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is after the injury, which can be immediately or a little later; But be aware of the maximum time limit and don't run out of time.
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To apply for a work-related injury identification, the injury must be within one month.
Article 17 of 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 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.
Matters that shall be determined by the provincial-level labor and social security administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the labor and social security 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.
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Legal analysis: The work-related injury certificate will take effect on the date of issuance, but the application for labor ability appraisal can only be submitted after 6 months.
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;
2) Drunkenness or drug abuse;
3) self-harm or suicide;
4) Other circumstances provided for by laws and administrative regulations.
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Generally, the employer should apply within one month, and the injured employee can 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, within 30 days from the date of the accident injury, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. If the company requests an extension of the time limit for applying for work-related injury recognition due to special reasons, it shall submit a written application to the district human resources and social security bureau within 30 days from the date of the employee's injury, and explain the reasons for the extension.
If the application time limit is appropriately extended if the conditions are met after being reviewed by the District Human Resources and Social Security Bureau.
After resignation, you can get a work-related injury appraisal. An injured employee or his close relatives or a trade union organization may, if the employer has not applied for it, apply for a work-related injury recognition within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease; Apply for labor ability appraisal after the injury is relatively stable. >>>More
Whether a disability appraisal must be done after a work-related injury is determined to be decided on a case-by-case basis >>>More
An application for an injured worker's appraisal is called a worker's ability to work. It should have been signed by the injured worker. If you start first, you probably won't be able to put pen to paper. >>>More
1. After the appraisal results of work-related injuries are obtained, there is a basis for applying for labor arbitration and requiring the employer to pay various work-related injury benefits. >>>More
1.According to the relevant provisions of the Regulations on Work-related Injury Insurance, if the employer has paid the work-related injury insurance normally, the one-time disability subsidy shall be borne by the work-related injury insurance**, and the injured employee must report the relevant materials to the local work-related injury insurance administrative department, such as the work-related injury determination decision, the labor ability appraisal conclusion, the copy of the ID card, the relevant medical certificate, etc., which shall be allocated by the work-related injury insurance** according to the regulations. >>>More