Who should apply for work related injury appraisal, and who should apply for work related injury app

There are three types of applicants for work-related injury determination: first, the employee's unit; second, the injured employee or his or her immediate family members; The third is trade union organizations.

1) The employee's unit. Since work-related injury insurance implements the principle of employer's responsibility, employers assume many responsibilities and obligations in terms of work-related injury insurance. After a work-related accident occurs or an occupational disease is diagnosed, in order to rescue the injured employee in a timely manner, protect the legitimate rights and interests of the employee, and promote the safe production of the unit, it is necessary to require the employer to bear the primary obligation to apply for work-related injury.

The reporting time of the injured employee's employer is limited to 30 days after the accident occurs or the occupational disease is diagnosed. Only in exceptional cases can the application be extended with the consent of the labour and social security authorities.

2) Employees injured at work or their immediate family members. Applying for work-related injury recognition is a basic right of work-related injuries and a basic prerequisite for work-related injuries to obtain work-related injury insurance benefits. In order to fully protect the legitimate rights and interests of employees, if the employer fails to file an application for the determination of the employee's work-related injury within the prescribed time limit, the injured employee or his or her immediate family members may directly submit an application to the labor and social security administrative department for the determination of the nature of the injury within one year, which is much longer than the application time limit of the employer.

3) Trade union organization. As a mass organization to protect the rights and interests of employees, it is an important obligation of trade unions to help injured employees apply for work-related injury recognition in a timely manner.

Which department can be applied to for work-related injury determination?

1. Labor and social security administrative departments. Specifically, an application for recognition of work-related injuries shall be submitted to the administrative department for labor and social security in the coordinating region. If the employee or his or her immediate family members believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.

If the employer refuses to provide evidence, the administrative department for labor and social security may make a conclusion on the determination of work-related injury based on the evidence provided by the injured employee in accordance with law.

2. If an application for recognition of work-related injury shall be submitted to the provincial labor and social security administrative department in accordance with the regulations, it shall be submitted to the labor and social security administrative department of the city divided into districts where the employer is located in accordance with the principle of territoriality. If an employee, his or her immediate family members, or an employer is dissatisfied with the decision not to accept the case or the decision to determine a work-related injury, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with law.

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 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, 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.

Legal analysis: The employer generally applies for the determination of work-related injury, and if the employer fails to apply within the prescribed time limit, the individual worker may apply for the claim of the employee.

Legal basis: Regulations on Work-related Injury Insurance Article 20 The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

Where a decision on the determination of work-related injuries needs to be based on the conclusion of the judicial organ or the relevant administrative department, the time limit for making the determination of work-related injury shall be suspended during the period when the judicial organ or the relevant administrative department has not yet reached a conclusion. The staff of the social insurance administrative department shall recuse themselves from having an interest in the applicant for the determination of work-related injury.