I was injured while I was on the job, and now that the statute of limitations for work related injur

Yes, because it is a lawsuit that prevents you from doing the work-related injury determination, which is a force majeure effect that causes the interruption.

Personally, I feel that it is very difficult for the labor department to accept the application, but I can require the employer to bear the cost of work-related injury insurance benefits in accordance with the law (Article 17, Paragraph 4 of the Regulations on Work-related Injury Insurance). FYI, thanks :)

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 statute of limitations for the determination of work-related injuries is within one year, and as long as it does not exceed one year, the work-related injury can be recognized. After one year, you can also pay compensation for personal accident damages. Double indemnity may also be considered.

If the statute of limitations for work-related injury recognition has expired, you cannot apply! ~

Legal analysis: If the time for determining the work-related injury has passed, the employee cannot obtain administrative remedy, but he can still protect his legitimate rights and interests through other remedies, such as filing an administrative lawsuit, applying for labor arbitration or directly filing a lawsuit with the people's court.

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 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 macro-wide 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 for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment 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 of 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**.

Legal Analysis: If the statute of limitations for work-related injury determination is exceeded due to non-employee reasons, the employee can still apply for work-related injury determination. If 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 shall not be counted in the time limit for applying for work-related injury determination.

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) 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 or public interests;

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, in accordance with the relevant provisions of these Regulations, enjoy the insurance benefits of work-related injuries other than a one-time disability subsidy for the town of annihilation.

If the statute of limitations for work-related injury determination is exceeded due to reasons attributable to non-employees, the applicant may still apply for work-related injury determination.

1. Whether the work-related injury can be claimed if it is not determined within the time limit.

Properly handle disputes that have not been recognized as work-related injuries. If, due to reasons attributable to the employer, the employee is unable to determine the work-related injury beyond the statute of limitations, and the worker or his close relatives file a lawsuit with the people's court demanding compensation from the employer, the people's court shall accept it. If, after trial, the people's court is able to determine that the worker meets the requirements for the constituent elements of a work-related injury, it shall order the employer to pay compensation in accordance with the prescribed work-related injury insurance benefits and standards.

2. The materials for work-related injury identification shall be handled in **.

What materials need to be submitted to apply for work-related injury recognition in a place to apply for work-related injury determination.

To apply for work-related injury identification, submit an application for work-related injury recognition to the labor and social security administrative department of the coordinating region.

The following materials shall be submitted to submit an application for determination of work-related injury:

1. Application form for work-related injury identification;

2. Proof of the existence of an employment relationship (including a de facto employment relationship) between the employer and the employee;

3. Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate);

4. The application form for determination of work-related injury shall include the time, place, cause of the accident and the degree of injury of the employee.

3. What are the procedures for determining work-related injuries and what are the statutes of limitations for work-related injury determinations?

The statute of limitations for workers in China to apply for work-related injury recognition has the following provisions: the employer shall apply for work-related injury recognition within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational disease; If the employer fails to apply, the injured employee or his close relatives or trade union organization shall apply within one year from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease.

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: If the time limit for applying for work-related injury recognition is exceeded due to reasons not attributable to the employee or his close relatives, the time delay shall not be counted in the application period 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; Rubber cover.

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.