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Application for work-related injury recognition: Within 30 days after the occurrence of the work-related accident, it can be extended to 60 days after filing the extension application.
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In the event of a work-related accident, the employer shall file a complaint with the labor department within 30 days from the second day after the accident.
Employees who have suffered a work-related accident may apply for work-related injury recognition within one year.
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The Regulations on Work-related Injury Insurance stipulate the statute of limitations for the application for work-related injury identification, and 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 work-related injury recognition to the labor and social security 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 occupational disease. If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, the injured employee or his 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 the 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 employer is located. If an injured employee or his or her immediate family member, employer or trade union organization submits an application for recognition of work-related injury beyond the one-year statute of limitations, the labor and social security administrative department will not accept it.
Please handle it in time, so that you can also get compensation in time.
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Within 3 days, you can only fill in the acceptance notice at the work-related injury handling center. Within 1 month, it will be determined by labor arbitration.
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Legal Analysis: There is a time limit for applying for compensation for work-related injuries. There are two types of applications for work-related injury compensation from the perspective of time limit:
1. The employer must submit an application for recognition of work-related injury 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 suspected 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 Regulations on Work-related Injury Insurance during this period.
2. 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 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.
Legal basis: Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties know that their rights have been infringed or should have been rented.
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.
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.
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There is a time limit for reporting work-related injuries or erections:
1. The employer should apply for a work-related injury recognition for you within 30 days after you are injured;
2. If a single group does not apply, you can propose an application for work-related injury recognition within 2 years;
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There is a time limit for filing a work-related injury application. The time when the employer submits the work-related injury determination to the social security administrative department is generally within 30 days, which is calculated from the date on which the 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; If the employer does not apply in accordance with the regulations, the application time of the employee shall be within one year, which shall also be calculated from the occurrence of the above-mentioned circumstances.
Article 17 of the Regulations on Work-related Injury Insurance Minpei 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 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 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 employer is located.
Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury determination: (1) Application form for work-related injury identification; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
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The Measures for the Determination of Work-related Injuries stipulate that an injured employee or his immediate family members or trade union organizations may, within one year from the date of the accident or the date of diagnosis or appraisal, submit an application for recognition of work-related injury to the labor and social security department of the co-ordinating area where the employer is located. If an injured employee applies for a work-related injury determination for more than one year, the labor and social security department may not accept it. In the event of a work-related accident, some employees may have ignored the work-related injury insurance benefits they should have received because they had received compensation from the party responsible for the traffic accident.
It is a pity that some employees lack full awareness of the time limit for exercising power, resulting in the loss of rights that should have been obtained.
After the accident occurs at work, the unit shall apply for the determination of work-related injury within 30 days (time limit), and the unit can also apply for more than 30 days and no more than 1 year (statute of limitations), but the expenses before the work-related injury determination shall be borne by the unit. If the employer does not apply for recognition for the employee, the employee or close relatives may apply for recognition to the social insurance administrative department (Human Resources and Social Security Bureau) within one year (statute of limitations).
The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days of accepting the application for work-related injury determination. A decision on the determination of work-related injury shall be made within 15 days of an application for a work-related injury determination where the facts are clear and the rights and obligations are clear. Where it is necessary to base the conclusion of the judicial organ or the relevant administrative department, the time limit for determining the work-related injury shall be suspended during the period when the conclusion has not yet been made by these departments.
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. >>>More
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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