What should I do if the determination of work related injury is unfair?

If you are not satisfied with the appraisal result, you can apply to the provincial labor ability appraisal center for re-appraisal within 15 days.

The provincial appraisal conclusion is final.

If there are sufficient reasons and grounds (clarifying the legal provisions, it cannot be just dissatisfied), and you are not satisfied with the final conclusion, you can file an administrative lawsuit with the court to sue the functional department for dereliction of duty.

[Legal Analysis].If an injured employee is not satisfied with the conclusion of the disability level, the correct approach should be to go through a bottom-up review procedure to ensure the fairness and reasonableness of the appraisal work. That is, if the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee at the districted city level, it may submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion.

The labor ability appraisal conclusions made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government are the final conclusions.

[Legal basis].Regulations on Work-related Injury Insurance》 Article 20 The administrative department of social insurance shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury recognition, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury recognition. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear. Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion.

Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.

a) is to conduct administrative reconsideration:

The main body of the applicant is:

Employers. Injured employees or immediate family members.

Trade union organizations. 2) The respondent is the labor department that made the determination of work-related injury.

3) Administrative reconsideration is a slippery organ.

The Ministry of Labor that made the determination of work-related injuries was made to the labor department at the next higher level.

The people at the same level of the labor department who made the determination of work-related injury**.

4) Time limit for applying for reconsideration.

Inadmissibility: Within 60 days from the date of receipt of the inadmissibility decision.

Dissatisfaction with the conclusion of the work-related injury: within 60 days from the date of receipt of the work-related injury conclusion.

No work-related injury determination within the time limit: 60 days after the expiration of the period.

5) Materials submitted for reconsideration application.

Petition for Reconsideration.

A decision made by a work-related injury determination institution not to accept an application for work-related injury determination or a work-related injury determination decision.

Relevant materials to be submitted when applying for work-related injury determination.

6) Within 5 days from the date of acceptance and receipt of materials for administrative reconsideration.

7) Within 60 days from the date of acceptance of the hearing and decision of administrative reconsideration.

2) The second way is to conduct administrative litigation:

1. There are three situations in which the court accepts an administrative lawsuit:

The labor department is not satisfied with the rejection or the conclusion of the work-related injury.

Dissatisfaction with administrative reconsideration.

The reconsideration organ does not make a reconsideration decision within the time limit.

2. Time limit for filing a lawsuit:

For direct prosecution, within 3 months from the date of receipt of the conclusion of inadmissibility or work-related injury, within 15 days from the date of receipt of the reconsideration decision, and after reconsideration.

In any of the following circumstances, the relevant units or individuals may apply for administrative reconsideration in accordance with law, and may also file an administrative lawsuit in the people's court in accordance with law:

1) The employee applying for a work-related injury determination, his or her close relatives, or the employee's unit is dissatisfied with the decision not to accept the application for work-related injury determination;

2) The employee applying for a work-related injury determination, his or her close relatives, or the worker's unit, are not satisfied with the work-related injury determination conclusion;

3) The employer is not satisfied with the unit payment rate determined by the handling agency;

4) The medical institution or assistive device allocation body that signed the service agreement believes that the handling agency has not performed the relevant agreement or provisions;

5) The injured employee or his close relatives have objections to the work-related injury insurance benefits approved by the handling agency.

Article 55 of the Regulations on Work-related Injury Insurance stipulates that under any of the following circumstances, the relevant units or individuals may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit with the people's court in accordance with the law:

1) The employee applying for a work-related injury determination, his or her close relatives, or the employee's unit is dissatisfied with the decision not to accept the application for work-related injury determination;

2) The employee applying for a work-related injury determination, his or her close relatives, or the employee's work unit, are not satisfied with the work-related injury determination conclusion;

3) The employer is not satisfied with the unit payment rate determined by the handling agency;

4) The medical institution or assistive device allocation body that signed the service agreement believes that the handling agency has not performed the relevant agreement or provisions;

5) The injured employee or his close relatives have objections to the work-related injury insurance benefits approved by the handling agency.