Work Injury Compensation in China: How to File a Claim 2026

Direct Answer: If you are injured at work in China, you are entitled to compensation under the Social Insurance Law and the Regulation on Work-Related Injury Insurance. The first step is to report the injury to your employer within 24-48 hours, and the employer must file a formal claim with the local Social Insurance Bureau within 30 days. If the employer fails to do so, you can file yourself within 1 year. Compensation covers medical expenses, lost wages, disability benefits, and, in severe cases, death benefits.

1. Conditions for a Valid Work Injury Claim

Under Article 14 of the Regulation on Work-Related Injury Insurance (2010 Revision), a work injury must meet one of these conditions:

• During work hours and at the workplace – including reasonable breaks and preparatory work.
• During work-related travel – such as business trips or commuting to/from a temporary work site.
• Caused by work equipment or environment – e.g., machinery accidents, toxic exposure, or repetitive strain.
• Injuries from work-related violence – if the assault is related to job duties.
• Occupational diseases – as listed in the national catalog (e.g., pneumoconiosis, noise-induced hearing loss).

Exclusions (Article 16): Intentional self-harm, drug/alcohol abuse, or criminal acts are not covered.

2. Legal Basis: Key Chinese Laws

Your claim is governed by these primary sources:

1. Social Insurance Law (2018 Amendment) – Articles 36-42 establish the employer’s obligation to pay work injury insurance premiums and the employee’s right to benefits.
2. Regulation on Work-Related Injury Insurance (2010 Revision) – The detailed implementation rules, including definitions, procedures, and benefit calculations.
3. Labor Contract Law (2012 Amendment) – Article 42 prohibits termination of a labor contract during a work injury medical treatment period.
4. Civil Code (2020) – Article 1191 holds the employer vicariously liable for employee injuries caused by work activities. This is used when the injury does not strictly qualify as a “work injury” under the insurance system (e.g., gross employer negligence).

3. Step-by-Step Procedure

Step 1: Immediate Actions (0-48 hours)

• Seek medical treatment at a designated hospital (ask HR for the list of approved hospitals).
• Report the injury to your supervisor or HR in writing (email or WeChat is acceptable, but keep screenshots).
• Collect evidence: photos of the accident scene, witness statements, medical records, and time-stamped CCTV footage if available.

Step 2: Employer’s Obligation (within 30 days)

Your employer must file a Work Injury Report with the local Social Insurance Bureau (SIB) within 30 days of the accident. The employer provides:

• Completed Application for Work Injury Identification (form available at SIB or online).
• Copy of the labor contract or proof of employment (pay slips, attendance records).
• Medical diagnosis certificate.
• Accident report (signed by employer and employee).

If the employer delays, they may be fined and must pay your full salary during the delay period (Article 17, Regulation).

Step 3: Self-Filing (if employer fails to act)

If the employer does not file within 30 days, you or your family can file directly with the SIB within 1 year from the accident date. You will need the same documents, plus a written statement explaining why the employer did not file. The SIB will investigate and may issue a decision within 60 days.

Step 4: Injury Identification (工伤认定)

The SIB reviews the application and issues a Work Injury Identification Decision (usually within 60 days). If approved, you receive a certificate that unlocks all benefits. If denied, you can appeal to the local government or file an administrative lawsuit within 60 days.

Step 5: Medical Treatment and Benefits

Once identified, you are entitled to:

• Full salary during the medical treatment period (up to 12 months, extendable to 24 months with SIB approval).
• Medical expenses – covered by the work injury insurance fund at 100% for approved treatments.
• Disability benefits – if you suffer permanent impairment. The amount depends on the disability grade (1-10, with 1 being most severe). For example, Grade 1 disability: 90% of your average monthly wage for life. Grade 10: 7 months’ wages as a lump sum.
• Death benefits – if the injury is fatal: 20x the national average annual disposable income (about ¥1.2 million in 2025) plus funeral expenses and dependent allowances.

Step 6: Return to Work or Severance

After recovery, you may return to your original job or a modified role. If you cannot work at all, you may receive a monthly disability pension. If you choose to resign, you get a lump-sum severance (Article 36-37, Regulation).

4. Practical Caveats and Common Pitfalls

• Employers without insurance: If your employer did not pay work injury insurance premiums (common in small factories), they are personally liable for all compensation. You can still file for identification with the SIB, but you may need to sue the employer in labor court to recover the money.
• Contract workers and gig workers: If you are a dispatch worker (labor dispatch) or independent contractor, the liability falls on the actual employer (the company that controls your work). For gig workers (e.g., delivery drivers), courts increasingly apply the Civil Code Article 1191 if the platform exercises significant control.
• Statute of limitations: The 1-year filing deadline is strict. After 1 year, the SIB will reject the claim, and you lose the right to insurance benefits. However, you can still sue the employer for damages under the Civil Code within 3 years.
• Disability grade disputes: If you disagree with the disability grade assigned by the SIB’s designated hospital, you can request a re-evaluation by a higher-level medical committee within 15 days.

5. Frequently Asked Questions (FAQ)

Q1: I was injured on my way to work. Is that covered?

Yes, but only if you were commuting directly between home and your regular workplace, using a reasonable route, and the injury was caused by a traffic accident where you are not the primary responsible party (Article 14(6), Regulation). Walking into a pothole or slipping on ice is not covered.

Q2: My employer says I was “negligent” and refuses to pay. Can they do that?

No. China’s work injury system is no-fault. Even if you were careless, as long as the injury meets the conditions in Step 1, you are entitled to compensation. The only exceptions are intentional self-harm, intoxication, or criminal acts (Article 16).

Q3: How much will I actually receive for a minor injury (e.g., broken arm)?

For a temporary injury that heals fully, you receive 100% of your salary during medical leave (up to 12 months). After recovery, you get a lump-sum disability payment if the injury leaves any permanent effect. For a broken arm with full recovery, the disability grade is usually 10, entitling you to 7 months of your average wage (e.g., if your monthly wage is ¥8,000, you get ¥56,000).

Q4: Can I work while receiving work injury benefits?

No, during the medical treatment period, you are expected to focus on recovery. If you work while claiming full salary, the employer or SIB may demand repayment. After the medical period, you can return to light duty if your doctor approves.

Q5: What if my employer is a foreign company without a Chinese entity?

Foreign employers without a legal presence in China must still register for work injury insurance for locally hired employees. If they do not, the employee can file a claim with the SIB, and the employer will be assessed a penalty. The employee may also sue the foreign company in Chinese courts, which can enforce judgments against the company’s assets in China.

6. When to Seek Legal Help

If your employer refuses to cooperate, disputes the injury, or fails to pay benefits, you should:

• Call 12348 – China’s free legal aid hotline, available in English and Chinese. They can refer you to a pro bono lawyer or labor arbitration center.
• File a labor arbitration claim within 1 year of the dispute. This is often faster than court.
• Consult a licensed lawyer for complex cases (e.g., occupational disease, death, or employer bankruptcy).

7. Conclusion and Next Steps

Filing a work injury claim in China is a structured process, but delays are common. Your priority is to report the injury immediately, preserve evidence, and monitor your employer’s filing. If you encounter resistance, do not wait—file directly with the SIB or seek legal aid.

Laws and regulations are subject to change and local interpretation. For authoritative answers, consult a licensed lawyer or call 12348 China Legal Services.

For specific situations (e.g., injury while working from home, foreign worker status, or pre-existing conditions), use our online legal assistant to get a personalized assessment based on your city and industry.