How long does it take for a work related injury to be recognized after a work related injury?

Within 30 days for the unit, one year for the individual.

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.

Application Form for Identification of Work-related Injury (to be collected and filled in at the work-related injury department of the social security institution);

Copies of the first medical record (medical diagnosis certificate) and relevant examination reports or occupational disease diagnosis certificates (appraisal certificates) (original examination);

A copy of the employee's ID card or temporary residence permit (original copy of the certificate);

A copy of the employee's work attendance record card (attendance sheet) (original copy);

Witness testimony issued by witnesses at the scene (with a copy of the witness's ID card and contact information**) and other circumstantial evidence materials (such as physical evidence, documentary evidence, films, audio recordings, etc.);

If it is a motor vehicle accident injury, a copy of the "Road Traffic Accident Liability Determination" or other valid certificates (original proof) must be provided;

If it is a violent personal injury, the certification materials issued by the public security department at the place where the crime occurred or a copy of the court's judgment must be provided, and the original copy shall be verified);

Other materials, etc.

[Legal Analysis].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 Treatment of Occupational Diseases, the unit to which he or she 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 the accident injury.

[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 enjoy work-related injury insurance benefits; 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 and stupid dismantling;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

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

Legal Analysis:

The unit to which the employee belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area. If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, 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 the occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the co-ordinating area where the employer is located.

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) 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 a medical institution that is close 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 and the work-related injury, as well as the transportation and accommodation expenses required by the injured employee to study for the stove 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 in 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 work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.