If an injured person is injured at the scene, he shall apply to the municipal labor and social security administrative department with districts for work-related injury identification. If the employer fails to apply for work-related injury identification according to regulations, the laborer or his close relatives and trade unions may directly apply for work-related injury identification to the social insurance administrative department of the overall planning area where the employer is located within 1 year from the date of the accident injury.
Legal objectivity:
Regulations on industrial injury insurance
Article 17
If an employee has 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.