What is the time limit for applying for recognition of a work injury
According to the Regulation on Work-Related Injury Insurances, specific deadlines are set for submitting applications for work-related injury recognition, which vary depending on who is making the request.
Employer's responsibility to apply
Employers are required to submit an application for work-related injury recognition within 30 days of the incident. Article 17 of the Regulation on Work-Related Injury Insurances specifies that if an employee is injured in an accident or diagnosed with an occupational disease under the Law of the People's Republic of China on Prevention and Control of Occupational Diseases, the employer must apply to the local social insurance administrative department within 30 days from the date of the accident or the diagnosis of the occupational disease.
Employee's right to apply
If an employer fails to submit the application within the prescribed time limit, the employee, their close relatives, or the trade union can apply directly for work-related injury recognition within one year from the date of the injury or diagnosis.
Special circumstances and application deadlines
When applying for work-related injury recognition, applicants are required to submit the necessary documents within the prescribed deadlines. However, any time spent on confirming the labor relationship through arbitration or civil litigation is not counted as part of the application period.
Employer's responsibility for costs
If the employer fails to submit the work-related injury recognition application within the required period, they will be responsible for covering any related costs during this period for work-related injury benefits, as outlined in the Regulation on Work-Related Injury Insurances.
Decision timeline for authorities
The social insurance administrative department is required to make a decision on the work-related injury recognition application within 60 days of receiving the application. In cases where the facts are clear and the rights and obligations are well-defined, the decision should be made within 15 days.
It's important to note that the timeline for making a decision starts from the day the social insurance administrative department officially receives a complete set of application materials. If the applicant has submitted incomplete documents, the timeline will begin from the date the missing materials are provided.
Source: Official WeChat account of the Ministry of Human Resources and Social Security at "rsbzwwx"