What happens if an employee and employee do not have a contract in the event of a work related accid

If the injury and work-related work are recommended for work-related injury determination: 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. Documents to be submitted:

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.

Legal analysis: In the absence of a labor contract, the employee should first appeal to the labor arbitration department to confirm the labor relationship, and after the arbitration award confirms the existence of the labor relationship, apply to the labor and social security bureau for work-related injury recognition and the degree of incapacity for work. After the two appraisal conclusions are issued, the employer may first negotiate with the employer on the work-related injury benefits, and if the employer refuses to give them, the employer may appeal to the labor arbitration commission.

To confirm the existence of an employment relationship to the labor arbitration complaint, you may provide a recruitment form, testimony of two or more witnesses, work permits, work clothes, and other documents and articles that can prove the existence of an employment relationship between the employee and the employing unit. If it is determined to be a work-related injury, it shall be entitled to medical expenses and work-related injury allowance, and if it is assessed as partially incapacitated, it shall be entitled to disability allowance according to the level of disability, and if it wants to terminate the labor relationship with the employer, it can also claim a one-time medical subsidy and a one-time employment subsidy. Legal basis:

Labor Contract Law of the People's Republic of China Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract. Article 10 A written labor contract shall be concluded for the establishment of labor relations.

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 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Summary. Hello dear! 1. What should I do if I have not signed a labor contract and am injured at work?

If the employer has not signed a labor contract with the employee, after the employee suffers a work-related injury, the employee can look for proof of the existence of an employment relationship with the employer, such as a work permit or work card, salary card transaction records, wage slips or other written materials with the employee's name and official seal or the signature of the boss.

Hello! 1. What should I do if I have not signed a labor contract and am injured at work? If the employer has not signed a labor contract with the employee, after the employee has suffered a work-related injury, the employee can look for proof of the existence of an employment relationship with the employer, such as:

As long as it is proved that there is an employment relationship between the two parties, the worker can bring the relevant materials to the local social security department to apply for work-related injury determination.

2. How to compensate for injuries that have not signed a contractIf you are injured without signing a contract, you will also be compensated with reference to the worker who signed the contract. Specifically, if it is a work-related injury, then compensation will be made according to the work-related injury standard, but it is necessary to apply for labor arbitration to confirm the existence of an employment relationship with the employer, and then apply for a work-related injury determination after the existence of an employment relationship is confirmed by labor arbitration. However, there is a time limit for this recognition, that is, it needs to be reported within one month of the accident, and if the company does not apply, the injured employee or his close relatives shall submit an application for recognition within one year.

3. How to claim compensation for fractures without signing a labor contract, first apply for labor arbitration to confirm the existence of an employment relationship with the employer. After the existence of an employment relationship is confirmed by labor arbitration, the employer shall compensate for the determination of work-related injury fluids, and the employer shall compensate for the work-related injury after the identification of the work-related injury. If the company does not apply, the injured employee or his close relatives shall apply for recognition within one year.

If a work-related injury accident occurs without signing a labor contract, the employer and the work-related injury insurance shall jointly pay the work-related injury compensation if the employer first applies to the labor dispute arbitration commission to determine the de facto labor relationship, and the employer pays the work-related injury insurance premium in accordance with the law; If the employer fails to pay the work-related injury insurance premiums, the employer shall bear all the work-related injury compensation.

Legal basis:

Article 36 of the Social Insurance Law of the People's Republic of China.

If an employee is injured in an infiltration accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 41.

If the employer to which the employee works 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. 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 reimbursed 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.

Legal analysis: If there is a work-related injury without signing a labor contract, 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.

Legal basis: Article 62 of the Regulations on Work-related Injury Insurance.

If an employer is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but fails to do so, the social insurance administrative department shall order it to participate within a time limit, pay back the work-related injury insurance premiums that should be paid, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment shall be imposed.

If an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.

After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.