Order of the Ministry of Labor and Social Security of the People's Republic of China
(No. 17)
The Measures for the Ascertainment of Work-Related Injuries, which were adopted by the Ministry of Labor and Social Security at the 5th ministry meeting on September 18, 2003, are hereby promulgated, and shall come into force as of January 1, 2004.
Minister: Zheng Silin
September 23, 2003
Measures for the Ascertainment of Work-Related Injuries
| | 中华人民共和国劳动和社会保障部令
（第17号）
《工伤认定办法》已于2003年9月18日经劳动和社会保障部第5次部务会议通过，现予颁布，自2004年1月1日起施行。
部长 郑斯林
二00三年九月二十三日
工伤认定办法
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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, and ascertaining the work-related injuries according to law, as well as safeguarding the legal rights and interests of the parties.
| | 第一条 为规范工伤认定程序，依法进行工伤认定，维护当事人的合法权益，根据《工伤保险条例》的有关规定，制定本办法。
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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.
| | 第二条 劳动保障行政部门进行工伤认定按照本办法执行。
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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.
| | 第三条 职工发生事故伤害或者按照职业病防治法规定被诊断、鉴定为职业病，所在单位应当自事故伤害发生之日或者被诊断、鉴定为职业病之日起30日内，向统筹地区劳动保障行政部门提出工伤认定申请。遇有特殊情况，经报劳动保障行政部门同意，申请时限可以适当延长。
按照前款规定应当向省级劳动保障行政部门提出工伤认定申请的，根据属地原则应向用人单位所在地设区的市级劳动保障行政部门提出。
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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.
| | 第四条 用人单位未在规定的期限内提出工伤认定申请的，受伤害职工或者其直系亲属、工会组织在事故伤害发生之日或者被诊断、鉴定为职业病之日起1年内，可以直接按本办法第三条规定提出工伤认定申请。
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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:
| | 第五条 提出工伤认定申请应当填写《工伤认定申请表》，并提交下列材料：
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1. The photocopy of the labor contract or other effective documents proving the existence of the labor relation; and
| | （一）劳动合同文本复印件或其他建立劳动关系的有效证明；
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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) as 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.
| | （二）医疗机构出具的受伤后诊断证明书或者职业病诊断证明书（或者职业病诊断鉴定书）。
工伤认定申请表的样式由劳动保障部统一制定。
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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.
．．．．．． | | 第六条 申请人提供材料不完整的，劳动保障行政部门应当当场或者在15个工作日内以书面形式一次性告知工伤认定申请人需要补正的全部材料。
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