《工伤认定办法》(12/31/2010)

The Ministry of Human Resources and Social Security has issued the Measures for Recognition of Work-Related Injuries (“Recognition Measures”), which shall come into effect on January 1, 2011. The Measures for Recognition of Work-Related Injuries issued on September 23, 2003, shall be repealed simultaneously. The Recognition Measures were revised based on the newly released Regulations on Work-Related Injury Insurance. Some key provisions are summarized below.

According to the Recognition Measures, when a worker suffers a work-related injury from an accident, or is diagnosed with or recognized to have an occupational disease pursuant to the Law on Prevention and Control of Occupational Disease, the entity in which he/she works shall, within 30 days after the accident occurs or after the diagnosis/recognition of the occupational disease, submit an application for the recognition of a workrelated injury to the administrative department of social insurance in the integrated planned region. If the entity fails to submit such an application, the injured worker, close relatives thereof or the trade union can file an application within one year after the accident/diagnosis/recognition. In special circumstances, the time limit for application may be appropriately extended after obtaining the consent of the administrative department of social insurance.

In applying for such recognition, the application form shall be completed and the following materials shall also be submitted:

  • copies of labor or employment contracts, or other supporting materials on (actual) labor relation or personnel
  • relation with the employing entity; and
  • certification of the diagnosis of the injury or occupational disease issued by a medical institution.

The administrative department of social insurance shall, within 60 days after receiving the application for recognition of a work-related injury, make a decision on such recognition and issue a Decision on Recognizing a Work-related Injury or a Decision on Refusal to Recognize a Work-related Injury.

  • Measures for the Recognition of Work-related Injuries
  • 工伤认定办法
  • Issuing Authority: Ministry of Human Resources and Social Security
  • Date of Issuance: December 31, 2010 / January 1, 2011