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If an employee is injured in an accident within a time limit, the employer shall submit an application for determination of work-related injury to the labor and social security department within 30 days from the date of occurrence of the accident.
1. If the employer fails to submit an application for recognition of work-related injury, 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 injury, directly submit an application for recognition of work-related injury to the labor and social security department where the employer is located.
2. If the injured employee does not submit a work-related injury determination within one year after the occurrence of the work-related injury, it is equivalent to giving up his rights and interests.
3. The following materials shall be submitted when submitting an application for determination of work-related injury:
Application Form for Determination of Work-related Injury (collected by the local labor department).
Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer.
Medical diagnosis certificate (including copies of outpatient medical records, emergency medical records, and inpatient medical records).
Within 60 days from the date of receipt of the application for work-related injury determination, the labor and social security department shall issue a "Work-related Injury Determination" and notify the unit, the employee or his or her relatives.
Employees can apply for work-related injury disability appraisal and enjoy work-related injury benefits with the "Work-related Injury Certificate".
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Twenty-four hours after the injury.
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The work-related injury was not reported at the time, and when I calmed down, I heard that there was a time limit for reporting the work-related injury or that I could not enjoy social security benefits after the identification.
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1.According to Article 17 of the Regulations on Work-related Injury Insurance, 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 employer shall submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. 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.
2.To put it simply, within 30 days after the occurrence of a work-related injury, the employer must declare, and if the employer does not declare, the individual employee can make the declaration within one year of the work-related injury.
3.If you don't understand anything, you can ask or call 12333 directly to consult the local labor department!
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There is a time limit for reporting work-related injuries, that is, applying for work-related injury recognition, that is, the following provisions 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 social insurance administrative department of the coordinating region. In case of special circumstances, the application time 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 or her 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 unit is located.
Matters that shall be determined by the provincial-level social security 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.
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A work-related injury generally refers to an injury sustained while on the job. If an employee is injured at work, it is necessary to make a work-related injury determination, and a professional organization will determine whether it is a work-related injury. If it is a work-related injury, the employee can get a certain amount of workers' compensation.
There is a time limit for the determination of work-related injuries. According to the relevant provisions of Chinese law, the employer shall apply for a work-related injury determination within 30 days of the occurrence of a work-related injury. If the employer does not apply, the employee or his or her family can apply for a work-related injury determination within one year.
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Is there a time limit for reporting a work injury? Of course, under normal circumstances, the labor law has long stipulated that the report of work-related injuries cannot exceed 24 hours, if it exceeds 24 or 24 hours, then it will definitely be troublesome, right? Therefore, if there is an industrial or commercial company, it is the right choice to report the case immediately.
Don't delay.
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It is useless to report to the police injury, mainly because you need to rely on the coordination of the labor arbitration department, you now need to provide your own contract certificate, the salary slip of your work here, and the evidence of your communication with the relevant personnel, secondly, you have to prepare your industrial and commercial injury report, or the ** taken on the same day and the testimony of eyewitnesses, etc., and then go to the labor bureau for arbitration, explain the situation to them, and they will come to negotiate and mediate.
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I think you can sue and go to court to accuse them, because it has been delayed for two months, and if the time is too long, it will affect the results of the work-related injury appraisal.
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I've always wondered what the concept is.
If you have not been recognized, but you have already applied for it, there is no problem.
It is useless to call the police, and the police don't care about it.
If the employer does not apply, you can apply for recognition individually.
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Normally, there should be a time limit for reporting work-related injuries, and we limit work-related injuries to 48 hours. If the case is not reported within 48 hours, it can cause a series of problems.
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You had an accident on the construction site, and now it's been more than two months, and you have been reporting the work injury but not getting it right, and you always said that you can't do it well today and tomorrow, and you can call the police now.
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If a work-related injury occurs in the workplace, it must be reported within 24 hours, otherwise the statute of limitations will not be recognized. In your case, the reporting time has passed, and now the police can only give some compensation, and it cannot be determined that it is a work-related injury.
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If you have been injured at work and the employer has not made compensation, even if such a long time has passed, you can choose to report the case, because you have been injured at work, and the employer needs to make compensation.
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The employer shall apply for a work-related injury appraisal within 30 days from the date of the worker's work-related injury, and if the company does not apply, the employee shall apply for an appraisal within one year from the date of the work-related injury.
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Is there a time limit for reporting a work injury? The first evidence is kept, and the first work-related injury identification, and some materials of the work-related injury in the hospital must be kept.
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Is there a time limit for reporting a work injury? Industry and commerce do not need to report the case, industry and commerce are your passes. Then a disability assessment is done.
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First of all, there must be a time limit for reporting work-related injuries, and there is no time limit, how to investigate? How to go about reimbursing you must have a time limit?
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1. What are the time requirements for work-related injury declaration?
1. The time requirement for the declaration of work-related injuries is that the declaration shall be made within one year from the date of injury of the worker. If there is accident insurance, it needs to be reported within 24 hours, otherwise it will not be reimbursed, and the time for the unit to apply for the recognition of work-related injury is one month.
2. Legal basis: Article 14 of the Regulations on Work-related Injury Insurance.
In any of the following circumstances, it shall be found to be a work-related injury:
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.
2. What are the types of work-related injuries?
1. Classification according to the degree of injury. It is generally divided into minor injuries and major injuries. It can also be divided into moderate injury, non-life-threatening serious injury, life-threatening serious injury, critical, alive and unknown;
2. Classification according to the causative factors. mechanical injuries such as cuts and puncture wounds caused by sharp objects, contusions caused by blunt objects, crush injuries caused by building collapses, fractures caused by falls from heights; physical injuries such as burns, burns, frostbite, electrical damage, ionizing radiation damage; Burns caused by chemical injuries such as strong acids, alkalis, phosphorus and hydrofluoric acid;
3. Classification according to the injured part. It can be divided into head injury, facial injury, chest injury, abdominal injury and limb injury;
4. According to whether there is a wound on the surface of the mucosa or mucosa, it is divided into open injury and closed injury;
5. According to the number of injured tissues and organs, it can be divided into single injury and multiple injury.
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Legal Analysis: There is a time limit for reporting work-related injuries, within one year from the date of work-related injury. 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 Control of Occupational Diseases, the unit to which he or she 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 area.
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 injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, 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 due to non-work-related injuries and are treated in accordance with the medical insurance measures of the company.
The cost of work-related injury to the medical institution that has signed the service agreement for work-related injury**, if it meets the requirements, shall be paid from the work-related injury insurance**.
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Time for reporting work-related injuries: If an employee is injured in an accident, the employer shall submit an application for work-related injury recognition to the social security administrative department within 30 days from the date of occurrence of the accident. If the employer fails to submit an application for recognition of work-related injury, the injured employee or his immediate family members or trade union organization shall do so within one year from the date of the accident.
[Legal basis].
Article 17 of the Regulations on Work-related Injury Insurance Article 17 If an employee is injured in an accident or is diagnosed or 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 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 area. In case of special circumstances, with the consent of the social insurance administrative department, the time limit for application may be appropriately extended. 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 directly submit an application for determination of work-related injury to the labor and social security administrative department of the co-ordinating 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.
The statute of limitations for requesting work-related injury insurance benefits is one year for an injured employee to apply for work-related injury determination, and one year for applying for labor dispute arbitration in the event of a dispute with a work-related injury insurance benefit of the employer.
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