If an employee suffers an accidental injury or is diagnosed or identified as an occupational disease in accordance with the provisions of the Occupational Disease Prevention Law, the enterprise shall submit an application for work injury certification to the social insurance administrative department of the overall area within 30 days from the date of the accidental injury or the date of diagnosis and identification as an occupational disease. In case of special circumstances, the time limit for application can be extended appropriately with the approval of the Social Insurance Administration.

If the employer fails to file an application for work injury certification within the stipulated time limit, the injured worker or his/her close relatives or trade union organization may directly file a work injury in accordance with the relevant provisions within 1 year from the date of the accident injury or from the date of diagnosis and identification as an occupational disease.

The employer did not submit the application for the certification of work injury within the above-mentioned time limit, and the relevant expenses incurred in accordance with the provisions of these regulations during the period of work injury shall be borne by the employer.

According to the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Employment Injury Insurance Cases", due to the fact that it does not belong to the employees or their close relatives exceeds the application period for the work injury certification application, the delay time is not counted in the work injury certification application period. If one of the following circumstances delays the application time, it shall be determined that it does not belong to the employee or the close relatives themselves:

• Force majeure;
• Personal freedom is restricted;
• The reasons caused by the employer;
• The registration system of social insurance administrative departments is not perfect;
• The parties bring a civil action for the existence of labor relations.
  
  

What is the difference between work injury identification and employment injury rating?

An employment injury appraisal is an employee who has been identified as an employment injury. After the treatment is relatively stable, the city-level labor capability appraisal committee in the district shall appraise its work-related injuries. There are ten levels of work injury identification. The level of employment injury appraisal directly affects the one-time disability subsidy, one-time medical injury subsidy and one-time disability employment subsidy.