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Unit Reporting of Work-Related Injuries: Determining Work-Related Injury in China

Introduction

In China, employers are legally required to report work-related injuries to the relevant authorities. Determining whether an injury is work-related is crucial for the employee to access compensation and other benefits. This article examines the legal framework and procedures for confirming work-related injuries in China.

Legal Framework

The primary legal basis for determining work-related injuries in China is the Work Injury Insurance Law (WIL) of 2018. According to Article 14 of the WIL, a work-related injury is defined as an injury or illness:

Suffered during the course of employment Directly caused by work operations Occurs at the workplace or during work-related travel

Procedure for Confirming Work-Related Injury

When an employee suffers an injury, the following steps should be taken to determine its work-related nature:

1. Report the Injury:

The employee must promptly report the injury to their employer. The employer then has 30 days to report the injury to the local social security agency.

2. Medical Examination:

The employee will undergo a medical examination by a designated medical institution. The medical report will state the nature and cause of the injury, as well as its work-relatedness.

3. Investigation:

The social security agency will conduct an investigation into the circumstances of the injury. This may include interviewing the employee, witnesses, and reviewing workplace documentation.

4. Determination:

Based on the medical report and investigation, the social security agency will make a determination on the work-relatedness of the injury. The determination is made within 60 days of receiving the injury report.

Evidence Requirements

To establish the work-relatedness of an injury, the employee must provide evidence such as:

Medical records proving the injury and its cause Workplace documentation, such as job descriptions and work schedules Witness statements Photographs or videos of the accident scene

Consequences of False Reporting

Falsely reporting a work-related injury is a serious offense in China. Employees may face penalties, including:

Fines Loss of benefits Criminal charges

Appeals

If an employee disagrees with the determination of the social security agency, they can appeal to a higher authority. The appeal process is outlined in the WIL and must be initiated within 60 days of receiving the determination.

Conclusion

Determining work-related injuries in China is a crucial process that ensures employees' access to compensation and benefits. The legal framework and procedures outlined in this article provide a clear roadmap for employers and employees to follow. By adhering to these guidelines, both parties can ensure a fair and timely resolution of work-related injury claims.