Migrant workers are injured on the construction site How to claim without a contract

If a migrant worker is injured on a construction site, if it falls within the category of work-related injury, the company can be required to report the work-related injury determination within one month from the date of the accident, and if the company refuses to declare, the employee can self-declare the work-related injury determination within one year of the accident. After the work-related injury is identified, apply for the appraisal of the labor ability level, and finally enjoy the work-related injury treatment.

If it does not fall within the scope of work-related injury, it can claim compensation for personal injury and claim compensation from the direct infringer.

Hello!Collect relevant evidence and go to the local labor bureau to solve the problem, and pay double wages if the work-related injury is not signed according to the provisions of the work-related injury insurance regulations.

In the absence of a contract, if a worker is injured on the construction site, the compensation will be handled as follows:

1. Proof of labor relationship. Although there is no labor contract, as long as it is proved that there is a de facto labor relationship, the compensation can still be made according to the standard of work-related injury compensation

2. Be clear about the standard of work-related injury compensation. That is, it is necessary to clarify the standard of work-related injury insurance benefits. Generally speaking, it refers to the compensation items and standards that the injured employee or the relatives of the deceased employee should enjoy in accordance with the law, and if the employee of the employer suffers a work-related injury during the period of not participating in the work-related injury insurance, the employer will pay the expenses in accordance with the prescribed work-related injury insurance treatment items and standards

3. The two parties negotiate and apply for labor dispute arbitration and litigation at the location of the employer or the place where the accident occurred.

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

2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;

3) Accidental injuries such as violence 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) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. Article 17 Where 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 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 region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

If a migrant worker is injured on a construction site and does not have a labor contract, he or she can prove the de facto labor relationship through the following documents, and apply for compensation after work-related injury identification and labor ability appraisal: the employer's employment record filled in by the worker; Wage payment vouchers or records, records of payment of various social insurance premiums; A certificate issued by the employer to the employee that can prove the employee's identity; Other.

[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 permits", "service certificates" and other documents that can prove identity and calling;

3) Recruitment records such as the employer's recruitment "registration form" and "registration form" 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).