Apply for labor arbitration
Optional).
This pre-procedure is used to confirm the existence of an employment relationship between the parties. If the two parties have signed an employment contract and the employment relationship is clear, this procedure can be omitted.
(Note: When there is illegal subcontracting or subcontracting, the employer's liability for work-related injury insurance is not premised on the existence of an employment relationship.) ）
Apply for a work-related injury determination
Employer application
From the date of the accident injury or the date of diagnosis or appraisal of an occupational disease30thinside).
Workers apply on their own
From the date of the accident injury or the date of diagnosis or appraisal of an occupational disease1 yearinside).
What should I do if the employee has not applied for more than 1 year?
According to the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance, if the time limit for applying for work-related injury determination is exceeded due to reasons not attributable to the employee or his close relatives, the time delayed shall not be counted in the application period for work-related injury determination.
In any of the following circumstances, the delay in the application time shall be found to be not due to the employee's or his close relatives' own reasons:
(1) Force majeure;2) personal freedom is restricted;
3) Reasons attributable to the employer;
4) The registration system of the social insurance administrative department is not perfect;
5) The parties apply for arbitration and file a civil lawsuit on whether there is a labor relationship.
Deadline for reviewing materials
After the social insurance administrative department receives an application for determination of work-related injury, it shall do soWithin 15 daysThe materials submitted by the applicant shall be reviewed, and if the materials are complete, a decision shall be made to accept or not accept them.
Where a decision is made to accept the application, a "Decision on the Acceptance of the Application for Determination of Work-related Injury" shall be issued.
Where a decision is made not to accept the application: a "Decision on the Inadmissibility of the Application for Determination of Work-related Injury" shall be issued.
At this stage, the social insurance administrative department will verify the relevant circumstances with the employer and make a record, and if the employer has any objection to the determination of work-related injury, it may provide evidence.
The time limit for making a determination of work-related injury
The social insurance administrative department shall take the date on which the application for determination of work-related injury is acceptedWithin 60 daysMake a decision on the determination of work-related injuries.
Issue a "Decision on Recognition of Work-related Injury" or "Decision on Non-recognition of Work-related Injury".
The social insurance administration for:The facts are clear, and the rights and obligations are clearAn application for determination of work-related injury shall commence from the date of acceptance of the application for determination of work-related injuryWithin 15 daysMake a decision on the determination of work-related injuries.
The social insurance administrative department shall, within 20 days from the date of making the determination of work-related injury, send the "Decision on Determination of Work-related Injury" or "Decision on Non-determination of Work-related Injury" to the injured employee (or his close relatives) and the employer, and send a copy to the social insurance handling agency.
Remedies for dissatisfaction with the determination of work-related injuries
It can be in accordance with the law (to the people** at the same level who made the determination of work-related injuries ** or the social insurance department at the next higher level).Apply for administrative reviewor (to the people's court at the place where the social security administrative organ that originally made the decision is located).Initiating an administrative lawsuit
Note:Administrative reconsideration or administrative litigation can be chosenAdministrative reconsideration here is not a pre-procedure for administrative litigation. After administrative reconsideration, if you are not satisfied with the reconsideration decision, you may file an administrative lawsuit against the decision not to recognize the work-related injury or the reconsideration decision。But,If the court has already accepted the administrative lawsuit in accordance with the law, it must not apply for administrative reconsideration again.
Duration:
Administrative reconsideration: from the date of receipt of the Decision on Non-recognition of Work-related InjuryWithin sixty days.
Article 9 of the Administrative Reconsideration Law of the People's Republic of China provides that "if a citizen, legal person or other organization believes that a specific administrative act infringes upon its legitimate rights and interests, it may submit an application for administrative reconsideration within 60 days from the date on which it becomes aware of the specific administrative act; However, the application period stipulated by law exceeds 60 days.
Administrative Litigation:From the date of receipt of the Decision on Non-recognition of Work-related Injurywithin 6 months.
Article 46 of the Administrative Litigation Law of the People's Republic of China: "Where a citizen, legal person or other organization directly initiates a lawsuit in a people's court, it shall do so within six months from the date on which he knew or should have known that the administrative act was taken. Except as otherwise provided by law. ”
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