Legal basis: Article 19 of the Regulations on Industrial Injury Insurance. After accepting the application for ascertainment of work-related injuries, the administrative department of labor security may, according to the needs of examination, investigate and verify the accident injuries, and the employing units, employees, trade unions, medical institutions and relevant departments shall provide assistance. The diagnosis of occupational diseases and the identification of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Control of Occupational Diseases. The administrative department of labor security will no longer investigate and verify the personnel who have obtained the occupational disease diagnosis certificate or occupational disease diagnosis and appraisal certificate according to law.
If the employee or his immediate family members think it is a work-related injury and the employer does not think it is a work-related injury, the employer shall bear the burden of proof.