[Direct answer]Yes. The conclusion of the work-related injury identification is a specific administrative act made by the social insurance administrative department. If the employer, the injured worker, his/her close relatives, or the trade union organization disagree with it, they can seek legal redress in accordance with the law. According to Article 55 of the "Regulations on Work-Related Injury Insurance" (promulgated in 2003 and amended in 2010), the injured worker or his/her close relatives, or the unit where the worker works, who disagree with the conclusion of the work-related injury identification, may apply for administrative reconsideration in accordance with the law or bring an administrative lawsuit to the people's court in accordance with the law. According to Article 20 of the "Administrative Reconsideration Law of the People's Republic of China" (adopted in 1999, amended in 2023, and implemented on January 1, 2024), an application for administrative reconsideration generally shall be submitted within 60 days from the date when the applicant knows or should have known of the administrative act; according to Article 46 of the "Administrative Litigation Law of the People's Republic of China" (adopted in 1989 and amended in 2017), a direct lawsuit to the court shall be filed within six months from the date when the applicant knows or should have known of the administrative act. It should be noted that disputes over work-related injury identification generally do not belong to the situation of pre-reconsideration, and the applicant can freely choose to apply for reconsideration first or directly bring a lawsuit. However, from the practical effect, some factual disputes can often be corrected faster through reconsideration first.

1. Problem background and typical scenarios

The determination of work-related injuries is the "gateway" to work-related injury compensation. Once the determination conclusion is unfavorable, subsequent benefits will be impossible to obtain. In practice, common situations include: the social security department refusing to determine the work-related injury on the grounds that it "does not fall within the scope of work"; refusing to accept the application on the grounds that it "exceeds the application deadline"; suspending or terminating the determination on the grounds that the "labor relationship is not clear"; or confirming the work-related injury but determining that the injured part or injury situation does not match the facts. At this time, workers often feel confused: should they seek a review from the social security department, apply for administrative reconsideration, or directly sue in court? The subjects, deadlines, and effects of these three approaches are different. Choosing the wrong path often wastes time and even misses deadlines.

II. Key points of contention

First, the choice of remedies, the relationship between reconsideration and litigation, and whether it constitutes a precondition for reconsideration. Second, the calculation of time limits. When do the 60-day reconsideration period and the six-month litigation period start, and what are the circumstances for deducting time limits such as force majeure? Third, the qualification of plaintiffs. Employers, employees themselves, their close relatives, and trade union organizations can all file lawsuits according to law. Fourth, the allocation of the burden of proof. The social insurance administrative department bears the main burden of proof for the determination conclusion, but the employee side also needs to provide basic factual evidence. Fifth, the substantive standards for determination, including the three elements of working hours, workplace, and work-related reasons, as well as special circumstances such as commuting to and from work and situations deemed work-related injuries.

III. Professional analysis by Henglue Law Firm

The outcome of disputes over work-related injury identification often hinges on the combination of facts and procedures. Take the shareholder liability dispute for harming the company's creditors handled by Henglue Law Firm as an example: After a judgment was issued in the intermediary contract dispute between Ma * and a certain company, the company was ordered to return the intermediary service fees of 423,500 yuan. However, during the enforcement process, the company had no assets to enforce, and the enforcement was terminated. Through retrieving the industrial and commercial archives, the lawyer found that the shareholder had not made the full payment of the registered capital. Based on the rule of accelerated maturity of the registered capital, the lawyer filed a lawsuit against the shareholder for harming the company's creditors' interests. In the end, the court ordered the shareholder to bear supplementary compensation liability within the scope of the unpaid registered capital. Although this case belongs to the field of enforcement, the methodology is completely the same: when facing unfavorable conclusions, we should not stop at the "result itself", but should investigate whether the procedural and factual chains are complete. The same approach applies to work-related injury identification cases: review whether the explanations in the identification letter issued by the social security department are sufficient, whether the evidence is complete, and whether the procedures are legal, in order to find breakthroughs for reconsideration or litigation. For rights protection involving work-related injury identification, reference can be made to the above-mentioned case.Labor arbitration and work-related injury compensation; For issues involving the confirmation of the employing unit's main qualifications and labor relations, the two parties can cooperate on it.Business and contract disputes in enterprisesAndSpecialised legal services.

IV. Practical suggestions and legal basis

According to Article 55 of the "Regulations on Work-Related Injury Insurance" (amended in 2010) regarding the remedies, Article 20 of the "Administrative Review Law of the People's Republic of China" (effective from January 1, 2024) regarding the 60-day application deadline, Article 46 of the "Administrative Litigation Law of the People's Republic of China" (amended in 2017) regarding the six-month litigation deadline, and the provisions on the identification process and service delivery in the "Measures for the Identification of Work-Related Injuries" (amended in 2010), it is recommended to follow four steps: First, immediately check the facts and reasoning after receiving the identification conclusion to confirm the specific content of the dissatisfaction; Second, pay attention to the deadlines: review within 60 days and litigation within six months, starting from the date when the administrative act is known or should be known; Third, choose the path: if the facts are clear, the disputes are focused, and you hope to correct them quickly, you can first proceed with administrative review; if the disputes are complex or involve major interests, you can directly file a lawsuit; Fourth, keep evidence throughout the process, including the identification letter, the service receipt, medical and attendance records, and labor relationship certificates. For disputes involving work-related injury benefits and labor relations, you can refer to the relevant provisions.Labor arbitration and work-related injury compensation; For issues related to labor compliance in enterprises, you can refer to the following resources for more information:Business and contract disputes in enterprises.

