Is there a statute of limitations for labor injury claims, and is there a time limit for work relate

1. Work-related injury compensation shall be paid by the employer and the work-related injury insurance** according to the project, and the one-time disability subsidy shall be paid in about one month after the issuance of the labor ability appraisal report; The one-time work-related injury medical subsidy and the one-time disability employment subsidy are paid after resignation;

2. If the employer fails to pay work-related injury insurance, all compensation shall be paid by the employer; The employer has purchased commercial insurance, and it is recommended to consult the insurance company that underwrites the claim for specific claims.

Procedures for the Allocation of Work-related Injury Benefits:

1. After the conclusion of the employee's disability appraisal or the approval of the work-related death is issued, the employer shall promptly appoint a special person to contact the work-related injury insurance agency to go through the procedures for the declaration and allocation of benefits.

2. When making the declaration, the employer shall fill in the "Approval Form for the Declaration of Work-related Injury (Death) Insurance Benefits for Employees" and the "Verification and Acceptance Form for Work-related Injury Medical Expenses", together with the original invoice for medical expenses, the "Work-related Injury Recognition Certificate" or "Occupational Disease Diagnosis Certificate", the "Work-related Disability Certificate", the approval of the labor administrative department for the work-related death of the injured employee, the wage payment form for the 12 months before the work-related injury (death), the certificate of supporting immediate family members, the employee's ID card and payment certificate, etc.

3. If it is a traffic accident, it must be reported to the traffic police department for the responsibility analysis and handling opinions of the accident.

Yes, it is valid for one year from the date of the work-related injury. (I'm talking about work-related injury determination).

The company's recognition stipulates that it is one year, and the work-related injury insurance benefits are enjoyed for life after the identification, and are not limited by the statute of limitations.

Generally one year, unless there is a special reason.

What kind of insurance do you buy? Social security or commercial insurance.

Legal Analysis: The time limit for filing a lawsuit for work-related injuries is limited. 1 year statute of limitations, 15 days for filing a lawsuit against an arbitral award. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

Legal basis: Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 27 The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration is calculated from the date on which the parties to the letter know or should know that their rights have been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated. Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended.

The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated. If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the imitation of the termination of the employment relationship is terminated, it shall be filed within one year from the date of termination of the employment relationship.

Legal Analysis: It is uncertain how long it will take for a work-related injury claim to lapse. The determination of work-related injury is to be recognized by the enterprise within one month after the occurrence of the work-related injury, and if the enterprise does not apply for more than one month, the employee or his family can apply for recognition, and the statute of limitations is within one year, not more than one year, and the subsequent period is different according to the specific procedure, so how long it will be invalid cannot be determined.

Legal basis: "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, his close relatives or trade union organization may 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 within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. In accordance with the provisions of the first paragraph of this Article, the matters that should be determined by the provincial-level social insurance administrative department shall be handled by the social insurance administrative department of the districted city at the districted city where the employer's family is not 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.

Article 28 After one year from the date of the conclusion of the appraisal of working ability, if the injured employee or his close relatives, his unit or the handling agency believe that his or her disability has changed, he or she may apply for a review and appraisal of his or her working ability.

The statute of limitations for workers' compensation claims is as follows:

1. The determination of work-related injury is within one month after the occurrence of work-related injury, and if the enterprise does not apply for more than one month, the worker or his family can apply for recognition, and the statute of limitations is within one year, not more than one year, and if it exceeds it, it shall be regarded as a waiver of rights;

2. At the same time as the work-related injury is identified, you can apply for labor ability appraisal. When the conclusion of the labor ability appraisal is out, the employer can be required to pay the work-related injury benefits, and if the employer does not pay, it can immediately apply for arbitration.

The process of determining work-related injuries is as follows:

1. Investigate the occurrence of the accident, do relevant evidence fixing work, preserve some evidence that is easy to be lost or destroyed, and make investigation records in a timely manner for some witnesses who are highly mobile or have no fixed occupation.

2. Make the "Application Form for Work-related Injury Identification" and fill in the "Application Form for Work-related Injury Identification".

3. Submit the application form and the applicant to the past department of the place where the work-related accident occurred;

4. Contact the labor department in time to see if there is a need to supplement and correct the materials.

5. Receive a work-related injury certificate or a notice of inadmissibility.

Legal basisArticle 20 of the Regulations on Work-related Injury Insurance.

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, and notify the employee or his close relatives in writing and the worker's work unit.

The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion.

Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.

Workers' compensation is time-limited, and the employer must report the details of the worker's injury to the local human resources and social security bureau within one month of the accident. Failure to file within the time limit, or the employer is unwilling to make the declaration. The injured employee, or the employee's family member, must report the injury within one year of the accident.

After the work-related injury is determined, the employee's family can apply for an appraisal of labor ability, and then apply for labor arbitration.

1. Issues to be paid attention to in work-related injury litigation.

1. Timeliness. The Regulations on Work-related Injury Insurance 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 Control of Occupational Diseases, the employer shall submit an application for recognition of work-related injury to the local labor and social security administrative department within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease.

2. Retain evidence. If there is no written employment contract, additional evidence should be retained. For example, pay slips, receipts of fees received by the employer when signing the labor contract, attendance records, etc.

3. Pre-reconsideration. According to the provisions, if an employee applying for a work-related injury determination, his or her immediate family members, or the employee's unit is not satisfied with the conclusion of the work-related injury determination, the relevant units and individuals may apply for administrative reconsideration in accordance with the law; Those who are dissatisfied with the reconsideration decision may initiate an administrative lawsuit in accordance with law.

2. Is work-related injury compensation paid to individuals?

The portion of the work-related injury benefits paid by the work-related injury insurance** is transferred to the account selected on the review application form after applying for the work-related injury benefit review, which can be an employee or a company account. Consensus between employees and the unit is required. In many cases, there are cases where the employer pays the medical expenses in advance, so the choice will be given.

Workers' compensation includes the payment of ** by the work-related injury insurance**, ** expenses, living expenses during hospitalization, as well as a one-time disability allowance for disability and the corresponding level of allowance. The employer pays the employee's wages during the period of work-related injury, a one-time employment subsidy for the chain and disability, and a one-time medical subsidy to determine the payer according to local regulations.

The work-related injury benefits are reviewed after the completion of the examination or the issuance of the labor ability appraisal results, and after the application is submitted to the social security. The main materials are: application form for review of work-related injury benefits, medical termination or labor ability appraisal form, medical records, discharge summary, medical invoice and hospitalization list, work-related injury certificate and a copy of my ID card.

The injured employee shall be granted treatment within 60 days after applying.

The statute of limitations for work-related injury benefits is as follows: 1. Work-related injury compensation includes the **fee, **fee, living expenses during hospitalization, and one-time disability subsidy and corresponding level of allowance paid by work-related injury insurance. The employer pays the employee's wages during the period of work-related injury, as well as a one-time employment subsidy for disability, and the one-time medical subsidy is determined to be paid according to local regulations.

2. Compensation time: First, the first-class period expenses and one-time disability subsidies are issued within 60 days after the employee applies for work-related injury benefits. There is no legal deadline for employees to apply.

Second, a one-time medical subsidy and a one-time disability allowance. It is enjoyed when the employee and the employer terminate the labor relationship. Third, the employee's salary during the period of work-related injury should be paid by the employer on a monthly basis.

3. According to Article 38 of the Social Insurance Law, the following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations: (1) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (Sanhu manuscript late) transportation and accommodation expenses for medical treatment outside the co-ordination area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee. Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the state:

1. Wages and benefits during the period of work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 17 of the Regulations on Work-related Injury Insurance stipulates 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 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.