What should I do if I have a work related accident during the probationary period, but I have not si

1. The employee can apply for labor arbitration after one year, and request the employer to pay double the salary for the period when the labor contract has not been signed.

2. In accordance with the Labor Contract Law

Article 10. To establish a labor relationship, a written labor contract shall be concluded.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 82.

If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary for the lack of grounds.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

What should I do if I am injured during the probationary period?

Legal Analysis:1If the employer fails to pay work-related injury insurance, all work-related injury compensation shall be borne by the employer.

2.First of all, the employer is required to apply to the local labor and social security department for a work-related injury determination. The medical expenses, companion fees, living expenses, etc. required for hospitalization** are paid by the unit, 3

The wages and benefits during the suspension period remain unchanged and are paid by the unit on a monthly basis. 4.After the completion of the disability appraisal, the disability appraisal of the working ability shall be done, and the disability compensation shall be proposed according to the conclusion of the disability appraisal.

5.If the employer does not give reasonable compensation, you can file a lawsuit with the labor arbitration office of the Ministry of Labor to protect your rights.

Legal basis: "Regulations on Work-related Injury Insurance" Article 33 If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months.

If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the Labor Ability Appraisal Committee of the city divided into districts, but the extension of the Xian period shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Legal analysis: if there is a work-related injury during the probation period but no contract is signed, there is evidence to prove that there is a labor relationship between the two parties, and the work-related injury insurance benefits shall be paid by the work-related injury insurance**; If the employer fails to pay the work-related injury insurance premiums, the employer shall bear all the work-related injury insurance benefits to which the employee is entitled.

Legal basis: Article 41 of the Social Insurance Law of the People's Republic of China If the employer to which the employee works fails to pay the 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 repaid 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.

If the employee is injured without signing a contract during the probationary period, and the employer and the employee have a de facto labor relationship, it shall be deemed to be a work-related injury if it falls under one of the following circumstances: during working hours and in the workplace, due to violence or other accidental injuries due to the performance of work duties; Injured in an accident during working hours and in the workplace due to work ambush; Injured in an accident while engaged in work-related preparatory or work-related work-related preparatory or work-related work; Other.

Article 100 of the Labor Law If an employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit. If the payment is not made within the time limit, a late fee may be imposed.

Legal analysis: if there is a work-related injury during the probation period but no contract is signed, there is evidence to prove that there is a labor relationship between the two parties, and the work-related injury insurance benefits shall be paid by the work-related injury insurance**; If the employer fails to pay the work-related injury insurance premiums, the employer shall bear all the work-related injury insurance benefits to which the employee is entitled.

Legal basis: Article 30 of the Regulations on Work-related Injury Insurance 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 should 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 emergency help.

**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 food subsidy for the hospitalization of the employee for the work-related injury, as well as the certificate issued by the medical institution, and the approval of the handling agency to destroy the group, the transportation, accommodation and accommodation expenses required for the injured employee to seek medical treatment outside the overall area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the overall 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**.