If you are injured at work, you have no insurance and no contract, how can you compensate?

Updated on society 2024-02-26
6 answers
  1. Anonymous users2024-02-06

    1.As long as there is an employment relationship with the employer and the injury is in accordance with Article 1 of the Regulations on Work-related Injury Insurance.

    Ten. 4. If the provisions of Article 15 (and there are no circumstances specified in Article 16), regardless of whether or not a labor contract is signed and social insurance is paid, it shall be recognized as a work-related injury and compensation shall be obtained according to the work-related injury benefits.

    2.According to Article 17 of the Regulations on Work-related Injury Insurance, the first thing to do is to apply to the local labor department for work-related injury recognition, which is the premise of all problems.

    3.If the employer does not admit the existence of an employment relationship with the injured employee, it should first confirm the existence of an employment relationship with the employer, and pay attention to collecting relevant evidence that can prove the employment relationship, such as salary cards, pay slips, attendance cards, temporary residence permits, and all other materials that can prove the employment relationship. These evidentiary materials can be written evidence, witness testimony, audio evidence, physical evidence, electronic evidence, etc.

    4.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, after the injury is stabilized, you can apply for a labor ability appraisal to determine the work-related injury level, and then claim disability compensation from the employer according to the disability level;

    5.If the employer fails to fulfill the above obligations, the injured employee can file a complaint with the local labor inspection brigade or directly go to the labor arbitration commission to apply for arbitration to protect his or her legitimate rights and interests.

  2. Anonymous users2024-02-05

    Find the contractor and see how much the contractor can give.

  3. Anonymous users2024-02-04

    Legal Analysis: In fact, work-related injury compensation is premised on the existence of an employment relationship, not on the existence of a labor contract, because the de facto labor relationship is also an employment relationship, and the injured employee can claim work-related injury benefits.

    According to Article 1 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of the Department of Labor Relations, an employment relationship shall be established if an employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances.

    1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

    2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;

    3) The labor provided by the worker is an integral part of the employer's business.

    Legal basis: Article 1 of the Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations An employment relationship shall be established if an employer recruits a worker without signing a written labor contract, but at the same time meets the following circumstances.

    1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

    2) The labor rules and regulations formulated by the employer in accordance with the law shall be applicable to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;

    3) The labor provided by the worker is an integral part of the employer's business.

  4. Anonymous users2024-02-03

    Summary. Article 41 of the Regulations on Work-related Injury Insurance Article 41 If an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

    The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

    During the period, you first communicate with the unit to apply for recognition of the work-related injury within one month, if the unit does not apply, you or your close relatives can also apply.

    If the unit does not give a seal and does not cooperate with the application, Lunachamo will first file a labor arbitration to confirm the labor relationship, and then apply for recognition of work-related injury and assessment of disability level after the defeat is delayed, and then calculate the work-related injury benefits according to the corresponding level stipulated in the "Regulations on Work-related Injury Insurance".

    The balance depends on whether the unit has paid social security, if so, most of the compensation chain is paid by the work-related injury insurance, and the difference between the salary and the disability subsidy during the suspension period is paid by the unit.

    If you do not pay social insurance, you will be compensated by the unit, and if the employer does not pay, you also need to file labor arbitration to protect your rights.

    Article 41 of the Regulations on Work-related Injury Insurance Article 41 If the employer where the employee works fails to pay work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer.

    If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

  5. Anonymous users2024-02-02

    Summary. Hello dear, happy to answer your <>

    If you have been injured at work, but do not have a contract or workers' compensation insurance, here are some suggestions:1Seek medical help:

    Regardless of whether the work-related injury is covered by insurance, you should seek medical help immediately. Make sure your injuries are properly treated** and cared for. If the injury is severe, you can go to a hospital emergency room or urgent medical center as soon as possible.

    2.Contact your employer: Whenever possible, contact your employer or supervisor and explain in detail what happened to your work-related injury.

    Even though you don't have a contract or workers' compensation insurance, your employer still has a responsibility to look out for your safety and well-being. 3.Seek legal advice:

    If you believe that your work injury is due to the negligence of your employer or an unsafe work environment, you can seek legal advice. Contact a local labor rights organization, lawyer, or legal counsel to learn about your rights and available legal opportunities. They will be able to provide you with legal advice and help you understand possible compensation or other remedies.

    4.Gather evidence: To support your work-related injury claim, gather as much evidence as possible related to your work-related injury, including medical records, doctor's notes, reports, or testimony.

    This evidence may play an important role in future legal proceedings.

    What to do if you don't have a contract and no insurance.

    Hello dear, happy to answer your <>

    If you have been injured at work, but do not have a contract or workers' compensation insurance, here are some suggestions:1Seek medical help:

    Regardless of whether or not a work-related injury is covered by insurance coverage, you should seek medical help immediately. Make sure your injuries are properly treated** and cared for. If the injury is severe, you can go to a hospital emergency room or urgent medical center as soon as possible.

    2.Contact your employer: Whenever possible, contact your employer or supervisor and explain in detail what happened to your work-related injury.

    Even though you don't have a contract or workers' compensation insurance, your employer still has a responsibility to look out for your safety and well-being. 3.Seek legal advice:

    If you believe that your work-related injury was caused by Sun Xian's negligence or an unsafe working environment, you can seek legal advice. Contact a local labor rights organization, lawyer, or legal counsel to learn about your rights and available legal opportunities. They will be able to provide you with legal advice and help you understand possible compensation or other remedies.

    4.Gather evidence: To support your work-related injury claim, gather as much evidence as possible related to your work-related injury, including medical records, doctor's notes, reports, or testimony.

    This evidence may play an important role in future legal proceedings.

    Dear, if you still don't know anything, you can consult me at any time, as long as you need, I have been There is no contract, no insurance, and there is no salary record for 24 days during the work on the construction site.

    Was there a middleman or job posting when you were asked to work?

    How likely is it that such a walk is a work-related injury?

    A village introduced.

    This can be regarded as evidence, so that it is still cumbersome to determine the work-related injury, but it can be recognized as a work-related injury.

    Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there

  6. Anonymous users2024-02-01

    In fact, work-related injury compensation is premised on the existence of an employment relationship, not on the existence of an employment contract, because the actual labor and malpractice relationship is also an employment relationship, and the injured employee can claim work-related injury benefits.

    According to Article 1 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations, an employment relationship shall be established if an employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances:

    1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

    2) The labor rules and regulations formulated by the employer in accordance with the law are applicable to the laborer, and the laborer is subject to the labor management of the employer and engages in paid labor arranged by the employer;

    3) The labor provided by the worker is an integral part of the employer's business.

    Legal basis: Article 1 of the Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations Article 1 If an employer recruits a labor rent agent without entering into a written labor contract, but at the same time meets the following circumstances, the labor relationship shall be established.

    1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

    2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;

    3) The labor provided by the worker is an integral part of the employer's business.

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