If you’re injured at work or hit while commuting, the first step is to get a work‑injury determination; if your employer won’t file it, you must do it yourself.

11. If you’re injured at work or hit while commuting, the first step is to get a work‑injury determination; if your employer won’t file it, you must do it yourself.

Cost: There is no cost — just a trip to the social insurance authority. You’ll need three documents: a work‑injury determination application form, proof of employment, and a medical diagnosis certificate.

In plain terms: Injuries that happen at work are considered work‑related injuries. Being hit while commuting — provided you bear no significant fault — also qualifies as a work‑injury. Without a formal work‑injury determination, however, you won’t receive medical coverage, wage replacement during recovery, or disability benefits. Employers must file the application within 30 days; if they fail to do so, you, your family, or a labor union may file it within one year.

Benefit: Without a work‑injury determination, all related benefits disappear: medical care, wage continuation while you recover, and disability payments. If an employer misses the 30‑day deadline, it must pay all required benefits out of its own funds.

Evidence grade: A

Sources: State Council of China (revised in 2010). Regulation on Work-Related Injury Insurance (State Council of China Order No. 586) Article 14 lists seven types of injuries that "should be recognized as work-related injuries", including "(6) On the way to and from get off work, injured by a traffic accident or urban rail transit, passenger ferry, or train accident that is not the main responsibility of the person"; Article 17 "The unit where the accident injury occurs or is diagnosed, Within 30 days from the date of identification of an occupational disease, an application for work-related injury identification shall be submitted to the coordinating regional social insurance administrative department. "If the employer fails to submit an application for work-related injury identification in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives, or the trade union organization shall be diagnosed on the date of the accident or injury, Within one year from the date of identification of an occupational disease, an application for work-related injury identification can be submitted directly to the social insurance administration department in the coordinating area where the employer is located. "If the employer fails to submit 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 benefits that comply with the provisions of these regulations during this period." Article 19 "If the employee or his close relatives believe that it is a work-related injury, but the employer does not think it is a work-related injury, the employer shall bear the burden of proof." Article 20: "A decision on work-related injury determination shall be made within 60 days from the date of acceptance of the application for work-related injury determination"; Article 55, "Those who are dissatisfied with the decision not to accept the application for work-related injury determination" or "are dissatisfied with the conclusion of work-related injury determination", "may apply for administrative reconsideration in accordance with the law, or may file an administrative lawsuit with the People's Court in accordance with the law." <https://www.gov.cn/gongbao/content/2011/content_1778064.htm>; Supreme People's Court of China (2014). Provisions on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance (Fa Interpretation [2014] No. 9) Article 7: "If the application period for work-related injury identification is exceeded due to reasons that do not belong to the employee or his close relatives, the delayed time will not be counted in the application period for work-related injury identification." The listed situations are "(1) Force majeure; (2) Restriction of personal freedom; (3) Reasons attributed to the employer; (4) The registration system of the social insurance administrative department is imperfect; (5) The parties apply for arbitration and file civil lawsuits as to whether there is a labor relationship. <https://www.court.gov.cn/fabu/xiangqing/6775.html>

Notes: The one‑year deadline is absolute — after that you can’t apply. The burden of proof rests with the employer: if it denies that an injury is work‑related, it must provide evidence to the contrary. Still, you should keep your own records — photos from the scene, coworkers’ contact info, medical records, and attendance logs. Article 16 lists three situations where injuries are not considered work‑related: intentional criminal acts, intoxication or drug use, and self‑inflicted harm or suicide. Article 15 also defines “deemed work‑injuries”: death from a sudden illness at work or within 48 hours after unsuccessful emergency treatment.