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Depending on how old the work-related injury is, if it has been more than one year since the date of the accident, it may not be possible to apply for a work-related injury recognition because the statute of limitations has expired.
According to the Regulations of the People's Republic of China 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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The statute of limitations for determining work-related injuries has passed, so let's file a lawsuit in court.
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Your question involves the concept of "Old Work Injury", please refer to the encyclopedia.
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After all this time, do you still think about yesterday?
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1. Can I still do an appraisal after the work injury is healed?
1. If the work-related injury is good, it can still be identified. 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.
2. Legal basis: Article 30 of the Regulations on Work-related Injury Insurance.
Employees who are injured in accidents or suffer from occupational diseases due to work are entitled to 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 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**.
2. Can work-related injuries be reimbursed?
Work-related injuries can be reimbursed. Laws and regulations only stipulate that the medical expenses and hospitalization expenses of work-related injuries shall be paid by work-related injury insurance, and if they do not participate in work-related injury insurance, they shall be paid by the employer, but there is no clear provision that the worker or the employer must pay in advance.
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Summary. <>
Hello dear! If the old work-related injury is a**, the worker can apply for recognition within one year after the work-related injury**, and the relevant documents, diagnosis certificates, application forms and other materials must be provided when applying for the recognition. Article 15 of the Regulations on Work-related Injury Insurance stipulates that if an employee has any of the following circumstances, it shall be regarded as a work-related injury:
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 the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.
Can an old work-related injury still apply for work-related injury recognition?
Hello dear! If the old work-related injury is a**, the worker can apply for recognition within one year after the work-related injury**, and the relevant documents, diagnosis certificates, application forms and other materials must be provided when applying for the recognition. Article 15 of the Regulations on Work-related Injury Insurance stipulates that if an employee has any of the following circumstances, it shall be regarded as a work-related injury:
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 the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.
Hello dear! Can you explain the details here?
What's going on here?
Can you elaborate on that?
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