Special provisions are superior to ordinary provisions, that is to say, where there are special provisions, special provisions are applicable. Article 14 1 of the General Principles of Civil Law of our country stipulates: "If the law has other provisions on prescription, such provisions shall prevail.
First, short-term prescriptions. Short-term limitation refers to the limitation of action of less than two years.
Article 136 of China's General Principles of Civil Law stipulates: "The following limitation period is one year: 1. Ask for compensation if you are physically injured; 2, the sale of substandard goods undeclared; 3. Delaying or refusing to pay the rent; 4. The deposited property is lost or damaged. " Others, such as "Guarantee Law" stipulates: "If the guarantor and the creditor of joint and several liability guarantee have not agreed that the guarantor shall bear the guarantee liability, the creditor has the right to require the guarantor to bear the guarantee liability within six months from the date of expiration of the independent debt performance period".
Second, the long-term statute of limitations. Long-term statute of limitations refers to the statute of limitations of more than two years and less than twenty years.
Third, the longest statute of limitations. The longest statute of limitations is 20 years. The time for employees to apply for work-related injury identification is one year. Only when employees are recognized as work-related injuries can they further claim their rights, so this year is the limitation period.
1. There are two ways to claim compensation after work injury: work injury identification and personal injury compensation in civil litigation. Once a work-related injury is identified, higher compensation can be obtained according to national laws and regulations. Therefore, in the 1 year after the industrial accident, it is the fastest and most powerful way to claim compensation for industrial injuries. 2. The limitation of action is suspended or interrupted. The reasons for suspension include failure to exercise the right of claim due to force majeure or other obstacles, and the limitation of action shall continue to be counted from the date when the reasons for suspension are eliminated. Reasons for interruption include filing a lawsuit, making a request or agreeing to perform an obligation. From the time of interruption, the limitation of action is recalculated.
3. 1 year after the industrial accident, under normal circumstances, industrial injury identification and personal injury compensation have passed the time limit. However, if the victim can interrupt the limitation of action within 1 year after the accident, the limitation of action can be recalculated. In the above-mentioned industrial accident claims many years ago, less than 40% of the plaintiffs who won the case repeatedly claimed their rights and demanded compensation from the employer, which caused the interruption of the limitation of action.
It can be seen that victims of work-related injuries should protect their rights by applying for work-related injury identification, filing a lawsuit and making demands in time.