专业团队

一、个人是否可以进行工伤申报

根据《工伤保险条例》规定，企业如不按规定向劳动和社会保障行政部门提交工伤认定申请的，工伤职工或其家属可以直接向上述部门进行工伤认定，但提出工伤认定申请是有时效限制的。企业申请的应自工伤事故发生之日起30日内，职工个人或家属申请的，自受伤之日起1年内向上述部门提出，过了时限劳动和社会保障部门就不会予以受理了。

《工伤保险条例》

第十七条 职工发生事故伤害或者按照职业病防治法规定被诊断、鉴定为职业病，所在单位应当自事故伤害发生之日或者被诊断、鉴定为职业病之日起30日内，向统筹地区社会保险行政部门提出工伤认定申请。遇有特殊情况，经报社会保险行政部门同意，申请时限可以适当延长。用人单位未按前款规定提出工伤认定申请的，工伤职工或者其近亲属、工会组织在事故伤害发生之日或者被诊断、鉴定为职业病之日起1年内，可以直接向用人单位所在地统筹地区社会保险行政部门提出工伤认定申请。按照本条第一款规定应当由省级社会保险行政部门进行工伤认定的事项，根据属地原则由用人单位所在地的设区的市级社会保险行政部门办理。用人单位未在本条第一款规定的时限内提交工伤认定申请，在此期间发生符合本条例规定的工伤待遇等有关费用由该用人单位负担。

二、工伤鉴定的程序是怎样的

1、职工发生工伤事故，相关单位负责在24小时内向人事处填报《职工受伤事故报告表》。

2、工资科了解事故发生经过，并收集伤情治疗诊断材料，填制《职工伤残鉴定表》，介绍受伤职工去指定医疗机构作病情鉴定后报处务会研究。

3、必要时，拟定函件及相关材料，报上级主管部门备案。

4、根据鉴定结果，依据相关政策办理相关事宜。处理结果报处长。

5、其他有关事项本程序中未明确的，按人事工作相关程序办理。

1、 Can individuals apply for work-related injury declaration

According to the Regulations on Work Injury Insurance, if an enterprise fails to submit an application for work injury recognition to the labor and social security administrative department in accordance with regulations, the injured employee or their family members can directly apply for work injury recognition to the above-mentioned department. However, there is a time limit for submitting an application for work injury recognition. Applications from enterprises should be submitted within 30 days from the date of work-related accidents. If an employee or their family applies, they should submit it to the above-mentioned department within 1 year from the date of injury. If the time limit is exceeded, the labor and social security department will not accept it.

Degulations on Work Injury Insurance

Article 17: If an employee suffers from an accident injury or is diagnosed or identified as an occupational disease in accordance with the provisions of the Occupational Disease Prevention and Control Law, the employer shall, within 30 days from the date of the accident injury or the date of diagnosis or identification as an occupational disease, submit an application for occupational injury recognition to the social insurance administrative department of the coordinating area. In case of special circumstances, with the approval of the social insurance administrative department, the application deadline may be appropriately extended. If an employer fails to submit an application for work-related injury recognition in accordance with the provisions of the preceding paragraph, the injured employee or their close relatives, or the trade union organization may directly apply for work-related injury recognition to the social insurance administrative department in the place where the employer is located within one year from the date of the accident injury or the date of diagnosis or identification as an occupational disease. According to the provisions of the first paragraph of this article, matters that should be recognized as work-related injuries by the provincial social insurance administrative department shall be handled by the social insurance administrative department of the district level city where the employer is located based on the principle of territoriality. If the employer fails to submit an application for work-related injury recognition within the time limit specified in the first paragraph of this article, and during this period, any expenses related to work-related injury benefits that comply with the provisions of this regulation shall be borne by the employer.