What should I do if the employer does not sign the work related injury opinion book and the labor de

If the employee is considered to be injured as a work-related injury but the employer does not consider it to be a work-related injury, the injured person may apply to the Work-related Injury Section of the Social Security Bureau for recognition of work-related injury within one year from the date of injury, with reference to the Regulations on Work-related Injury Insurance

Article 17 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 Treatment 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 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.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level 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.

Article 18 The following materials shall be submitted to submit an application for recognition of work-related injury:

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.

1. I also remind you that there is a time limit for the identification of work-related injuries, so be sure to hurry.

2. The forensic examination is also as early as possible, so that the injury is more serious. Some injuries can't be detected after they are healed!!

3. If you can live more in the hospital, you can live more, (in the future, you can count more subsidies for migrant workers and inpatient meals), hehe.

All the best.

Why do individuals need the signature of the employer when applying for work-related injury determination?

Don't understand. If you provide relevant evidence and the testimony of your co-workers, you can apply for a work-related injury determination on an individual.

It is best to find a lawyer to consult the chin. The people above are often spoilt for their attention ... Don't let them mislead you and end up hurting you.

Legal Analysis: If the employer does not sign the application for work-related injury determination, the employee himself can apply for work-related injury determination. If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit, the injured employee, his close relatives or trade union organization may directly apply for recognition of work-related injury within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

Legal basis: Article 17 of the Regulations on Work-related Injury Insurance 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, 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.

Summary. If the unreasonable clause is illegal, it is invalid, but if it is not illegal, it is only unfavorable to you, and the worker is unfavorable to the worker when it comes to compensation after signing it.

Hello, I am a cooperative lawyer of LegalPro platform, and I am happy to serve you.

The employer's application for work-related injury may be accepted if the employee does not sign. According to the application form for work-related injury recognition attached to the Measures for Work-related Injury Recognition of the Ministry of Labor and Social Security, the employer does not need the signature of the injured employee when applying for work-related injury recognition, and the employee's signature is not required. If the employer applies for the recognition of work-related injuries, the work-injured employee shall accept the application if he does not sign the Chunhuai character.

I hope I am helpful to you, and if you need it in the future, please feel free to consult.

The contract issued by the boss has unreasonable terms Can the worker accept it if he does not sign it.

That is, there was no employment contract before, and the boss's contract had unreasonable terms when the injury was reported after the injury, and what should the worker do?

Will it affect the compensation to the worker?

The contract issued by the boss has unreasonable terms, and the worker can still accept it if he does not sign it.

If you did not have an employment contract before, and if the employer's contract has unreasonable terms when you report the injury to you, you can apply for labor arbitration.

If you feel that it is unreasonable, do not sign it first, and you can apply for labor arbitration.

If you don't sign a contract, what should you do if your boss doesn't cooperate with the work-related injury?

If there are unreasonable terms signed by the worker, it will be unfavorable to the worker when it comes to compensation.

You can go to the local labor inspection brigade and report him.

Good. If the unreasonable clause is illegal, it is invalid, but if it is not illegal, it is only unfavorable to you, and the worker is unfavorable to the worker when it comes to compensation after signing it.

I hope I am helpful to you, and if you need it in the future, please feel free to consult.