What to do if there is no insurance and contract for work related injuries

Work-related injuries are not insured and the contract treatment is as follows:

1. To apply for labor arbitration, the first thing you need to do is to provide all the evidence that you can provide to prove that you have a de facto labor relationship with the company.

2. After proving the labor relationship, an application for work-related injury recognition should be made. The new regulations on workers' compensation insurance allow individuals to apply for it. However, it must be within 1 year from the date of the work-related injury.

So you have to hurry. The significance of work-related injury recognition is that regardless of whether the employer gives you work-related injury insurance or not, once the work-related injury is identified, then the employer must manage the medical expenses of your work-related injury.

3. Materials to be provided for work-related injury determination: labor relationship certificate, personal identity certificate, application form for work-related injury determination, diagnosis certificate from the hospital, witness testimony, and self-statement materials.

4. Disability level appraisal. If you can be rated as a disability level, after you have a disability level, you can find a one-time disability subsidy, a one-time medical subsidy for work-related injuries, and a one-time employment subsidy. The determination of work-related injuries can be made to the local human resources and social security bureau and the labor ability appraisal committee.

Collect evidence and go to the labor dispute arbitration commission to confirm the labor relationship, and then determine the work-related injury. The compensation for non-payment of insurance shall be borne by the enterprise.

It is recommended to apply for work-related injury recognition first according to the process, and the compensation amount can only be finalized after waiting for the appraisal level.

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 ** of the Human Resources and Social Security Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. 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; 3. There are many procedures for protecting the rights of work-related injuries, and if you are not familiar with it, it is best to entrust a lawyer**.

You can sue directly for personal injury compensation, and you can consult a lawyer for details.

Summary. Hello dear, happy to answer your <>

If you have been injured at work, but do not have a contract or workers' compensation insurance, here are some suggestions:1Seek medical help:

Regardless of whether the work-related injury is covered by insurance, you should seek medical help immediately. Make sure your injuries are properly treated** and cared for. If the injury is severe, you can go to a hospital emergency room or urgent medical center as soon as possible.

2.Contact your employer: Whenever possible, contact your employer or supervisor and explain in detail what happened to your work-related injury.

Even though you don't have a contract or workers' compensation insurance, your employer still has a responsibility to look out for your safety and well-being. 3.Seek legal advice:

If you believe that your work injury is due to the negligence of your employer or an unsafe work environment, you can seek legal advice. Contact a local labor rights organization, lawyer, or legal counsel to learn about your rights and available legal opportunities. They will be able to provide you with legal advice and help you understand possible compensation or other remedies.

4.Gather evidence: To support your work-related injury claim, gather as much evidence as possible related to your work-related injury, including medical records, doctor's notes, reports, or testimony.

This evidence may play an important role in future legal proceedings.

What to do if you don't have a contract and no insurance.

Hello dear, happy to answer your <>

If you have been injured at work, but do not have a contract or workers' compensation insurance, here are some suggestions:1Seek medical help:

Regardless of whether or not a work-related injury is covered by insurance coverage, you should seek medical help immediately. Make sure your injuries are properly treated** and cared for. If the injury is severe, you can go to a hospital emergency room or urgent medical center as soon as possible.

2.Contact your employer: Whenever possible, contact your employer or supervisor and explain in detail what happened to your work-related injury.

Even though you don't have a contract or workers' compensation insurance, your employer still has a responsibility to look out for your safety and well-being. 3.Seek legal advice:

If you believe that your work-related injury was caused by Sun Xian's negligence or an unsafe working environment, you can seek legal advice. Contact a local labor rights organization, lawyer, or legal counsel to learn about your rights and available legal opportunities. They will be able to provide you with legal advice and help you understand possible compensation or other remedies.

4.Gather evidence: To support your work-related injury claim, gather as much evidence as possible related to your work-related injury, including medical records, doctor's notes, reports, or testimony.

This evidence may play an important role in future legal proceedings.

Dear, if you still don't know anything, you can consult me at any time, as long as you need, I have been There is no contract, no insurance, and there is no salary record for 24 days during the work on the construction site.

