Legal analysis: to do level identification need to go to the injured person himself to the place of the incident where the labor security administrative department of the work injury identification department to apply for identification. For the identification of whether the work injury can be made at that time.
Legal basis: "The Chinese People's **** and State Social Insurance Law"
Article 38 The following expenses incurred due to work-related injuries shall be paid out of the Work Injury Insurance Fund in accordance with the state regulations:
(1) medical expenses for treatment of work-related injuries and rehabilitation costs;
(2) hospitalization meal allowance;
(3) transportation and accommodation expenses for medical treatment outside of the co-ordinated area;
(3) transportation and accommodation expenses for medical treatment outside the co-ordinated area;
(d) Expenses for the installation and configuration of disability aids;
(e) Nursing care expenses for those who are unable to take care of themselves, as confirmed by the Labor Ability Appraisal Committee;
(f) Lump-sum disability allowance and monthly disability allowance for employees with Grade 1 to Grade 4 disabilities;
(g) Lump-sum medical allowance for those who should enjoy a lump-sum medical care allowance in the event of termination or dissolution of employment contract;
(h) Lump-sum medical care allowance for those who should enjoy a lump-sum medical care allowance in the event of termination or dissolution of employment contract;
(viii) funeral grants, pensions for dependent relatives, and death grants for work-related deaths for the survivors of work-related deaths;
(ix) fees for the appraisal of labor capacity.
Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with state regulations:
(1) wages and benefits during the period of treatment of the work-related injuries;
(2) monthly disability allowance received by the employees with Grade 5 or Grade 6 disabilities;
(3) one-time disability employment benefits to be enjoyed upon the termination or dissolution of the labor contract.
The Regulations of the People's Republic of China on Work-Related Injury Insurance
Article 17 An employee who has suffered an accidental injury or who has been diagnosed or recognized as having an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases;
the employer's unit shall submit an application for recognition of the work-related injury to the social insurance administrative department of the co-ordinating area within 30 days from the date of the occurrence of the accidental injury or the date of the diagnosis or recognition of the occupational disease. In the event of special circumstances, the time limit for application may be appropriately extended upon the consent of the social insurance administrative department.
If the employer fails to submit an application for recognition of work injury in accordance with the provisions of the preceding paragraph, the injured employee, or his/her close relatives, or the trade union organization may, within one year from the date of the occurrence of the accidental injury or the date of diagnosis or identification of the injury as an occupational disease, directly submit an application for recognition of work injury to the administrative department of social insurance of the co-ordinating region where the employer is located.