The injuries of the employing unit's personnel at work are treated as work-related injuries. If the unit does not apply for identification of work-related injury, the employee can also apply by himself.
If the employer fails to issue an accident report and apply for work-related injury identification as required after an injury (death) accident occurs to an employee of the employer, the injured employee or his relatives can apply for work-related injury identification to the local labor and social security bureau where the employee is insured or where the business license of the enterprise is registered.
[Legal Basis]
Article 14 of the Regulations on Industrial Injury Insurance stipulates that an employee who has one of the following circumstances shall be deemed as an industrial injury:
(1) Injuries caused by accidents during working hours and in the workplace;
(2) Those who are injured by accidents while engaged in preparatory or finishing work related to work in the workplace before and after working hours;
(3) Accidental injuries such as violence during working hours and in the workplace due to the performance of work duties;
(4) Suffering from occupational diseases;
(5) Injured due to work or missing due to accident during the period of going out for work;
(6) On the way to and from work, he is injured by a traffic accident for which he is not primarily responsible or an urban rail transit, passenger ferry or train accident;
(7) Other circumstances that shall be recognized as work-related injuries according to laws and administrative regulations.