How long is the statute of limitations for applying for a work related injury determination under th

Article 7 of the Measures for the Determination of Work-related Injuries stipulates that: "If the application materials provided by the applicant for work-related injury determination are complete, within the jurisdiction of the labor and social security administrative department and within the time limit for acceptance, the labor and social security administrative department shall accept the application." "Although the "Measures for the Determination of Work-related Injuries" does stipulate that the statute of limitations for an application for recognition of work-related injuries is one year, it does not stipulate that the labor insurance department will not accept the application after one year.

With regard to the issue of the one-year statute of limitations, it should be understood that after one year, if the labor and social security department does not accept the application, it will not be an administrative inaction, but the law does not stipulate that it cannot be accepted after more than one year. From the perspective of protecting the legitimate rights and interests of employees, both the employer and the labor insurance department should accept and determine the application that exceeds the time limit. There are also those who argue:

However, Article 11 of the Interpretation of Personal Injury Compensation clearly stipulates that this article does not apply to those who fall within the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance. and Article 12 of the Act

If an employee of an employer who is required to participate in the overall planning of work-related injury insurance in accordance with the law suffers personal injury due to a work-related accident, and the worker or his close relatives file a lawsuit with the people's court requesting the employer to bear civil liability, the notice shall be handled in accordance with the provisions of the Regulations on Work-related Injury Insurance. Where a third party other than the employer infringes upon a worker's personal injury, and the compensation rights holder requests that the third party bear civil liability, the people's court shall support it. "From Article 12 of the Regulations on Work-related Injury Insurance, it can be understood that if the work-related injury caused by the infringement of a third party by an employee at work exceeds the one-year limitation period, the labor and social security department is not within the scope of "shall be accepted".

After an employee suffers a work-related injury, within 30 days from the date of the work-related injury, the employer shall report the work-related injury, and if the employer refuses to do so, the individual employee or his close relatives may report within one year, and the work-related injury shall not be recognized after the time limit is exceeded.

The validity period of the application for work-related injury recognition is that the employer shall apply within one month, and the injured employee may apply within one year. 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.

Legal basisArticle 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 submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease. 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 the 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 local 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.

What are the criteria for determining work-related injuries?

1. Being injured in an accident during working hours and in the workplace due to work 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;

4. Suffering from occupational diseases;

5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;

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

Legal analysis: After the accident occurs at work, the unit shall apply for the determination of work-related injury within 30 days (time limit), and the unit can also apply for more than 30 days and no more than 1 year (statute of limitations), 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 close relatives can apply for recognition to the social insurance administrative department (Human Resources and Social Security Bureau) within one year (statute of limitations).

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace 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) On the way to and from work, being injured in a motor vehicle accident;

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

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Former service in the army, disabled due to war or duty injuries, has obtained the certificate of revolutionary disabled soldiers, and is injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall be entitled to work-related injury insurance benefits in addition to a one-time disability subsidy in accordance with the relevant provisions of these Regulations.