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Within one month after the accident, the employer needs to apply for a work-related injury determination, if it is more than one month, then the application cannot be made by the unit, but by the employee himself. As long as the employee agrees to apply for work-related injury, and the entrusted unit handles it, he can also apply for work-related injury recognition. However, the expenses incurred before the recognition shall be borne by the unit.
In accordance with 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 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.
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Within a year, there is no hard and fast rule on how long to report
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If the information is complete and the company cooperates, the possibility is great.
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Yes, the criteria for determining work-related injuries: during the period of work-related absence, the person is injured due to work reasons or the whereabouts of the accident are unknown; Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; Those who are injured in an accident due to work-related reasons during working hours or in the workplace.
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) During working hours and in the workplace, He Rang was injured in an accident 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 where work is carried out;
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 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 standards for work-related injury insurance hospitalization services 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 and accommodation expenses required for the work-related injury to seek medical treatment outside the co-ordination area shall be paid by the work-related injury insurance after the certificate issued by the medical institution and the consent of the operating machine funnel structure, and the specific standard of payment shall be stipulated by the people of the co-ordination area.
Injured employees who are not injured at work shall not enjoy work-related injury medical treatment 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**.
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