What should I do if the work related injury exceeds the time limit, and what should I do if the work

If the statute of limitations is exceeded, it cannot be recognized as a work-related injury, if the statute of limitations for infringement is not exceeded, you can try this remedy, but this needs to prove that the employer is at fault. The following is the procedure for the identification of work-related injuries: 1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Documents to be submitted:

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. The compensation standards are different from province to province. Depending on the level of disability, the compensation received is not the same. The main compensation is:

Medical expenses, one-time disability allowance, one-time disability employment subsidy, one-time medical subsidy for work-related injuries, wages during the period of leave of absence, food allowance, nursing expenses, etc.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

You have exceeded the effectiveness of a year.

You can only go to court to sue and pay compensation according to personal injury.

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

After the time limit for determining work-related injuries, the employee loses the remedy for work-related injury compensation, and may try to claim relief through the tort compensation channel.

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.

Legal analysis: After the time limit for determining work-related injuries, you can file a lawsuit in the people's court to claim compensation for personal injury. 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 or her immediate family members, or the trade union organization may, within one year from the date of occurrence of the accident stool 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 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) During working hours and in the workplace, being injured by accidents such as violent and rough force 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) Being injured in a motor vehicle accident while commuting to or from work;

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 interests or public disturbances and shout for the common interest;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were 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 enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

If the time limit for reporting work-related injuries is exceeded, if it is caused by reasons not attributable to the employee or his close relatives, the time delayed shall not be counted in the time limit for reporting, and the employee may still apply in accordance with the law. If it is caused by the employee or his/her close relatives, he or she cannot apply for a work-related injury determination.

[Legal basis].Article 7 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance.

Where the time limit for applying for work-related injury determination is exceeded due to reasons not attributable to the employee or his or her close relatives, the time delayed is not counted in the time limit for applying for work-related injury determination.

In any of the following circumstances, the delay in the application time shall be found to be not due to the employee's or his close relatives' own reasons:

a) Force majeure;

2) Personal liberty is restricted;

3) It is due to the employer;

4) The registration system of the social insurance administrative department is not perfect;

5) The parties apply for arbitration and file a civil lawsuit on whether there is a labor relationship.

If it is determined that the time for work-related injury has been exceeded, a civil tort lawsuit may also be filed to claim compensation for personal injury. It is not possible to apply for recognition of work-related injury for more than one year, but the employer may be required to pay compensation in accordance with the compensation standard for personal injury compensation. According to the regulations, the work-related injury appraisal shall be within one year after the injury.

Including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, etc., the compensation obligor shall compensate.

[Legal basis].Article 17 of the Regulations on Work-related Injury Insurance.

If an employee is injured in an accident or is diagnosed with a bridge collapse or is identified 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 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 immediate family members, or the trade union organization may directly submit an application for determination of work-related injury to the labor and social security 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.

After the application period for work-related injury recognition has passed, the application for work-related injury recognition cannot be made again. However, the injury was caused by the careless operation of the maintenance worker in the factory, and I was not at fault, because the worker's behavior was an act of duty, so the responsibility should be borne by the factory where he worked. You can negotiate with the factory, and if the negotiation fails, you can slide through the lawsuit to settle it, and the court will protect the legitimate rights and interests.

Article 7 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Work-related Injury Insurance Administrative Rounds of Cases Article 7 Where the time limit for applying for work-related injury determination is exceeded due to reasons not attributable to the employee or his close relatives, the time delayed shall not be counted in the time limit for applying for work-related injury determination. In any of the following circumstances, the delay in the application time shall be deemed not to be due to the employee's or his close relatives' own reasons: (1) Force majeure cave yuanxin; 2) Personal liberty is restricted; 3) It is due to the employer; 4) The registration system of the social insurance administrative department is not perfect; 5) The parties apply for arbitration and file a civil lawsuit on whether there is a labor relationship.