Legal analysis
According to the relevant laws and regulations, employees with work-related injuries need to submit the Application Form for Work-related Injury Identification and related materials, such as medical records, circumstantial materials, ID cards and other related materials to the local labor and social security department. If the application materials of injured workers are incomplete, the administrative department of labor and social security will inform the applicant in writing on the spot or within 7 working days. If the applicant needs to make up in time, the labor and social security department that meets the application conditions will accept it according to law. The administrative department of labor and social security shall make a conclusion within 60 days from the date of officially accepting the application, and issue a "Work-related Injury Identification Conclusion". If an employee or immediate family member applies for work-related injury identification, the employer has the obligation to cooperate with the investigation of the labor and social security department and provide the information and relevant evidence truthfully within the prescribed time limit. If the employer fails to provide evidence to the contrary within the prescribed time limit, it shall be deemed that there is no objection to the evidence provided by the employee or his immediate family. To meet the appraisal conditions, the labor appraisal committee shall notify the employing unit and relevant personnel in advance of the time, place and personnel for appraisal. Labor ability appraisal needs to entrust qualified medical and health institutions to carry out medical diagnosis of disability.
legal ground
Article 17 of the Regulations on Work-related Injury Insurance, if an employee suffers 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, 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 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.