Legal basis: Regulations on Industrial Injury Insurance
Article 17 If an employee is injured by an accident 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 the diagnosis and identification as an occupational disease, apply to the social insurance administrative department in the overall planning area for work-related injury identification. 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 immediate family members and trade unions may apply for work-related injury identification directly to the administrative department of labor and social security in the area where the employing unit is located within 1 year from the date of accident injury or occupational disease diagnosis and identification.
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.
Twentieth "the administrative department of social insurance shall, within 60 days from the date of accepting the application for work-related injury identification, make a decision on work-related injury identification, and notify the employees who apply for work-related injury identification or their close relatives and their units in writing.
"The administrative department of social insurance shall make a decision on the determination of work-related injuries within 15 days for the application with clear facts and clear rights and obligations.
"If it is necessary to take the conclusion of the judicial organ or the relevant administrative department as the basis for making a decision on ascertainment of a work-related injury, the time limit for making a decision on ascertainment of a work-related injury shall be suspended while the judicial organ or the relevant administrative department has not yet made a conclusion.
"If the staff of the social insurance administrative department has an interest in the applicant for work-related injury identification, they should withdraw."
Thirtieth employees who suffer from accidents or occupational diseases at work shall enjoy medical treatment for work-related injuries.
Workers with work-related injuries should seek medical treatment in medical institutions that have signed service agreements. In case of emergency, they can go to the nearest medical institution for first aid.
If the expenses required for work-related injury treatment meet the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance shall be stipulated by the social insurance administrative department of the State Council in conjunction with the health administrative department of the State Council, the food and drug supervision and management department and other departments.
Food subsidies for hospitalization of workers with work-related injuries, and certificates issued by medical institutions and approved by agencies. The transportation and accommodation expenses for workers with work-related injuries to seek medical treatment outside the overall planning area shall be paid by the work-related injury insurance fund, and the specific standards for fund payment shall be stipulated by the people's government of the overall planning area. Workers with work-related injuries who treat diseases caused by non-work-related injuries do not enjoy medical treatment for work-related injuries, and are treated according to the basic medical insurance method.
The expenses for work-related injury rehabilitation treatment for workers with work-related injuries to medical institutions that have signed service agreements shall be paid by the work-related injury insurance fund if they meet the requirements.