Work Injury Insurance Regulations 17; Time Limit
Work Injury Insurance Regulations 17; Time Limit
This provision of the Work Injury Insurance Regulations stipulates time limits for making application for work-related injury certification
Article 17 - Time Limits forApplication
If an worker is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Occupational Disease Prevention and Control Law, the employer where the worker works shall submit an application for work injury certification to the labor security administrative department of the coordinating area within 30 days from the date of the accident producing the injury or the date of diagnosis or identification as an occupational disease. In case of special circumstances, the time limit for application can be extended appropriately after reporting to the labor security administrative department for approval.
If the employer fails to submit an application for work-related injury certification in accordance with the provisions of the preceding paragraph, the injured worker or his immediate family members or the trade union may, within one year from the date on which the injury or illness occurred or was diagnosed, directly submit an application for work-related injury certification to the human resources and social security administrative department in the area where the employer is located.
In accordance with the provisions of the first paragraph of this article, the labor security administrative department at the provincial level shall conduct work-related injury identification matters, which shall be handled by the labor security administrative department at the districted city level where the employing unit is located in accordance with the principle of territoriality.
If the employer fails to submit an application for work injury determination within the time limit specified in the first paragraph of this article, the employer shall bear the relevant expenses such as work injury treatment in compliance with the provisions of this regulation during this period.
第十七条
职工发生事故伤害或者按照职业病防治法规定被诊断、鉴定为职业病，所在单位应当自事故伤害发生之日或者被诊断、鉴定为职业病之日起30日内，向统筹地区劳动保障行政部门提出工伤认定申请。遇有特殊情况，经报劳动保障行政部门同意，申请时限可以适当延长。
用人单位未按前款规定提出工伤认定申请的，工伤职工或者其直系亲属、工会组织在事故伤害发生之日或者被诊断、鉴定为职业病之日起1年内，可以直接向用人单位所在地统筹地区劳动保障行政部门提出工伤认定申请。
按照本条第一款规定应当由省级劳动保障行政部门进行工伤认定的事项，根据属地原则由用人单位所在地的设区的市级劳动保障行政部门办理。
用人单位未在本条第一款规定的时限内提交工伤认定申请，在此期间发生符合本条例规定的工伤待遇等有关费用由该用人单位负担。
Work Injury Insurance Regulations
工伤保险条例
http://www.gov.cn/zwgk/2005-05/20/content_144.htm
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