Can I still claim compensation after the work related injury appraisal period??? 5

Since you have not applied for a work-related injury determination, you can only negotiate with the employer to fight for some compensation, and the labor arbitration has also lost the statute of limitations, that is, the claim for civil compensation for personal injury has also exceeded the statute of limitations. Let's take a look at the legal requirements below.

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.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

General Principles of the Civil Law of the People's Republic of China

Article 136:The following statute of limitations periods are one year:

1) Claims for compensation for bodily injury;

If you were found to have suffered a work-related injury at the time, you can now apply for an appraisal.

If you don't have a certificate, you can't apply for an appraisal.

Without a work-related injury determination, it may be difficult to enjoy work-related injury benefits.

Legal analysis: The validity period of compensation after work-related injury appraisal is one year, and the compensation should be applied for within one year, otherwise the statute of limitations for litigation will have passed.

Legal basis: 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, and provide relevant materials on the work-related injury determination decision and the medical treatment of the employee's work-related injury.

Legal analysis: The validity period of compensation after work-related injury appraisal is one year, and compensation should be applied for within one year, otherwise the statute of limitations will have passed.

Legal basis: Regulations on Work-related Injury Insurance》 Article 23 The employer, the injured employee or his close relatives shall submit an application to the Labor Ability Appraisal Committee of the city divided into districts, and provide the relevant information on the work-related injury determination decision and the employee's work-related injury medical treatment.

There are two types of validity periods for compensation after the work-related injury appraisal results are issued: 1. Compensation for participating in work-related injury insurance, that is, the employer must submit an application for work-related injury recognition to the labor and social security administrative department within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease. 2. Apply for compensation for work-related injury insurance.

In the event of a dispute arising from a labor dispute in which an employer fails to pay work-related injury benefits in a timely manner due to various reasons, the time limit for applying for arbitration is one year.

Article 17 of the Regulations on Work-related Injury Insurance and Air 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 Control of Occupational Diseases and Hunger, 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 labor and social security administrative department of the coordinating area. In case of special circumstances, it shall be reported to the labor and social security administrative department for work-related injury appraisal procedures.

The occurrence of industrial accidents is an unfortunate thing for any victim, because the occurrence of such incidents will not only affect their work, but also bring financial pressure to their families, but when encountering such problems, we still have to actively deal with them, on the other hand, as long as there is a work-related accident, there will definitely be relevant compensation, then, how long is the compensation valid after the work-related injury identification? The validity period of compensation after work-related injury appraisal Whether it is work-related injury identification or work-related injury grade appraisal, in the final analysis, it is necessary to carry out work-related injury treatment compensation to ensure that the legitimate rights and interests of the parties are effectively implemented and not infringed. There are two types of applications for work-related injury compensation.

One is to participate in work-related injury insurance for compensation. The time limit to be noted here is the same as that for work-related injury determination, that is, the employer must submit an application for work-related injury recognition to the labor and social security administrative department within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. If the employer submits an application for work-related injury determination within the time limit prescribed by law, the employer shall bear the relevant expenses such as work-related injury benefits that meet the requirements of the "Work-related Injury Insurance Regulations" during this period.

Therefore, it is necessary to remind the insured employers not to underestimate the 30-day time limit for the determination of work-related injuries. The other is compensation for participation in work-related injury insurance. In the event of a work-related injury, the employer is unable to pay the work-related injury benefits in a timely manner due to various reasons and disputes arising from labor disputes, the time limit for applying for arbitration shall be one year, and the arbitration period shall be calculated from the date on which the parties know or should know that their rights have been infringed.

Other time limits for work-related injury compensation: 1. The time limit for applying for labor capacity review and appraisal is from the date of the conclusion of the labor ability appraisal: 1 year later.

2. After the work-related injury is determined, the social insurance administrative department shall keep the relevant materials of the work-related injury identification: 50 years. 3. One of the circumstances that is regarded as a work-related injury is that the employee dies within a certain period of time due to sudden illness at work and at work, and the certain time is:

5. Time limit for arbitration award for work-related injury disputes: within 45 days of accepting the arbitration application, and within 60 days if the case is complicated. 6. Time limit for a worker to file a lawsuit with the people's court if he is dissatisfied with the arbitration award of a work-related injury dispute:

Within 15 days from the date of receipt of the arbitral award. To sum up, we can understand the gap answer to the question of the compensation period after the work-related injury identification, and pay special attention to this kind of problem, especially for the victim who is in the work-related injury rights protection period, because this is a true reflection of the specific situation involving his work-related accident compensation, if he can no longer obtain the corresponding compensation within the effective period, then the consequences may be more serious.

1. The validity period of compensation after work-related injury appraisal is handled in different situations

1) If it is compensation from work-related injury insurance, after the work-related injury appraisal is made, the work-related injury insurance will directly compensate for it, and there is no provision for the validity period;

2) If the employer claims compensation, the time limit for applying for labor arbitration is one year, and the calculation generally starts after the work-related injury appraisal conclusion is made;

3) If an application is made to the court for enforcement of the award after the labor arbitration award has been made, the time limit for applying for enforcement is 2 years.

2. Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance in accordance with national regulations

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 51 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

The parties shall perform on legally effective mediation documents or rulings within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court accepting the application shall enforce it in accordance with law.

1. Who bears the appraisal fee for work-related injuries?

The disability appraisal fee made in the litigation shall be paid by the applicant first, and then the claim shall be filed against the responsible person, and finally the court shall mediate or make a judgment.

1. First of all, it is necessary to clarify the disability liability, if the other party is fully responsible, the appraisal fee will be paid by the other party in the end, but the victim should pay in advance, and claim compensation from the other party at the time of mediation or litigation;

2. If both parties have their own responsibilities, the applicant shall pay in advance, and when claiming compensation, it shall be apportioned according to the proportion of the division of responsibilities together with other expenses that need to be compensated;

3. If there is any objection to the disability appraisal, the party with the objection shall pay it, and the applicant shall pay it first, and this amount shall be included in the claim when the subsequent claim is settled.