Hello, lawyer, I was injured at work, three fingers were broken, what should I do if I don t have a

If there is no labor contract, the employment relationship can be determined in the following ways.

Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations (No. 12 of 2005 issued by the Ministry of Labor and Social Security).

1. The employment relationship shall be established if the 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.

2. 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 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.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

First, file a complaint with the local labor inspection department and ask the company to sign a replacement employment contract with you.

Take a look at other evidence that you are a worker in this business to prove that you have a de facto employment relationship with this company:

Payroll. Staff roster.

Proof of social security contributions, if submitted

Attendance records. Business cards, tooling.

1. Work-related injuries.

I have taken a look at the "Regulations on Work-related Injury Insurance" and the "Measures for the Determination of Work-related Injuries", and I have a full set of measures for what to do. Just follow the instructions above. It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability.

If you want to terminate the labor relationship, then look at the "Implementation Measures of a Provincial Work-related Injury Insurance" where the employer is located, and the standards for one-time work-related injury medical subsidy and one-time disability employment subsidy must be relevant in this.

The identification of work-related injuries is the key, and only when work-related injuries are recognized can they enjoy work-related injury benefits.

The level of disability can be based on the diagnosis conclusion and make a preliminary judgment according to the "Labor Ability Appraisal - Classification of Disability Levels Caused by Work-related Injuries and Occupational Diseases of Employees", and finally the appraisal conclusion made by the appraisal agency recognized by the labor department shall prevail.

2. Contract. If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. If the work-related injury is recognized, the employment relationship is confirmed.

As for the number of hours worked, the monthly salary, etc., the employer can prove it by using the principle of "reversal of the burden of proof", and if the employer cannot prove it, it will bear adverse consequences.

Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.

Legal basis: Labor Law, Labor Contract Law, Regulations for the Implementation of the Labor Contract Law and Social Insurance Law

According to the regulations on work-related injury insurance, it is necessary to apply for work-related injury recognition first, and the compensation amount can only be finalized after waiting for the labor ability appraisal level.

1. To apply to the Human Resources and Social Security Bureau for the recognition of work-related injury, the company needs to declare 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, 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;

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.

It is recommended to do a work-related injury appraisal first. Should be disabled at grade 10. The criteria are as follows:

1. One-time disability allowance: 7 months x monthly salary before injury;

2. If the labor contract is terminated or dissolved, there will be a one-time medical subsidy for work-related injuries (the standard varies from place to place, Shanghai is the average monthly wage of employees in the city for 3 months in the previous year);

3. During the period of suspension of work and salary, there is a hospital meal subsidy every day (the standard varies from place to place, but it is 20 yuan a day in Shanghai);

4. For those who seek medical treatment outside the overall planning area, there are also transportation, accommodation and accommodation fees for medical treatment in other provinces and cities (the standard varies from place to place, and Shanghai is 150 yuan a day);

5. Medical expenses and expenses for work-related injuries;

6. Labor ability appraisal fee;

7. The cost of installing and configuring assistive devices for the disabled;

8. For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee.

If the employer does not pay social security, the above expenses shall be borne by the employer. At the same time, the employer should also bear the wages and benefits during the work-related injury period and pay social security on a monthly basis; When the labor contract is terminated or dissolved, the employer shall also bear a one-time disability employment subsidy (the standard varies from place to place, Shanghai is the average monthly wage of employees in the city for 3 months in the previous year).

If the employer pays you the work-related injury insurance, if you pay it, you can treat it as a work-related injury, and if you don't pay it, you can claim it according to the employment relationship. Employment includes: medical expenses, hospital meal allowance, nursing expenses, lost work expenses, transportation expenses, disability assessment, disability compensation, appraisal fees, etc.

You should apply to the labor department for work-related injury recognition, which is a work-related injury and will be compensated according to work-related injury! The basic procedure is:

First of all, it is necessary to apply for work-related injury recognition - apply for labor ability appraisal - calculate the amount of compensation - and ask for compensation. No, apply for arbitration of work-related injury compensation disputes to protect your rights!

Note: 1. The application for work-related injury determination shall be submitted within 30 days after the injury; If the employer does not apply, the victim or his relatives shall file a complaint within one year of the accident injury.

2. When applying for recognition, it is necessary to submit a, a copy of the ID card, b, a certificate of labor relations, and c. a medical record of the doctor. d. Other necessary materials.

Secondly, the amount of compensation varies depending on the level of disability, the specific circumstances of the individual (such as salary, dependents), and the situation in different places (such as economic development).

1. Average wage level). It is advisable to consult a local lawyer in person!

To be honest, your situation is a fraud on social security expenses, and I suggest that you file a complaint with the Work Injury Section of the Labor Bureau, inform the Labor Bureau of what your employer wants you to do, and apply for a new work-related injury appraisal.

Personal opinion: Because you have not signed an employment contract with the employer, your first question is to be able to prove that you have an employment relationship with the employer, and then you must be able to prove that you were injured in the process of employment, and you should ask the employer to compensate you.

