Is a work related injury too long not protected by law?

1. As long as the application for work-related injury recognition is applied, then the incident is qualitative, and the employee is protected by law. If it is an issue of work-related injury compensation, it is necessary to apply for labor arbitration within one year after the compensation dispute occurs, and the statute of limitations for labor arbitration is one year.

2. In accordance with 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.

Labor Dispute Mediation and Arbitration Law

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. 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.

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 labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

1.According to Article 17 of the Regulations on Work-related Injury Insurance, if an employee is injured in an accident, the employer shall apply for recognition of work-related injury within 30 days from the date of occurrence of the accident. If the employer fails to submit an application for work-related injury determination in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives may, within one year from the date of occurrence of the accident injury, directly submit an application for work-related injury recognition to the social insurance administrative department where the employer is located.

2.If the one-year maximum time limit for filing a work-related injury application has expired, the labor department will not accept the application for work-related injury recognition, and the injured person will not be able to receive compensation through the work-related injury.

3.If you don't understand anything, you can call 12333 directly to consult the local labor department.

Yes. Generally, it is within one year from the date of occurrence of the accident injury or the date of diagnosis and identification of the occupational disease.

Legal analysis: There are two types of applications for work-related injury compensation in terms of time limit. One is compensation for participation in work-related injury insurance.

The time limit to be noted here is the same as that for work-related injury determination, that is, the employer must submit an application for work-related injury recognition to the labor and social security administrative department within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. If the employer submits an application for work-related injury recognition within the time limit prescribed by law, the employer shall bear the relevant expenses such as work-related injury benefits that meet the requirements of the Regulations on Work-related Injury Insurance during this period. Therefore, it is necessary to remind the insured employers not to underestimate the 30-day time limit for the determination of work-related injuries.

The other is compensation for participation in work-related injury insurance. In the event of a work-related injury, the employer is unable to pay the work-related injury benefits in a timely manner due to various reasons, and the time limit for applying for arbitration is one year, and the arbitration period is calculated from the date on which the parties know or should know that their rights have been infringed.

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; Brother Zhaoze.

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

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

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the employee is injured in a shed and goes to a medical institution that has signed a service agreement for work-related injury, it shall be paid from the work-related injury insurance** if it meets the requirements.