When workplace accidents occur, understanding the relevant provisions and legal obligations is necessary to protect your rights and benefits.

This guide answers frequently asked questions about work injuries, including the recognition of work injuries, applications for work-injury compensation, and work-injury insurance.

I. What is the time limit for applying for recognition of a work injury

According to the Regulation on Work-Related Injury Insurances, the deadlines for submitting applications for work-related injury recognition vary depending on who is making the request.

Employers' responsibilities

Employers must submit an application for work-related injury recognition within 30 days of the incident. Article 17 of the Regulation on Work-Related Injury Insurances provides 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 of the accident or the diagnosis of the occupational disease.

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 for work-related injury benefits during that period, as outlined in the Regulation on Work-Related Injury Insurances.

Employees' rights

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 of the injury or diagnosis.

Special circumstances and application deadlines

Applicants must submit the necessary documents within the designated deadlines when applying for work-related injury recognition. However, time spent verifying the labor relationship via arbitration or civil litigation does not count toward these application deadlines.

Decision timeline for authorities

The social insurance administrative department must make a decision on the work-related injury recognition application within 60 days of receiving it. If 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 decision timeline begins on 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 on the date the missing materials are provided.

 

II. How to claim work-injury disability compensation

Employees who are injured at work or diagnosed with an occupational disease, resulting in a disability level between 1 and 10, may claim a one-off disability compensation from the work injury insurance fund. This applies if their employers have participated in and contributed to the insurance program.

Compensation is calculated as a multiple of the employee's average monthly salary over the 12 months preceding the injury or the diagnosis of an occupational disease. The amount is as follows:

If an employee's monthly salary exceeds three times the city's average wage, the calculation is capped at three times the average wage; if the monthly salary is less than 60 percent of the city's average wage, the calculation is based on 60 percent of the average.

 

III. Work-related injury insurance

Q: Do only employers in high-risk industries need to participate in work-related injury insurance?

A: No. Work-related injury insurance is a mandatory social insurance in China. All employers are legally required to participate, and failure to do so is a violation of the law.

Under China's Regulation on Work-Related Injury Insurance, organizations, including enterprises, public institutions, social groups, private non-enterprise institutions, foundations, law firms, accounting firms, and individually owned businesses with employees in China, must participate in work-related injury insurance and pay premiums for all their employees. Employees of these organizations and workers in privately owned businesses are entitled to receive relevant work-related injury insurance benefits.

In addition, Shanghai's work-related injury insurance measures clarify the scope of application: organizations, including enterprises, public institutions, state organs, social groups, private non-enterprise institutions, foundations, law firms, accounting firms, and privately owned businesses with employees, as well as their employees in Shanghai, are entitled to the relevant benefits.

Reminder:

Shanghai implements an industry-based benchmark premium rate system for work-related injury insurance, with a floating rate mechanism based on factors such as an employer's claim payment ratio and workplace accident rate.

Enterprises are classified into eight industry-risk categories, with corresponding benchmark rates ranging from 0.2 percent to 1.9 percent.

Q: Is there a time limit for applying for recognition of a work-related injury?

A: Yes. Under Shanghai's work-related injury insurance regulations, when an employee suffers a workplace accident or is diagnosed with an occupational disease under the Occupational Disease Prevention and Control Law of the People's Republic of China, the employer must submit a work-related injury recognition application to the district's human resources and social security administrative department within 30 days of the accident or diagnosis.

If the employer fails to apply within the prescribed period, the injured employee, their close relatives, or the trade union organization may submit the application directly to the district's human resources and social security administrative department within one year of the accident or diagnosis. Any related expenses incurred during that period shall be borne by the employer.

Q: Can employees apply for recognition of a second work-related injury?

A: Yes. Recognition of a prior work-related injury applies only to that specific incident and does not affect any subsequent accidents. When an employee suffers a subsequent work-related injury, the employer must submit a new application for recognition to the social insurance administrative department.

Once the subsequent injury is recognized and the employee's work capacity is assessed, the employee is entitled to benefits, including medical treatment, rehabilitation, and disability allowances, in accordance with applicable regulations.

Q: Are part-time workers eligible for work-related injury benefits?

A: Yes. Under Shanghai's work-related injury insurance regulations, employers who hire part-time workers must pay work-related injury insurance premiums based on the prescribed contribution base and rate. If a part-time worker suffers a work-related accident, they are legally entitled to the corresponding insurance benefits.

Reminder:

Paying work-related injury insurance premiums for part-time employees is a legal requirement. If a work-related accident occurs and the employer has not paid the premiums as required, the employer must bear the relevant expenses according to regulations.

Under Shanghai's work-related injury insurance regulations, if a part-time worker is injured at work or diagnosed with an occupational disease, the employer responsible for work-related injury insurance shall pay benefits during the medical treatment leave period, and the benefits shall not be lower than Shanghai's monthly minimum wage standard.

Q: If an employee is injured on a business trip and the case is recognized as a work-related injury, are the medical expenses reimbursable?

A: Yes. Employees injured at work must receive treatment at designated medical institutions in Shanghai or at designated medical institutions for occupational diseases. In emergencies, they may receive first aid at the nearest medical facility. Once their condition stabilizes, they should be promptly transferred to a designated medical institution in Shanghai for further treatment.

Medical expenses incurred to treat a work-related injury that comply with the national and Shanghai catalogs for treatment items, drug lists, and hospitalization standards are reimbursable. Therefore, eligible expenses will be covered by the work-related injury insurance fund.

 

Disclaimer: This article is for general reference only and does not constitute legal advice. For specific cases, please consult the competent authorities or a qualified legal professional.

 

Sources: Official WeChat account of the Shanghai Municipal Bureau of Human Resources and Social Security (ID: "shrsjwx"); official WeChat account of the General Office of the Shanghai Municipal People's Government (ID: "shanghaifabu")

 

 

Updated Aug 7, 2026