How to declare a work-related injury in social security

Legal analysis: compensation for industrial injury insurance must go through three stages: industrial injury identification, labor ability appraisal and labor arbitration. Many migrant workers do not have labor contracts, work permits and other documents, and often need the identification of labor relations. Industrial injury insurance is an important part of social insurance system, which refers to a social security system that the state and society provide necessary medical treatment, living security, economic compensation, medical rehabilitation, social rehabilitation and vocational rehabilitation for workers and their relatives when they suffer accidental injuries and occupational diseases in production and business activities, and when they die or temporarily or permanently lose their working ability due to these two situations. Article 1. If an employee (including migrant workers) has an accident injury or is diagnosed and identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Control 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 and identification as an occupational disease, submit an application for work-related injury identification to the work-related injury identification institution of the administrative department of labor and social security in the overall planning area. 2. If the employer fails to file an application for work-related injury identification within the prescribed time limit, the workers with work-related injuries or their immediate family members and trade unions may file an application for work-related injury identification directly with the administrative department of labor and social security in the overall planning area within 1 year from the date of the accident injury or the date of being diagnosed as an occupational disease.

Legal basis: Article 17 of the Regulations on Work-related Injury Insurance, if an employee suffers from an accident injury or is diagnosed and identified as an occupational disease according to the provisions of the Law on the Prevention and Control 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 and identification as an occupational disease, submit an application for work-related injury identification to the social insurance administrative department in the overall planning area. Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended.

If the employing unit fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the employees with work-related injuries or their close relatives and trade unions may directly apply for work-related injury identification to the social insurance administrative department where the employing unit is located within 1 year from the date of the accident injury or the date of being diagnosed as an occupational disease.

In accordance with the provisions of the first paragraph of this article, matters that should be identified by the provincial social insurance administrative department shall be handled by the municipal social insurance administrative department located in the district where the employer is located in accordance with the principle of territoriality.

If the employer fails to file an application for work-related injury identification within the time limit specified in the first paragraph of this article, the employer shall bear the relevant expenses such as work-related injury treatment in accordance with the provisions of these regulations during this period.