Whether the work related injury application is filed by the factory or the injured employee

According to the regulations, within 30 days after the incident, the injured person or his family members shall submit an application for recognition of work-related injury within one year after the occurrence of the accident by the labor and social security administrative department of the region where the employer is located.

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.

The employer shall submit the application within 30 days, and the individual may file the application within one year after the 30 days.

The employer shall submit an application for recognition of work-related injury within 30 days from the date of injury or the date of diagnosis or appraisal of occupational disease. If the employer fails to submit an application within 30 days, the injured employee or his close relatives may apply for recognition of work-related injury within one year.

If the travel activities organized by the unit are work-related reasons, the employee shall be regarded as a work-related injury if he or she is injured by the unit. Work-related injuries are all caused by injuries caused by the performance of routine work and work temporarily assigned or agreed by the administration of the enterprise, work that is not designated by the administration of the enterprise but is beneficial to the enterprise in case of emergency, and work that is not designated by the enterprise administration.

Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China: (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations. Article 28 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.

Is it a work-related injury only if it is injured at work? This statement is incorrect, and these seven situations can be applied for work-related injuries.

If an employee is injured in an accident, the unit to which he belongs shall, within 30 days from the date of the accident injury, submit an application to the labor and social security department for recognition of work-related injury. If the employer does not submit an application for recognition of work-related injury, the injured employee, his or her immediate family members, or the trade union organization may directly apply to the labor and social security department where the employer is located for recognition of work-related injury within one year from the date of occurrence of the accident injury.

The procedures and materials required for the employee's work-related injury application are as follows: 1. The employer shall apply to the relevant departments for work-related injury recognition and submit materials, including the application form for work-related injury determination, labor relationship certificate and diagnosis certificate; 2. After receiving the application, the relevant departments will review the materials; 3. The relevant departments shall make a decision on whether to identify it as a work-related injury based on the submitted information and the actual situation.

Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury identification: (1) Application form for work-related injury identification; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate). The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

If the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant in writing of all the materials that need to be supplemented and corrected at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the Social Insurance Administration Department shall accept the application. Article 23 of the Regulations on Work-related Injury Insurance The employer, the injured employee or his or her close relatives shall submit an application to the Labor Ability Appraisal Committee of the city divided into districts for the appraisal of the working ability, and provide the relevant materials on the determination of the work-related injury and the medical treatment of the work-related injury.