According to Article 2 of the Occupational Disease Prevention and Control Law of the People's Republic of China (2018 Amendment), occupational diseases refer to diseases caused by workers in enterprises, institutions, and individual economic organizations who come into contact with dust, radioactive substances, and other toxic and harmful factors during their occupational activities.

1、 Retired individuals can apply for occupational disease diagnosis

（1） Retired individuals can apply for occupational disease diagnosis

Article 8 of the Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Work Injury Insurance Regulations (Ministry of Human Resources and Social Security [2013] No. 34) stipulates that:

Individuals who have previously engaged in work involving occupational disease hazards, were not found to have contracted occupational diseases at the time, or were diagnosed or identified as having occupational diseases after leaving their work positions, and meet the following conditions, may apply for work-related injury recognition within one year from the date of self diagnosis or identification as an occupational disease. The social insurance administrative department shall accept the application:

（1） Retired personnel who have completed retirement procedures but have not engaged in occupational disease hazard exposure work again;

（2） After the expiration of the labor or employment contract or the termination of the labor or employment contract proposed by the individual, personnel who have not engaged in occupational disease hazard operations again.

If the personnel in item (1) of the preceding paragraph meet the conditions for receiving a one-time disability allowance after work-related injury identification and labor capacity assessment, they shall be calculated and paid based on their average monthly payment salary in the 12 months before retirement or the average monthly pension in the 12 months before diagnosis of occupational disease. If a person in the second item of the preceding paragraph is identified as having a disability of level one to level ten and is entitled to relevant benefits based on their own salary according to the Regulations, they shall be paid based on their average monthly payment salary for the 12 months prior to the termination or rescission of their labor or employment contract

According to the above regulations, considering the possible lag in the occurrence of occupational diseases, even retired personnel who have completed retirement procedures or terminated their employment relationship with the employer and have not engaged in occupational disease hazards can apply for occupational disease diagnosis. After obtaining the corresponding occupational disease diagnosis and identification, one can apply for work-related injury recognition to the social insurance administrative department within one year, and thus enjoy work-related injury insurance benefits.

（2） The responsibility of employers towards occupational disease patients

Article 58 of the Occupational Disease Prevention and Control Law of the People's Republic of China stipulates that occupational disease patients, in addition to enjoying work-related injury insurance in accordance with the law, have the right to claim compensation from employers in accordance with relevant civil laws if they still have the right to receive compensation.

Article 59 of the Occupational Disease Prevention and Control Law of the People's Republic of China stipulates that if a worker is diagnosed with an occupational disease but the employer has not lawfully participated in work-related injury insurance, their medical and living security shall be borne by the employer.

According to the above regulations, after a worker is diagnosed with an occupational disease, they are entitled to work-related injury insurance benefits in accordance with the law. However, if the employer fails to participate in work-related injury insurance in accordance with the law, their medical and living security shall be borne by the employer. In addition, in judicial practice, when the benefits that can be paid by work-related injury insurance are difficult to fully compensate for the losses suffered by occupational disease patients due to illness, there is a legal risk for occupational disease patients to claim compensation from employers.

2、 The process and materials for applying for occupational disease diagnosis

（1） The process of applying for occupational disease diagnosis

In practice, the process of applying for occupational disease diagnosis is usually as follows:

(1) Register with a professional doctor from a specific occupational disease diagnosis institution, provide relevant information about the condition, and let the doctor make a preliminary judgment on whether there is a possibility of meeting the occupational disease criteria;

(2) If possible, provide or supplement relevant occupational disease diagnosis application materials according to the doctor's advice, and proceed to the next step of diagnosis confirmation;

(3) The diagnostic institution issues the corresponding "Certificate of No Occupational Disease" or "Certificate of Occupational Disease Diagnosis".

（2） Materials for applying for occupational disease diagnosis

The materials required for applying for occupational disease diagnosis may vary slightly depending on the choice of occupational disease diagnosis institution. Mainly includes:

1. Worker's occupational history and occupational disease hazard exposure history (including on-the-job time, job type, position, name of occupational disease hazard factors exposed, etc.);

2. Annual occupational health examination results of workers;

3. Results of occupational disease hazard factor testing in the workplace;

4. The diagnosis of occupational radiation diseases also requires personal dose monitoring records and other materials;

5. Other information related to diagnosis.

At the same time, it is necessary to remind employers that according to Article 6 of the "Management Measures for Occupational Disease Diagnosis and Identification (2021)", it is the obligation of employers to provide employees with occupational history related certificates and other identification materials. Otherwise, there is a risk of facing administrative penalties.

