An Analysis Of The Nature Of Application Period For Work Injury

There are not provisions on the nature of one-year application period of injured workers in Regulations on Work-related Injury Insurance and Measures on Work-related Injuries, which belongs to the tempus fatale or the statute of limitations to suspend or interrupt has been contradictory.In theory,there are four major opinions on the nature of application period for industrial injury: 1. it belongs to the statute of limitations; 2. it belongs to the scheduled period; 3. if organizations apply, it is the statute of limitations; if workers and their close relatives apply, it is the scheduled period. 4. it neither belongs to the statute of limitations nor scheduled period, the nature is a provision on a procedural deadline only, which the social insurance administrative department accept work-related injury certification. Lawyers held different views on this question: some of them hold the deadline is tempus fatale on the side of the corporations; some consider that it belongs to the statute of limitations from the injured worker’s point of view; it can be suspended, interrupted and extended. In judgment, there are considerable differences verdicts for such cases, even the case is the same, some courts determine that the deadline is the statute of limitations, and some rule it is the scheduled period, no suspension, termination and extension.The first part, the author introduces a case to lead to the issue to be discussed, elaborates and analyses the disputed points, and presents the different views of the nature of the application period on work-related injuries of domestic scholars, make a comparative analysis. On this basis, the author elaborates his own viewpoint: the deadline of work-related injuries certification belongs to the statute of limitations in nature, which can be explained referring to the provisions of the Civil Litigation.The second part, the author demonstrates from a macroscopic of the selection of the legislative value, and application period of work-related injuries on a micro level: the period of work-related injuries certification is not the scheduled period. From existing legislative phrase point of view, it may be misread on the application period of work-related injury of injured workers as "the limitation of prosecution" or "the statute of limitations". In Chinese system of limitation of action, there are criminal statute of limitations, civil litigations and administrative litigations. The period of work-related injuries certification belongs to the statute of limitations in nature, which can be explained referring to the provisions of the Chinese Civil Litigation.The third part, the author makes a deeper analysis to the nature of the period of work-related injuries certification by reference to provisions of the interruption, extension and suspension in Civil Litigation. The period can be interrupted, but the condition is to apply for work-related injuries certification to the social security administration departments. And it can be extended; the reason of extension is force majeure. The period has the characteristics of suspension; the reason is that there are other objective situation leading to the rights-holders can not claim their rights.The fourth part is the conclusion. Based on the above analysis, the author considers the period of work-related injuries certification in nature is the statute of limitations, which can be explained referring to the provisions of the Chinese Civil Litigation, and can be interrupted, suspended and extended.