If you are injured at work without signing a labor contract, and you don t admit it to the company,

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

Arbitration through the arbitration department of the Labor Bureau.

Legal analysis: If there is no labor contract and a work-related injury occurs, the injured employee can still claim work-related injury benefits in accordance with the provisions of the relevant laws. If the employer does not pay work-related injury insurance for the employee, the employer shall bear or compensate for all the work-related injury benefits.

Where a party is injured by violence or other accidents during working hours and in the workplace due to the performance of work duties, it shall be found to be a work-related injury. 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 with pay, and shall be paid by the employer on a monthly basis. 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.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. 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.

Article 33 of the Regulations on Work-related Injury Insurance 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 injury, the original salary and benefits shall remain unchanged during the period of suspension with pay, 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 at the districted city level, but the extension 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.

If you are injured in the factory but do not have a labor contract, you can still apply for work-related injury compensation by the employer or the employee himself, but he or she must first apply for work-related injury recognition and submit the application form for work-related injury determination and other materials that can prove the existence of a de facto labor relationship. After being identified as a work-related injury, you can go to the social security agency to apply for compensation, and the work-related injury insurance** will pay the relevant compensation expenses to the employee.

[Legal basis].Article 17 of the Regulations on Work-related Injury Insurance.

If an employee is injured in an accident or is diagnosed or identified 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 region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

Article 18. An application for determination of work-related injury shall be submitted with the following materials:

1) Application form for determination of work-related injury;

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).

First of all, prove the labor relationship: although the labor contract has not been signed, as long as the existence of a de facto labor relationship is proved, it can still be compensated according to the work-related injury compensation standard

Proof of de facto labor relationship: A de facto labor relationship refers to a labor and employment relationship formed without a written contract or a valid written contract, as well as a labor and employment relationship reached by oral agreement. The confirmation of a de facto employment relationship requires the existence of the de facto existence of hired labor.

The legal status of "de facto labor relations" confirms that labor relations do not rely on the existence of written contracts, expands the scope of labor protection, imposes greater constraints on employers who do not sign labor contracts, and protects the legitimate rights and interests of workers.

How to determine whether a de facto employment relationship has been formed? If the employee finds that the employer has not signed an employment contract with him/her, he or she should pay attention to collecting the following evidence in case of emergency.

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

2) The "work permit", "service certificate" and other documents issued by the employer to the worker that can prove the identity.

3) 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.

Second, be clear about the standard of work-related injury compensation: also known as the standard of work-related injury insurance benefits. It refers to the compensation items and standards that employees who are injured at work and the relatives of employees who have died at work shall enjoy in accordance with the law.

If an employee of an employer suffers a work-related injury during the period when he has not participated in work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in the Regulations on Work-related Injury Insurance.

Finally, the application for work-related injury compensation: work-related injury compensation must go through three necessary stages: work-related injury identification, labor ability appraisal, and labor arbitration. Many migrant workers do not have labor contracts, work permits and other certificates, and often need to be recognized as labor relations.

Brief description of the operating procedure:

1. Apply for labor arbitration first to confirm the existence of an employment relationship between the employer and the employee;

2. Go to the work-related injury identification window of the human resources and social security center where the employer is located to apply for work-related injury identification;

3. After the work-related injury identification results come out to confirm the work-related injury, then go to the corresponding work-related injury appraisal window to apply for work-related injury appraisal;

4. After the work-related injury appraisal results come out, the corresponding work-related injury compensation shall be claimed from the unit according to the level of work-related injury appraised.

Summary. Hello dear, happy to answer your <>

What should I do if I am injured in the company and there is no labor contract and no evidence There is no labor contract and no evidence, but the employee is injured at work, the employee can request the employer to apply for a work-related injury determination for him in accordance with the law; If the employer refuses to apply, the employee needs to collect relevant evidence in accordance with the law to prove the existence of an employment relationship with the employer, and then apply to the social security administrative department for a work-related injury determination. Alternatively, it can be resolved by applying for mediation or arbitration.

What should I do if I am injured in the company, there is no employment contract, there is no evidence.

