In the event of a work related injury and without signing an employment contract, can this evidence

It is necessary to confirm the employment relationship first, but based on the evidence you mentioned, it is more likely that the employment relationship will be confirmed, and if the employment relationship can be confirmed, the work-related injury can be determined.

You go to your local social security agency to apply if you can't apply and it will be treated as an employment relationship.

Specifically, see the Regulations on Work-related Injury Insurance.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.

The provisions of this article do not apply to the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.

These certificates can prove the existence of an employment relationship and require the company to apply for a work-related injury determination for the injured person.

However, it has nothing to do with the identification of work-related injuries, which is to clarify the level of disability and the level of self-care ability.

1. If you have not signed a labor contract, as long as you can prove the labor relationship, you can apply for work-related injury recognition and disability identification. The main evidence to prove the labor relationship includes: (1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; (2) "Work Permit", "Service Certificate" and other documents issued by the employer to the worker that can prove the identity; (3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment filled in by the worker; (4) Attendance records; (5) Testimony of other workers, etc.

2. The methods for applying for work-related injury recognition and disability appraisal are as follows; Article 18 of the Regulations on Work-related Injury Insurance shall submit the following materials to apply for work-related injury determination: (1) Application form for work-related injury identification; 2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

Legal Analysis: Divine Jujube can. According to the Regulations of the People's Republic of China on Work-related Injury Insurance, if an employee is injured in an accident, he or she shall submit an application for work-related injury recognition to the labor and social security department within 30 days from the date of the accident.

If the employer does not submit an application for recognition of work-related injury, the injured employee or his immediate family members or the organization of the Blind Compensation Association may directly submit an application for recognition of work-related injury to the labor and social security department where the employer is located within one year from the date of occurrence of the accident injury.

Legal basis: Article 17 of the Regulations of the People's Republic of China on Work-related Injury Insurance: If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for work-related injury recognition to the social insurance administrative department of the coordinating region.

In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

According to the Regulations on Work-related Injury Insurance, if an employee is injured in an accident, the employer shall apply to the labor and social security department for work-related injury recognition within 30 days from the date of the accident.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident for which he or she is not primarily responsible, or by an accident involving urban rail transit, passenger reed ferry, or train while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The Qixiang meal subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the injured employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

Legal analysis: If a labor contract has not been signed, a work-related injury appraisal may be requested, which is an act in which an employee applying for work-related injury appraisal is identified as a work-related injury and after the end of his or her medical treatment or the expiration of the medical treatment period, and the labor ability appraisal committee at or above the districted city shall conduct an appraisal of the work-related injury-related matters. According to the Regulations on Work-related Injury Insurance, if an employee is injured in an accident, the employer shall submit an application for work-related injury recognition to the labor and social security department within 30 days from the date of the accident.

If the employer does not submit an application for recognition of work-related injury, the injured employee, his or her immediate family members, or the trade union organization may directly apply to the labor and social security department where the employer is located for recognition of work-related injury within one year from the date of occurrence of the accident injury.

Legal basis: Article 17 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, with the consent of the social insurance administrative department, the time limit for application may be appropriately extended.

If the employer fails to submit an application for determination of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee, his or her immediate family members, or the trade union organization may directly submit an application for determination of work-related injury to the labor and social security administrative department of the area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

If the employer and the employee have not signed a labor contract, they can prove the existence of an employment relationship between the two parties and apply for work-related injury recognition through the following documents: attendance records; Wage payment refers to the indiscriminate payment vouchers or records, and the records of the payment of various social insurance premiums; The employment record filled in by the employee to accompany the return to the position; A certificate issued by the employer to the employee to prove the employee's identity; Only the testimony of other workers, etc.

[Legal basis].

Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations.

If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

(2) "Work Permit", "Service Certificate" and other documents issued by the employer to the worker that can prove the identity;

(3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment filled in by the worker;

(4) Attendance records;

(5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).