Related legal provisions:

Management Measures for Diagnosis and Identification of Occupational Diseases (2021)

Article 6: Employers shall fulfill the relevant obligations of occupational disease diagnosis and identification in accordance with the law:

（1） Arrange timely diagnosis and treatment for occupational disease patients and suspected occupational disease patients;

（2） Provide truthful information required for occupational disease diagnosis and identification;

（3） Undertake the costs of occupational disease diagnosis and identification, as well as the expenses of suspected occupational disease patients during diagnosis and medical observation;

（4） Report occupational diseases and suspected occupational diseases;

（5） Other relevant obligations stipulated in the Occupational Disease Prevention and Control Law

Article 60: If an employer engages in any of the following behaviors, the local health department at or above the county level shall handle it in accordance with Article 72 of the Occupational Disease Prevention and Control Law:

（1） Failure to arrange diagnosis and treatment for occupational disease patients or suspected occupational disease patients in accordance with regulations;

（2） Refusing to provide the necessary information for occupational disease diagnosis and identification;

（3） Failure to bear the costs of occupational disease diagnosis and identification in accordance with regulations.

Occupational Disease Prevention and Control Law of the People's Republic of China (2018 Amendment)

Article 72: If an employer violates the provisions of this Law and commits any of the following acts, the health administrative department shall give a warning and order it to rectify within a time limit. If it fails to rectify within the time limit, it shall be fined not less than 50000 yuan but not more than 200000 yuan; If the circumstances are serious, the operation that causes occupational disease hazards shall be ordered to stop, or the relevant people's government shall be requested to order closure in accordance with the authority prescribed by the State Council:

（1） The intensity or concentration of occupational hazards in the workplace exceeds the national occupational health standards;

（2） Failure to provide occupational disease prevention facilities and personal use of occupational disease prevention equipment, or providing occupational disease prevention facilities and personal use of occupational disease prevention equipment that do not meet national occupational health standards and hygiene requirements;

（3） Failure to maintain, inspect, or test occupational disease prevention equipment, emergency rescue facilities, and personal use occupational disease prevention supplies in accordance with regulations, or inability to maintain normal operation and use status;

（4） Failure to detect and evaluate occupational hazards in the workplace in accordance with regulations;

（5） When the occupational hazards in the workplace still fail to meet the national occupational health standards and requirements after treatment, and the operations with occupational hazards have not been stopped;

（6） Failure to arrange diagnosis and treatment for occupational disease patients or suspected occupational disease patients in accordance with regulations;

（7） Failure to immediately take emergency rescue and control measures or fail to report in a timely manner in accordance with regulations when an acute occupational disease hazard accident occurs or may occur;

（8） Failure to set up warning signs and Chinese warning instructions in prominent positions at job positions that cause serious occupational disease hazards in accordance with regulations;

（9） Refusing supervision and inspection by occupational health supervision and management departments;

（10） Concealing, forging, tampering with, damaging occupational health monitoring records, workplace occupational disease hazard factor detection and evaluation results, or refusing to provide the necessary information for occupational disease diagnosis and identification;

（11） Failure to bear the costs of occupational disease diagnosis and identification, as well as the medical and living security expenses for occupational disease patients in accordance with regulations.

（3） Selection of Occupational Disease Diagnosis Institutions

Occupational Disease Prevention and Control Law of the People's Republic of China (2018 Amendment)

Article 43: The diagnosis of occupational diseases shall be undertaken by medical and health institutions that have obtained the "Medical Institution Practice License". The health administrative department shall strengthen the standardized management of occupational disease diagnosis work, and specific management measures shall be formulated by the health administrative department of the State Council.

Medical and health institutions responsible for occupational disease diagnosis should also meet the following conditions:

（1） Having medical and health technicians suitable for conducting occupational disease diagnosis;

（2） Having instruments and equipment suitable for conducting occupational disease diagnosis;

（3） Having a sound occupational disease diagnosis quality management system.

Medical and health institutions responsible for occupational disease diagnosis shall not refuse workers' requests for occupational disease diagnosis.

Article 44 Labourers may conduct occupational disease diagnosis at the medical and health institutions that undertake occupational disease diagnosis according to law in the place where the Employer is located, where their registered residence registration is located or where they often reside.

According to the Occupational Disease Prevention and Control Law of the People's Republic of China (2018 Amendment), occupational disease diagnosis should be conducted in medical and health institutions that are legally responsible for occupational disease diagnosis. Taking Beijing as an example, there are seven occupational disease diagnosis institutions in Beijing, including Beijing Chaoyang Hospital affiliated with Capital Medical University, Peking University Third Hospital, Beijing Institute of Chemical Industry Occupational Disease Prevention and Control, Occupational Disease Outpatient Department of Beijing Academy of Preventive Medical Sciences, Shilong Hospital of Occupational Safety and Health Research Center of State Administration of Work Safety, Coal General Hospital, and Beijing Jingmei Group General Hospital. Workers can choose based on the diagnosis items provided by nearby or diagnostic institutions.