If an application for work-related injury recognition is not submitted within 30 days, the costs incurred during that period shall be borne by the employer

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After workers suffer accidents at work, some employers often think that since work-related injury insurance has been obtained, the relevant costs will be covered by the social security fund; as a result, they delay or even deliberately fail to apply for recognition of the work-related injury. Recently, the People’s Court of Qidong City in Jiangsu Province resolved a similar case related to work-related injury benefits; the employer was ordered to cover the employee’s medical expenses and hospital meal allowances incurred during the period when it failed to file a claim for work-related injury within 30 days. In November 2013, Cheng signed an employment contract with Company A for a period of two years, and Company A arranged work-related injury insurance for Cheng. In April 2014, Cheng was accidentally injured at work and had to be hospitalized for 13 days, incurring medical expenses of over 30,000 yuan. After the incident, Company A failed to apply for work-related injury recognition on Cheng’s behalf within 30 days; instead, Cheng applied on his own in June 2014. After the work-related injury determination and disability assessment were completed, Mr. Cheng applied to the social security fund for reimbursement of medical expenses, meal allowances, and other costs, but was informed that since Company A failed to apply for work-related injury recognition within 30 days, the social security fund would not cover those expenses. Cheng then applied for labor arbitration, but the application was not accepted. Cheng filed a lawsuit at the Qidong Court. Company A argued that it had arranged work-related injury insurance for Mr. Cheng, and that the aforementioned costs should be covered by the social security fund; since the social security fund refused to pay, Mr. Cheng should file an administrative lawsuit rather than suing Company A for compensation. After reviewing the case, the court held that the medical expenses for treating work-related injuries and the allowances for hospital meals should, in accordance with **relevant regulations, be covered by the work injury insurance fund. However, Article 17 of the Work Injury Insurance Regulations stipulates that when an employee suffers an accident-related injury, the employer must submit an application for work injury recognition to the social insurance administration department in the relevant jurisdiction within 30 days from the date of the injury. In case of special circumstances, with approval from the social insurance administration department, the application deadline may be appropriately extended; if an employer fails to apply for work-related injury recognition within the specified time frame, the employer shall bear the relevant costs associated with work-related injury benefits incurred during that period. Company A failed to submit an application for work-related injury recognition within 30 days from the date of Cheng’s accident, nor did it apply to the social insurance administration department for an extension of the submission deadline; therefore, the medical expenses and hospital meal allowances incurred during that period shall be borne by Company A. 【Judge’s opinion】It is in the interest of employers to apply for work-related injury recognition promptly for their employees, as this serves to protect their own interests. Work-related injury insurance premiums are social insurance fees imposed on employers; they are intended to ensure that workers who suffer work-related injuries can receive timely medical treatment and financial compensation, thereby helping to spread the risks associated with work-related injuries among employers. Article 17 of the Regulations on Work-related Injury Insurance appears to be aimed at protecting the rights and interests of workers, but in reality it also serves to safeguard the legitimate rights and interests of enterprises themselves. The main treatment costs associated with work-related injuries for workers typically arise in the first month following the injury. If an application for work-related injury recognition is not filed in a timely manner, the employer will have to bear the high medical expenses, and this responsibility does not disappear just because the company has obtained work-related injury insurance. Only when an enterprise applies to the social insurance administration department for work-related injury recognition in a timely manner as required can the medical expenses for treating work-related injuries and the accommodation allowances during hospitalization be covered by the work-related injury insurance fund.