Was there a middleman or job posting when you were asked to work?

How likely is it that such a walk is a work-related injury?

A village introduced.

This can be regarded as evidence, so that it is still cumbersome to determine the work-related injury, but it can be recognized as a work-related injury.

Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there

First, to apply for recognition of work-related injury, the unit to which the employer belongs shall, within 30 days from the date of occurrence of the accident injury, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area. If the employer fails to submit an application for work-related injury determination within the prescribed time limit, the injured employee or his or her immediate family members may directly apply for work-related injury determination within one year from the date of occurrence of the accident injury. After receiving the application for recognition of work-related injury, the administrative department for labor and social security shall conduct a review within 15 days, and shall accept it if it meets the requirements, and if it is not within the jurisdiction of the department, the department with jurisdiction shall notify the applicant in writing; If the applicant supplements all the materials within 30 days, it shall be accepted, and a decision on whether to determine whether it is a work-related injury shall be made within 60 days from the date of acceptance of the application for determination of work-related injury, and the employer and the employee or his or her immediate family members shall be notified in writing.

Second, what should I do if I am injured without a labor contract, apply for a labor ability appraisal to determine the level of disability. The employer, the injured employee or his or her immediate family members shall submit an application to the municipal labor ability appraisal committee, and provide relevant materials on the work-related injury determination decision and the employee's work-related injury medical treatment. Labor ability appraisal refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

Once the level of disability has been determined, it is time to calculate the workers' compensation expenses in accordance with the law (the detailed accounting method is not detailed in this article). At this time, Xunnai can negotiate with the employer accordingly; If the negotiation fails, it may apply to the labor arbitration commission for labor arbitration; If the applicant is not satisfied with the arbitral award, he or she may also file a lawsuit with the court.

Article 62 of the Regulations on Work-related Injury Insurance If an employer fails to participate in the work-related injury insurance in accordance with the provisions of these Regulations, the social insurance administrative department shall order it to participate within a time limit, pay 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 the employer shall pay, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

Legal analysis: To apply for labor arbitration, 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 the determination of work-related injury and the appraisal of the degree of loss of working ability. 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, it may appeal to the labor arbitration commission if not.

Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes: This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China:

(1) disputes arising from the confirmation of employment relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

Legal Analysis: As long as there is an employment relationship with the employer and the injury meets the requirements of the Regulations on Work-related Injury Insurance (and there are no circumstances specified in Article 16), regardless of whether the labor contract is signed and social insurance is paid, it shall be recognized as a work-related injury and compensation shall be obtained according to the work-related injury treatment.

Legal basis: Regulations on Work-related Injury Insurance Article 17 First of all, you must apply to the local labor department for work-related injury identification, which is the premise of all problems, without applying for work-related injury identification, you cannot obtain compensation through work-related injury pure closure, if the unit does not apply, the individual employee must apply within one year from the date of injury.

There is no contract for work-related injuries, but as long as the employer or the employee can provide materials to prove the existence of an employment relationship, they can also be accompanied quickly. In addition, it is also necessary to submit the application form for work-related injury recognition to the social security administrative department, the diagnosis certificate of the hospital and other materials.

Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury determination: (1) Application form for work-related injury identification; (2) Proof of the existence of an employment relationship with the employer (including a de facto employment relationship); (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 writing according to the notice of call, the administrative department for labor and social security shall accept it.

Legal Analysis: As long as there is an employment relationship with the employer and the injury meets the requirements of the Regulations on Work-related Injury Insurance (and there are no circumstances specified in Article 16), regardless of whether the labor contract is signed and the social insurance is paid, it shall be recognized as a work-related injury and compensation shall be obtained according to the work-related injury benefits.

Legal basis: Article 17 of the Royal Circular Regulations of Work-related Injury Insurance Article 17 First of all, it is necessary to apply to the local labor department for work-related injury identification, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the unit does not apply, the individual employee must apply within one year from the date of injury. The town collapsed quickly.