A workplace injury in China can involve urgent treatment, a formal work-injury recognition application, and a separate assessment of disability or work capacity. For a foreign employee, the employment contract, work authorization, insurance enrollment, and local procedures may all affect the steps to take. Do not wait for an internal investigation to finish before checking the filing timetable.
The employer is generally expected to apply for recognition within 30 days after the accident or diagnosis of an occupational disease. If it does not, the employee, a close relative, or a trade union may generally apply within one year. The documents and any exceptions should be confirmed with the local authority.
Get treatment and preserve the incident record
Seek appropriate medical care and ask the provider for diagnosis and treatment records. Record when and where the injury happened, what task was being performed, who was present, and how the employer was notified. Preserve incident reports, safety instructions, shift records, photographs, messages, and witness details. If the injury developed over time or is an occupational disease, keep the diagnosis and work-history records.
Do not sign a statement that misdescribes the event or accept a private payment as a complete resolution without understanding its effect. Keep copies of the employment contract, job description, work permit, insurance enrollment, wage records, and any insurer communication.
Work-injury recognition and timing
The Ministry of Human Resources and Social Security’s Work-Injury Recognition Measures generally require the employer to apply to the competent social-insurance administrative department within 30 days after the accident or diagnosis. If the employer does not apply within that period, the injured employee, a close relative, or a trade union may generally apply directly within one year. Certain circumstances may affect how a deadline is calculated, so confirm the local rule promptly.
The application commonly requires the relevant form, evidence of the labor or employment relationship, and a medical diagnosis or occupational-disease record. If the employer disputes that the injury is work-related, the authority may request additional evidence. Recognition and assessment of the employee’s work-capacity level are separate steps.
Foreign employee considerations
Do not assume that a foreign national is excluded or that every foreign worker has identical coverage. Check the applicable social-insurance rules, the employee’s work authorization and contract, whether contributions were made, any relevant international arrangement, and the location where the work occurred. A local labor authority or lawyer can confirm which filing office has jurisdiction.
After recognition, the available medical and compensation benefits depend on the applicable regulations, insurance participation, the injury assessment, and local implementation. A calculation should use the employee’s actual records and the governing local standards, not a generic online estimate.
Records checklist
- Medical diagnosis, treatment, and rehabilitation records.
- Incident date, location, task, witnesses, and employer notification.
- Employment contract, work authorization, payroll, and social-insurance records.
- Employer accident reports, safety procedures, and insurer correspondence.
- Copies of every application, receipt, and decision from the competent authority.
Sources: Work-Injury Recognition Measures, Articles 4–6; Labor Contract Law; China Employment Network guidance for injured workers.