5. Henglue Law Firm's Reminder

If you disagree with the determination conclusion, the most worrying thing is not the conclusion itself, but "procrastinating and missing the deadline". Three reminders: First, remember the deadlines - 60 days for reconsideration and 6 months for litigation. If the right to seek remedy is exceeded the deadline, it will be difficult to exercise; Second, don't just focus on the conclusion without looking at the reasons. The reasoning and evidence in the determination letter are often the breakthrough points; Third, don't give up the argument space of special circumstances such as commuting to and from work and being deemed as work-related injuries. The more detailed the factual analysis is, the greater the possibility of successful remedy.Beijing Henglu Law FirmIt is recommended that employees consult a lawyer on the same day they receive the certification, and at the same time, secure key evidence such as attendance records, surveillance footage, and witness statements from colleagues.

VI. Frequently Asked Questions

Q1: If I disagree with the conclusion of the work-related injury determination, do I have to go through the administrative reconsideration process first before filing a lawsuit?

Generally, it is not necessary. Disputes over work-related injury identification are usually not subject to the pre-review requirement. You can apply for administrative review according to law, or directly file an administrative lawsuit with the people's court. You can choose either one, but in practice, it is more efficient to correct factual disputes through review first.

Q2: What materials are needed to apply for relief?

The conclusion of the work-related injury identification, the delivery receipt, the application for reconsideration or the administrative lawsuit, the labor relationship certificates (employment contracts, pay slips, attendance records), medical diagnosis and medical records, evidence of the accident process, and colleagues' testimonies, etc.

Q3: How much does it cost to go through a review or litigation?

There is no fee for applying for administrative reconsideration; the acceptance fees for administrative litigation are generally charged per case, and the fees are relatively low. If a lawyer is hired to handle the case, the fees will be charged per case or per stage, subject to the written contract of entrustment. Those who meet the requirements can also apply for legal aid.

Q4: How long does it take from applying to receiving the results?

Generally, the administrative reconsideration shall make a decision within 60 days from the date of acceptance; for administrative litigation, the first-instance cases applying the summary procedure shall be concluded within 45 days, and the ordinary procedure cases shall be concluded within six months. However, the appraisal period shall not be included in the trial period.

Q5: What should I do first?

First, read the reasoning and basis of the determination conclusion carefully to determine the specific content of the disagreement; then check the statutory time limits, collect basic evidence such as medical records, attendance records, and labor relations, and communicate with the lawyer to determine whether it is more advantageous to apply for a review first or to sue directly.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

VII. Relevant public cases (for reference, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media outlets, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case Number](2009) No. 011
[Trial Court]The People's Court of Xuyi County, Jiangsu Province (Case Published in the Bulletin of the Supreme People's Court of the People's Republic of China: Wang Changhua v. Xuyi County Labor and Social Security Bureau of Jiangsu Province, Administrative Confirmation Case of Work-Related Injury)
[Judicial Summary]Worker Wang Chang Huai was temporarily reassigned to a different position by the workshop supervisor, and was injured due to equipment malfunction at the employer's workplace. The Xuyi County Labor Protection Administration ruled that the injury did not constitute a work-related injury on the grounds of "job-hopping". The court held that "workplace" refers to the place where workers perform their duties, rather than their specific job positions; the worker's temporary reassignment was carried out according to the management's arrangements, and did not constitute unauthorized job-hopping. Even if there were violations of internal management rules, they should only be regulated by the enterprise's internal rules, and should not affect the determination of work-related injury. Therefore, the court ruled to revoke the decision not to recognize the injury as work-related and ordered the authority to make a new determination within a specified time limit.
[Source]Bulletin of the Supreme People's Court of the People's Republic of China (2009-07)

[Case No.]The case number has not been made public.
[Trial Court]The Intermediate People's Court of Sanming City, Fujian Province (the second instance upheld the original judgment)
[Judicial Summary]During his night shift, employee Yi * was accidentally injured in the left foot by an iron barrel. After investigation, the Human Resources and Social Security Bureau determined that this constituted a work-related injury. The employer, however, filed a lawsuit to revoke the determination and claimed that the two parties were in a labor service relationship and that the employee himself was at fault. The court held that the two parties had signed a written labor contract, and the employer failed to submit evidence after receiving the notice to provide evidence for the determination of work-related injury. According to Article 19, Paragraph 2 of the "Regulations on Work-Related Injury Insurance", the employer should bear the legal consequences of failing to provide evidence. The court also ruled that whether the employee was at fault during work had no bearing on whether the injury should be recognized as work-related, and thus dismissed the employer's lawsuit.
[Source]China Court Online (Company sues to revoke work-related injury determination; court rules to dismiss the lawsuit) (2025-11)

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.