Legal analysis
Work injury identification process: 1. Application: After an employee has an accidental injury or is diagnosed as an occupational disease (hereinafter referred to as "employee injury"), the employer shall submit an application for work-related injury identification to the District Human Resources and Social Security Bureau within 30 days. If the employer fails to apply, the employee or his close relatives or trade unions may directly apply to the District Human Resources and Social Security Bureau for work-related injury identification within 1 year from the date when the employee is injured. If the employer requests to extend the application time limit for work-related injury identification due to special reasons, it shall submit a written application to the District People's Social Security Bureau within 30 days from the date when the employee is injured, and explain the reasons for the extension. If it meets the requirements after being examined by the District People's Social Security Bureau, the application time limit may be appropriately extended. 2. Acceptance: After receiving the application for work-related injury identification, the District People's Social Security Bureau fills in the Receipt of Work-related Injury Identification Application Materials and the List of Work-related Injury Identification Application Materials. If the application materials are incomplete, the District People's Social Security Bureau shall issue the Notice of Application for Correction of Work-related Injury Identification Materials on the spot or within 15 days, and inform the applicant of all the materials that need to be corrected and the time limit at one time. 3. Review: After accepting the application for work-related injury identification, the social insurance administrative department may investigate and verify the evidence provided by the applicant as needed. 4. Decision: The District People's Social Security Bureau will make a work-related injury determination decision within 60 days from the date of accepting the application for work-related injury determination and issue a work-related injury determination decision; For the application for work-related injury identification with clear facts and clear rights and obligations, a work-related injury identification decision shall be made within 15 days, and a work-related injury identification decision shall be issued. If the decision on work-related injury identification needs to be based on the conclusions of relevant departments or related technical appraisal, the time limit for making work-related injury identification shall be suspended during the period when no conclusion has been made, and the applicant shall be notified in writing. 5. Delivery: The District People's Social Security Bureau will deliver the work-related injury determination decision to workers (or close relatives) and employers within 20 days.
legal ground
Article 14 of the Regulations on Work-related Injury Insurance shall be deemed as a work-related injury if an employee has one of the following circumstances: (1) Being injured by an accident during working hours and in the workplace due to work reasons; (two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident; (three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries; (4) Suffering from occupational diseases; (five) during the business trip, injured or missing due to work reasons; (six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible; (seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.