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受伤职工超过工伤认定申请期限申请工伤认定,社会保险行政部门不予受理,导致受伤职工无法享受工伤待遇;受伤职工直接向人民法院起诉要求享受工伤待遇或以人身损害为由要求获得民事赔偿,人民法院不予受理,最终导致受伤职工无法享受工伤待遇或民事赔偿。应将工伤认定申请期限性质理解为准诉讼时效;社会保险行政部门应当充分承担起维护工伤职工合法权益的职责,不宜由人民法院直接认定工伤。
Injured workers apply for a period of more than the work injury claims for work-related injuries identified, social insurance administrations will not be accepted, resulting in injuries workers can not enjoy the work injury treatment; injured workers directly to the people’s court for compensation for work-related injuries or personal injury claims for civil compensation, the people The court rejected the case, resulting in the injured workers can not enjoy the treatment of work-related injuries or civil compensation. The nature of the deadline for application for the recognition of work-related injury should be understood as the limitation of lawsuit; the social insurance administrative department should fully assume the responsibility of safeguarding the lawful rights and interests of workers injured and shall not be found directly injured by the people’s court.