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Employment & Labor

2 min read Last reviewed 14 Nov 2026

Work Injury Claims in China: Deadlines and Records for Employees

Learn the key work-injury recognition deadlines in China, what records to preserve, and what employees can do if their employer does not apply.

Statute Art. 17
Worker organizing medical and incident records after an injury in China

After an injury connected with work, an employee may need to establish what happened, the connection to work, and the medical consequences. The first practical steps are to obtain medical records, preserve the incident timeline, and check whether the employer has submitted a work-injury recognition application.

Under Article 17 of China’s Regulation on Work-Related Injury Insurance, the employer generally has 30 days to apply after an accident or occupational-disease diagnosis. If it does not apply within that period, the injured employee, close relative, or trade union may apply directly within one year, subject to the regulation and the competent authority’s procedure.

Record the event and treatment

Write down the date, time, place, task, people present, and how the injury occurred while details are fresh. Keep emergency and follow-up medical records, diagnostic materials, receipts, photographs, incident reports, attendance records, work instructions, and messages with supervisors. Preserve original files where possible and note who created each record.

If the employer disputes that an injury is work-related, official guidance states that the employer bears the burden of proof in that dispute. This does not remove the employee’s need to submit a coherent application and supporting materials. Evidence of the work relationship, assignment, location, and medical diagnosis can be especially important where there is no written labor contract or the injury occurred away from the usual worksite.

Check who must file and when

The employer generally must submit the recognition application within 30 days of the accident or occupational-disease diagnosis. If it fails to do so, the employee, a close relative, or the trade union may apply directly within one year. The application is made to the competent social-insurance administrative department for the relevant coordinating area. Confirm its current form, submission channel, and document checklist rather than relying on an old local checklist.

Article 18 of the Regulation identifies core application materials, including an application form, materials showing the employment relationship, and medical diagnostic documents. If a deadline is approaching, get advice promptly about the correct filing authority and how to document a submission.

Recognition and disability assessment are separate steps

A work-injury recognition decision addresses whether the injury qualifies under the regulation. If the injury later affects working capacity, a labor-capacity assessment is a separate process. The employee or employer may apply to the municipal labor-capacity assessment committee with the recognition decision and relevant medical materials. Compensation and benefits depend on the recognition result, assessment, insurance contributions, injury circumstances, and local implementation.

Sources: Regulation on Work-Related Injury Insurance, Articles 17–19 and 23; State Council guidance on employer duties in work-injury insurance.

This overview is general information. Local filing requirements and the facts of the injury matter.

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This insight is general information for orientation on China-related legal topics. It is not legal advice and does not create an attorney–client relationship. Prefer primary statutes, courts, and official guidance when making decisions.

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Xiaofang Xia, Employment & Labor lawyer

About the author

Xiaofang Xia

Jiangsu New Wave Law Firm. Verified listing on China Law List. Insights are educational and do not create an attorney–client relationship.

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