Work-related injuries have the following treatment: the unit bears the first expense, the unit is responsible for the wages of the injured personnel, the salary during the first period is the original salary before the injury, the unit pays on a monthly basis, the hospitalization during the hospitalization period is paid by the unit according to 70% of the standard of the business traveler (or local standard), if there is a nursing fee during the hospitalization according to the local standard paid by the unit, if it is identified as a disability grade 9, a one-time disability subsidy is 9 months of my salary. If the employer terminates the employment relationship with the employer, the employer shall also implement the "Regulations on Work-related Injury Insurance" in Heilongjiang Province, and the one-time work-related injury medical subsidy and one-time disability employment subsidy for the employee with grade 9 disability shall be the employee's salary for the 18 months before the work-related injury employee leaves the job.

According to the requirements of the law, the unit is required to apply for work-related injury, and if the unit does not apply, it can only apply for it individually. Then it depends on whether the enterprise is insured for the employee, first, if not, all the work-related injury benefits will be borne by the enterprise.

2. If the employee participates in the insurance, the enterprise shall bear the wages and benefits, disability allowance and one-time disability employment subsidy after the termination of the labor relationship between the employee and the company. The rest is paid for medical insurance and work-related injury insurance, including medical expenses, one-time disability allowance for work-related injuries, disability allowance, etc. (Disability treatment is only available for disability appraisal and rating.)

If the boss does not pay, the labor arbitration is easy to win. Article 34 of the Regulations of Guangdong Province on Work-related Injury Insurance Article 34 If an employee is identified as a grade 7 to 10 disability due to work-related disability, a one-time disability subsidy shall be paid by the work-related injury insurance, and the standard is: grade 7 disability is the salary of 13 months, grade 8 disability is 11 months' salary, grade 9 disability is 9 months' salary, and grade 10 disability is 7 months' salary.

If an employee with a disability of grade 7 to grade 10 dissolves or terminates the labor relationship with the employer in accordance with the law, the work-related injury insurance shall pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy to terminate the work-related injury insurance relationship

1) One-time medical subsidy for work-related injuries. The standard depression is: six months' salary for grade 7 disability, four months' salary for grade 8 disability, two months' salary for grade 9 disability, and one month's salary for grade 10 disability.

2) One-time disability employment subsidy. The standard is: 25 months' salary for grade 7 disability, 15 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 4 months' salary for grade 10 disability.

Article 35 Where the one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability provided for in Articles 33 and 34 of these Regulations shall be calculated and paid, and the wages of the injured worker shall be lower than the average monthly payment wage of the injured employee for the 12 months before the termination or termination of the labor relationship with the employer, the average monthly payment wage for the 12 months before the termination or termination of the labor relationship shall be calculated and paid on the basis of the employee's average monthly payment wage for the 12 months before the termination or termination of the labor relationship. If the salary paid is less than 12 months, the average monthly salary of the person shall be calculated based on the actual number of months of payment. If the average monthly salary of the employee is higher than 300% of the average salary of the employees in the overall planning area, it shall be calculated according to 300% of the average salary of the employees in the overall planning area; If it is less than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.

If there is no legal guarantee for signing the agreement, you can apply to the local human resources and social security bureau for the determination of work-related injury and the appraisal of labor ability, and enjoy the treatment stipulated in the work-related injury insurance regulations according to the results of the identification and appraisal.

The items enjoyed are: medical expenses, transportation and accommodation expenses, hospital meal expenses, nursing expenses, **** fees, wages during the period of suspension of work (generally 12 months, you can apply for another 12 months), one-time disability allowance;

If the labor contract expires or the employee himself or herself proposes to terminate the labor contract, he or she shall enjoy a one-time medical subsidy and a one-time employment subsidy. The right to terminate the labor contract rests with the employee.

Within 30 days of the application statute of limitations, and within 1 year of the injured employee and his close relatives, if the determination of the work-related injury or the appraisal of the working ability is not carried out within the application time limit, it will be difficult to obtain legal protection in the event of an accident and a dispute.

According to the current relevant laws and regulations, the situation you mentioned is a work-related injury, and it is recommended to apply for a work-related injury determination as soon as possible.

Consult with relevant legal and civil affairs agencies to protect their own rights and interests.

First, if an employment relationship is established, a written labor contract shall be concluded within one month from the date of employment, which is mandatory by law, but if the employer and the employee have not signed a labor contract, it will not affect the establishment of a de facto labor relationship between the two parties.

Clause. 2. In the event of a work-related accident, the work-related injury appraisal shall be conducted with the local labor ability appraisal committee, and the specific disability level and compensation amount shall be subject to the work-related injury appraisal results.

Third, if the employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the work-related injury insurance benefits. Compensation items: 1. Compensation for medical expenses caused by general injuries (not reaching disability), food subsidies during hospitalization, living care expenses, wages during work-related injuries, transportation, accommodation and transportation expenses.

2. Compensation for medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability subsidy, disability allowance, one-time medical subsidy for work-related injury, and one-time disability employment subsidy for the injured person.

For the identification criteria for work-related injuries and disabilities, please refer to.

Workers' compensation standards are available for reference.

Clause. Fourth, the missing three fingers are generally in grade 6 or 7.

Friendly reminder to the majority of employers that the employee work-related injury insurance still has to be paid, otherwise in the event of a work-related accident, the employer will bear the responsibility for compensation, and the amount is not small!!