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How to Prove a Workplace Injury in China

In China, proving a workplace injury is a crucial step in obtaining compensation and ensuring the employee's rights are protected. The process involves adhering to specific legal requirements and gathering necessary evidence to support the claim.

Legal Framework

The primary law governing workplace injuries in China is the Workers' Compensation Law (2003). It stipulates that employers are liable for providing compensation to employees who suffer injuries or illnesses arising from work.

Reporting the Injury

Upon sustaining an injury at work, the employee must promptly report it to their employer and supervisor. The report should be made both verbally and in writing within 30 days of the injury. The employer is then obligated to:

Confirm the injury and notify the social insurance agency Provide medical treatment Conduct an investigation

Investigating the Injury

The employer must promptly investigate the injury to determine its cause and whether it is work-related. The investigation should involve:

Interviewing the employee and witnesses Inspecting the workplace Reviewing relevant documents

Medical Evidence

Medical evidence is crucial in proving a workplace injury. The employee should seek medical attention immediately after the injury and obtain a medical certificate from a qualified hospital. The certificate should include:

Description of the injury Date and time of the injury Probable cause of the injury Treatment plan

Supporting Evidence

In addition to medical evidence, the employee should gather other supporting evidence, such as:

Witness statements from colleagues who witnessed the injury Photographs or videos of the injury or workplace Documents related to the employee's job duties and working hours

Filing a Compensation Claim

If the employer accepts the claim as work-related, the employee can file a compensation claim with the local social insurance agency. The claim should be filed within one year of the injury. The agency will review the evidence and determine the amount of compensation.

Dispute Resolution

In cases where the employer disputes the claim or the compensation amount, the employee has the right to appeal the decision. The appeal can be filed with the local arbitration commission or the people's court.

Conclusion

Proving a workplace injury in China requires adherence to legal procedures and gathering comprehensive evidence. By promptly reporting the injury, seeking medical attention, and gathering supporting documents, employees can increase their chances of obtaining fair compensation and protecting their rights. Understanding the legal framework and following these steps is essential for employees to navigate the workers' compensation system effectively.