obligations of both parties, and establish a labor relationship, and a labor contract shall be concluded." "As the main body of labor relations, the employer and the employee are equal in form, but unequal in substance, and there is a kind of administrative subordination relationship between them to manage and be managed, the employer is in a positive and active advantageous position, while the worker is in a weak position of passivity and rights defense, and in real life, there is often a phenomenon that the employer deliberately delays the conclusion of the labor contract.

To this end, the Opinions of the Jiangsu Provincial High People's Court on Several Issues Concerning the Trial of Labor Dispute Cases clearly stipulates that: "Although the employer and the employee have not signed a written labor contract, if the employee provides labor to the employer and accepts its management, direction and supervision, and the employer pays labor remuneration to the employee, it shall be deemed to be a de facto labor relationship." "In this case, after the expiration of the original labor contract signed by the defendant Jiangsu Far East Cement ****, it did not make a decision in time and notify the plaintiff Hong Meifang to re-sign the labor contract, but let the plaintiff Hong Meifang continue to work in the original position of the unit and pay the corresponding labor remuneration to her, which conformed to the requirements of the de facto labor relationship stipulated by laws and regulations.

The termination of the labor relationship not only involves the employment opportunities and survival rights of the employees, but also affects the production and operation of the employer, so it must be treated with caution. In particular, China's labor laws and regulations have made strict restrictions on the unilateral termination of labor relations by an employer, that is, the employer may not unilaterally exercise the right of termination unless there are statutory circumstances. At the same time, Article 29 of China's "Labor Law" stipulates:

Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:

1) Suffering from an occupational disease or work-related injury and confirming that they have lost or partially lost their ability to work;

2) Sick or injured, sentenced to be within the prescribed period of medical treatment;

3) Female employees are pregnant, giving birth, or breastfeeding;

4) Other circumstances provided for by laws and administrative regulations. The reason why subparagraphs (1), (2) and (3) of this article stipulate in the form of law that labor contracts cannot be terminated is to ensure that the rights and interests of employees are not infringed upon under special circumstances.