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Article 1. The present Measures are hereby formulated in accordance with the Regulations on Work-Related Injury Insurance for the purpose of regulating the procedures for the ascertainment of work-related injuries, ascertaining the work-related injuries according to law, and safeguarding the legal rights and interests of the parties. Article 2. The ascertainment of a work-related injury by the administrative department for labor security shall be made in accordance with the present Measures. Article 3. Where a worker is injured in an accident or is diagnosed or assessed, in accordance with the law on prevention and treatment of occupational diseases, to have contracted an occupational disease, the employing entity shall, within 30 days as of the day when the accident injury occurred or when he is diagnosed or assessed to have contracted an occupational disease, file an application for the ascertainment of the work-related injury to the administrative department for labor security in the region subject to the overall planning. Under special circumstances, the time limit for application may be properly extended upon the approval of the administrative department for labor security. The application for ascertainment of a work-related injury, which shall be filed to the administrative department for labor security in accordance with the preceding paragraph, shall be filed to the administrative department for labor security at the level of city divided into districts at the locality of the employing entity in compliance with the principle of territory. Article 4. Where an employing entity fails to file an application for ascertainment of a work-related injury within the prescribed time limit, the worker who suffered from the injury or his lineal relative, or the labor union organization may, within one year as of the day when the accident injury occurred or when the worker is diagnosed or assessed to have contracted the occupational disease, directly file the application for ascertainment of the work-related injury in accordance with the provisions of Article 3 of the present Measures. Article 5. The following documents shall be submitted in addition to the Application Form for the Ascertainment of Work-Related Injuries, when applying for the ascertainment of a work-related injury: (1) The photocopy of the labor contract or other effective documents proving the existence of the labor relation; and (2) The certificate of medical diagnosis of the injured worker or the certificate of diagnosis of the occupational disease of the worker (or the assessment report on diagnosis of the occupational disease) provided by the medical institutions. The model of the Application Form for the Ascertainment of Work-Related Injuries shall be made by the Ministry of Labor and Social Security. Article 6. Where an applicant fails to provide the complete documents for the ascertainment of a work-related injury, the administrative department for labor security shall notify the applicant in written forms for once of all the documents need to be supplemented for the ascertainment of the work-related injury on the spot or within 15 working days. Article 7. The administrative department for labor security shall accept the application for ascertainment of a work-related injury, if the application documents provided by the applicant are complete, and the ascertainment falls within the scope of the jurisdiction of the administrative department for labor and security, and is within the acceptance time limit. The administrative department for labor security shall notify the applicant for the ascertainment of the work-related injury in writing whether it will accept the application or not and explain the reason. Article 8. The administrative department for labor security may, after accepting an application for ascertainment of a work-related injury, investigate and verify the evidences provided according to the needs in the examination. The relevant department and persons shall provide assistance. The employing entity, the medical treatment institution, the relevant department, and the labor union organization shall be responsible for assigning the relevant persons to cooperate in the work, and provide information and documents that can prove the facts. Article 9. The administrative department for labor security shall, when ascertaining a work-related injury, no longer investigate and verify the certificate of medical diagnosis or the certificate of diagnosis of the occupational disease provided by the applicant, which is in conformity with the relevant requirements of the State. In case the certificate of medical diagnosis or the certificate of diagnosis of the occupational disease does not conform to the format and requirements prescribed by the State, the administrative department for labor security may request the department who provides the evidence to provide once more. Article 10. The administrative department for labor security may, after accepting the application for ascertainment of a work-related injury, entrust the administrative department for labor security at other regions subject to the overall planning or the relevant department to make investigation and verification upon the needs of the work. Article 11. The investigation and verification on a work-related injury shall be made by two or more working staff members of the administrative department for labor security, who shall show their certificates for performance of official business. Article 12. The working staff members of the administrative department for labor security may exercise the following functions and duties when making the investigation and verification: (1) Entering into the relevant entity and the site of the accident upon the needs of the work; (2) Consulting the relevant documents in relation to the ascertainment of the work-related injury according to law, and inquiring the relevant persons; and (3) Writing down, recording, kinescoping and copying the relevant documents in relation to the ascertainment of the work-related injury. Article 13. The working staff members of the administrative department for labor security shall fulfill the following obligations when making the investigation and verification: (1) Keeping the trade secret of the relevant entity and the individual privacy; and (2) Keeping confidential for the relevant persons providing information. Article 14. Where a worker or his lineal relative believes that an injury is work-related, while the employing entity does not believe so, the latter shall bear the burden of proof. If the employing entity refuses to prove, the administrative department for labor security may draw a conclusion of ascertainment on the work-related injury according to the proof provided by the worker suffered from the injury. Article 15. The administrative department for labor security shall, within 60 days as of the day when it accepts the application for ascertainment of a work-related injury, make a decision on ascertaining the work-related injury. The decision shall include the decision on the ascertainment of a work-related injury or the ascertainment of an injury regarded as a work-related injury, and decision on the ascertainment of an injury not falling within the scope of a work-related injury or not being regarded as a work-related injury. Article 16. The decision on the ascertainment of a work-related injury shall specify the following items: (1) The full name of the employing entity; (2) The name, sex, age, profession and ID Card number of the worker; (3) The part of body injured, the time of the occurrence of the accident and the time for the diagnosis, or the name of the occupational disease, how the injury occurs and the verification thereof, the basic conditions for medical cure, and the diagnosis conclusion; (4) The basis for ascertainment of the work-related injury, for ascertainment of an injury regarded as the work-related injury, or the basis for ascertainment of an injury not falling within the scope of the work-related injury, or not being regarded as the work-related injury; (5) The conclusion for the ascertainment of a work-related injury; (6) The department for an applicant to apply to for the administrative reconsideration in case he refuses to accept the ascertainment conclusion, and the time limit; and (7) Time for making the ascertainment decision. The decision on the ascertainment of a work-related injury shall be sealed with the special seal of the administrative department for labor security on ascertainment of a work-related injury. Article 17. The administrative department for labor security shall, within 20 working days as of the day of making the decision on the ascertainment of a work-related injury, serve the decision on the ascertainment of a work-related injury to the applicant for the ascertainment of a work-related injury and the worker suffered from the injury (or his or her lineal relative) and the employing entity, and shall also send a copy to the social insurance handling institutions. The service for the legal instrument of ascertainment of a work-related injury shall be implemented in accordance with the provisions of the Civil Procedural Law concerning the service. Article 18. The administrative department for labor security shall keep the relevant documents on the ascertainment of a work-related injury for at least 20 years after completing the ascertainment of the work-related injury. Article 19. The worker or his/her lineal relative, and the employing entity, who refuse to accept the decision of not accepting the application for ascertainment of a work-related injury, or refuse to accept the decision on the ascertainment of a work-related injury, may apply for the administrative reconsideration or bring an administrative litigation in accordance with the law. Article 20. Where the employing entity and the personnel thereof refuse to cooperate with the administrative department for labor security according to law when making the investigation and verification on the ascertainment of a work-related injury, the administrative department for labor security may order them to make corrections. Article 21. The present Measures shall come into force as of January 1, 2004. |
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