Measures for the Assessment of Work-related Injuries
Measures for the Assessment of Work-related Injuries
Measures for the Assessment of Work-related Injuries
Order of the Ministry of Labor and Social Security [2003] No. 17
September 23, 2003
The Measures for the Assessment of Work-related Injuries, which were adopted by the Ministry of Labor and Social Security at the 5th ministry meeting on September 18, 2003, are hereby issued and shall come into force as of January 1, 2004.
Minister: Zheng Silin
Attached: Measures for the Assessment of Work-related Injuries
Article 1 These Measures have been formulated in accordance with the Regulations on Work-Related Injury Insurance in order to regulate the procedures for the assessment of work-related injuries, ensure that work-related injuries are assessed in accordance with the law, and safeguard the legitimate rights and interests of relevant parties.
Article 2 Work-related injuries shall be assessed by the administrative department of labor and social security in accordance with these Measures.
Article 3 Where a worker is injured in an accident or is diagnosed or assessed to have contracted an occupational disease in accordance with the law on the prevention and treatment of occupational diseases, the employing entity shall file an application for the assessment of the work-related injury with the local administrative department of labor and social security subject to overall planning within 30 days of the date on which the accidental injury occurs or the date on which he is diagnosed or assessed to have contracted an occupational disease. Under special circumstances, the time limit for such an application may be properly extended subject to the approval of the administrative department of labor and social security.
Any application for the assessment of a work-related injury filed with the administrative department of labor and social security in accordance with the preceding paragraph shall be filed with the employing entity's local administrative department of labor and social security at the level of a city divided into districts in compliance with the principle of territoriality.
Article 4 Where an employing entity fails to file an application for the assessment of a work-related injury within the prescribed time limit, the worker who suffered the injury, any of his lineal relatives, or the labor union organization concerned may directly file an application for the assessment of the work-related injury in accordance with the provisions of Article 3 of these Measures within one year of the date on which the accidental injury occurs or of the date on which the worker is diagnosed or assessed to have contracted the relevant occupational disease.
Article 5 When applying for the assessment of a work-related injury, in addition to the Application Form for the Assessment of Work-related Injuries, the following documents shall be submitted:
1.
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