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If it is because of a work injury, according to the current regulations, it is counted as a work-related injury, and there is no need to share the responsibility, and there is no contract, as long as the labor relationship can be proven, you can apply for work-related injury recognition and enjoy work-related injury benefits.
1. Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury identification:
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).
The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.
Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.
2. Notice on Matters Concerning the Establishment of Labor Relations, No. 12 [2005] issued by the Ministry of Labor and Social Affairs.
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 that can prove the identity of the worker issued by the employer;
3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;
4) Attendance records;
5) Testimony of other workers, etc.
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The length of time has little to do with whether there is an employment contract or not to determine the work-related injury, as long as it forms a substantive labor relationship and the injury is caused by work, it should be recognized as a work-related injury.
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Legal analysis: If you are injured at work without signing a contract during the probation period, it is a work-related injury, because the two parties have established an employment relationship. (1) During working hours and in the workplace, they are injured by a person who is doing something because of their work; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances: (1) he or she is 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident. (6) Injured in a traffic accident for which they are not primarily responsible, or an accident involving urban rail transit, passenger ferry, or a deplorable potato train while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Legal Analysis:1First of all, if the labor contract is not signed, the employee has the right to demand double wages from the employer;
2.Secondly, if the employee is injured during the probationary period, even if the employer has not paid the work-related injury insurance, all work-related injury compensation shall be borne by the employer. Workers have the right to request that their employer apply to the Ministry of Labor and Social Security for a work-related injury determination.
Legal basis: Labor Law of the People's Republic of China Article 100 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.
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