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What should I do if I am injured in the company and there is no labor contract and no evidence There is no labor contract and no evidence, but the employee is injured at work, the employee can request the employer to apply for a work-related injury determination for him in accordance with the law; If the employer refuses to apply, the employee needs to collect relevant evidence in accordance with the law to prove the existence of an employment relationship with the employer, and then apply to the social security administrative department for a work-related injury determination. Alternatively, it can be resolved by applying for mediation or arbitration.

For employees, the handling of work-related injuries should be carried out in the following steps: the first step is to ask the employer to pay the medical expenses in advance, and the second step is to collect relevant proof of the employment relationship, which is quite crucial. The proof of labor relationship is a necessary material for applying for work-related injury identification, and without the labor relationship certificate, the next step of the work-related injury determination procedure cannot be initiated; If you do not have proof of labor relationship, do not start the work-related injury determination procedure lightly, otherwise you may also put yourself in a very passive situation;

The third step is to identify work-related injuries. The determination of work-related injury is the administrative confirmation of whether the injury is a work-related injury by the human resources and social security department, and is the most important step in dealing with work-related injuries. If the employer recognizes that it is a work-related injury, the employee can suggest that the employer apply for a work-related injury determination.

It should be noted that the first.

1. Only the Human Resources and Social Security Bureau has the power to make a work-related injury determination, and do not blindly believe the enterprise's commitment to recognize work-related injuries (Note: a very small number of regions stipulate that if the employer recognizes the work-related injury as a work-related injury if it does not participate in work-related injury insurance, it can be treated as a work-related injury.) ）

Clause. 2. Since the occurrence of a work-related accident or a diagnosis of an occupational disease, it should not take more than one year to apply for work-related injury recognition at the latest. The fourth step is to conduct labor ability appraisal.

Labor ability appraisal is to assess the degree of work-related injury and disability, which is carried out by experts organized by the labor ability appraisal committee.

The fifth step is to apply for labor arbitration and claim for work-related injury benefits. According to the level of disability identified and the provisions of the Regulations on Work-related Injury Insurance, the items and standards of work-related injury compensation can be determined, and the employer may be negotiated in advance; If the negotiation fails, the applicant shall apply to the labor dispute arbitration commission at the place where the employer is located or where the labor contract is performed. If the applicant is dissatisfied with the arbitral award, he or she may file a civil lawsuit with the people's court.

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If an employee suffers a work-related injury without signing a labor contract, the employer shall pay social insurance in accordance with the law, and the work-related injury insurance** and the employer shall jointly pay the work-related injury insurance benefits, and the social insurance payment record can be used as evidence to prove the existence of an employment relationship between the employer and the employee. If the employer fails to pay the work-related injury insurance premiums, the employer shall pay all the work-related injury insurance benefits.

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 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, 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.

In accordance with the provisions of the first paragraph of this Article, the provincial-level social insurance administrative department shall handle the work-related injury determination by the social insurance administrative department of the districted city 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.

Failure to sign an employment contract is a full liability, and once it is determined that it is a work-related injury, the company must compensate all medical expenses and all medical expenses and limbs that are lost, as well as all compensation according to the level of Wang Kushi in accordance with the regulations.

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If an employee who has not signed a labor contract is injured, he or she can first apply for recognition of work-related injury, and if it is determined to be a work-related injury, it can be reported to the work-related injury insurance for reimbursement and compensation, and if there is no work-related injury insurance, then the employer shall bear the liability for compensation. The parties concerned may provide materials that can prove the existence of a de facto labor relationship in accordance with the law to apply for work-related injury determination and work-related injury compensation, and the work-related injury insurance** will compensate the employee for medical expenses, hospital meal subsidies, labor ability appraisal fees and other expenses. It is also illegal to do so without signing an employment contract, and according to Article 82 of the Labor Contract Law, you have the right to request the employer to pay double the wages and economic compensation.

Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations: (1) Medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (9) Labor ability appraisal fee. Article 39 of the Social Insurance Law of the People's Republic of China The following expenses incurred by the employer shall be paid by the employer in accordance with the provisions of the state

1) Wages and benefits during the work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved. <>