The declaration time of occupational diseases is mainly based on the Law on the Prevention and Control of Occupational Diseases and its supporting system. According to different diseases, the declaration time is different. Enterprises and units that fail to declare within the time limit will face penalties such as fines and administrative penalties. The specific provisions are as follows: 1. Report to the employer and the labor and social security department within 30 days from the date of discovery or diagnosis of occupational diseases; 2. The employing unit shall, within 5 working days after receiving the declaration, submit the declaration materials to the labor and social security department, and provide corresponding medical treatment and help for the sick workers; 3. After receiving the declaration, the labor and social security department shall make a decision on whether to recognize it as an occupational disease within 15 working days from the date of receiving the declaration; 4. Within 3 years from the date of leaving the post for treatment, if the relevant departments have not carried out occupational disease identification, they can apply for identification through legal channels. It should be noted that the above provisions are only for occupational diseases listed in the Catalogue of Occupational Diseases. For diseases not listed in the catalogue, they should be declared and identified according to the actual situation.
What if the employer does not admit that it is an occupational disease? According to the relevant provisions of the Law on the Prevention and Control of Occupational Diseases, if the employer does not admit that it is an occupational disease, the patient may file an objection complaint with the labor and social security department. After receiving the complaint, the labor and social security department shall make a decision within 15 working days from the date of receiving the complaint, and notify the complainant and the employer in writing. If the labor and social security departments still can't identify it as an occupational disease, the patient can bring a lawsuit to the judicial organ, request to identify it as an occupational disease, and can make corresponding compensation requirements.
The time regulation of occupational disease declaration is an important content to protect the rights and interests of employees and prevent occupational diseases. The employing unit shall strengthen the management of occupational disease prevention and control, find occupational diseases in time, properly handle the procedures of occupational disease declaration, and ensure the health of employees. For patients with occupational diseases, it is necessary to understand their rights and interests and the declaration process, and seek help and rights protection from relevant departments in time.
Legal basis:
Article 17 of the Regulations on Industrial Injury Insurance in People's Republic of China (PRC), if an employee suffers from an accident injury or is diagnosed and identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease, apply to the social insurance administrative department in the overall planning area for industrial injury identification. Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended. If the employing unit fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the employees with work-related injuries or their relatives and trade unions may apply for work-related injury identification directly to the social insurance administrative department where the employing unit is located within 1 year from the date of accident injury or occupational disease diagnosis and identification. In accordance with the provisions of the first paragraph of this article, matters that should be identified by the provincial social insurance administrative department shall be handled by the municipal social insurance administrative department located in the district where the employer is located in accordance with the principle of territoriality. If the employer fails to file an application for work-related injury identification within the time limit specified in the first paragraph of this article, the employer shall bear the relevant expenses such as work-related injury treatment in accordance with the provisions of these regulations during this period.