Ask the lawyer a question about whether a work injury can be reported

First of all, it is necessary to prove the de facto labor relationship, that is, your friend works in the boss's factory, and the labor relationship with the factory or the boss is one.

The second is to prove that your friend's injury occurred while at work.

Then go to the labor bureau to report the work-related injury (the boss will not declare), and then do a labor ability appraisal after the injury is stable.

Finally, negotiate with the boss, explain the amount of compensation according to law, and then ask less, cash is king, just do it. If the boss doesn't negotiate or gives too low, file a lawsuit.

If the compensation result is too different from your friend's request, your friend should apply to the social insurance department of the local county-level labor department for work-related injury recognition within one year, and with the labor department's work-related injury determination decision, your friend will definitely be able to get compensation. (To apply for work-related injury, your friend must provide a timesheet with his name or a pay slip with his name).

Refer to the provisions of the Regulations on Work-related Injury Insurance.

Chapter III: Determination of Work-related Injuries].

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being 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) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

It doesn't matter if you don't have a contract, it's just a day of work, and it's also his worker.

If something happens, the factory will be responsible. If the factory does not want to pay compensation or is too different from the requirements, your friend should apply to the social insurance department of the local county-level labor department for work-related injury recognition within one year, and with the labor department's work-related injury determination decision, in the request to the labor department to do arbitration (the limitation period for applying for arbitration of labor disputes is one year), who is dissatisfied with the arbitration result and goes to the court to sue, and cannot sue directly without arbitration. For details, you can consult a local lawyer.

Apply to the local labor and social security department for work-related injury identification, and then assess the level of disability, identify the ability to work, and enjoy work-related injury insurance benefits in accordance with the "Work-related Injury Insurance Regulations". If there is a dispute about whether there is an employment relationship between you, you can apply for labor arbitration to confirm the employment relationship.

Or don't settle it with your boss in private, it may be safer for you to go through the judicial process.

Regulations on Work-related Injury Insurance.

Article 17: Employees who are injured in an accident or are diagnosed or appraised as occupational diseases in accordance with the provisions of the Law on the Prevention and Treatment of Occupational DiseasesThe unit to which it belongs shall be within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational diseaseSubmit an application for work-related injury recognition to the social insurance administrative department of the coordinating region. 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 shall be injured within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational diseaseAn application for recognition of work-related injury may be submitted directly to the social insurance administrative department of the coordinating region 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.

Your situation has passed the statute of limitations for applying for a work-related injury determination, but according to "I was injured in my previous unit 10 years ago, my right foot was crushed by an iron frame, and my little finger was broken. and paragraph 4 of the above-mentioned Regulations, which states that "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 that meet the requirements of these Regulations during this period." ”

You can claim compensation from your employer.

Yes, if the employer does not apply, you can apply on your own.

It is more convenient for the unit to apply, and the individual application needs to be proven.

Q: Hello lawyer: If you didn't report your work-related injury at the beginning, is there a time problem, and you can't report your work-related injury after this time?

Lawyer: If you didn't report your work-related injury at the beginning, is there a time problem, and you can't report your work-related injury after this time?

Five Steps to Reporting a Work Injury:

1. Application for work-related injury declaration.

The applicant shall submit an application for work-related injury determination to the labor administrative department in accordance with the provisions and provide relevant materials.

2. Acceptance of work-related injury declarations.

1. The Insurance Division will review the application within 15 days after receiving it. Those that meet the requirements shall be accepted, and those that do not belong to this jurisdiction shall be informed of the applicant.

2. If the application materials are incomplete, the applicant shall be notified to complete the materials within 30 days. The following materials shall be submitted to submit an application for determination of work-related injury:

1) One copy of the labor contract;

2) One copy of the medical diagnosis certificate (medical records, expense lists, examination sheets, etc.);

3) A copy of the ID card;

4) In the case of traffic accidents, provide a certificate of accident responsibility from the traffic police department, such as a copy of the driver's license if the injured employee is the driver;

5) If a person is injured in a violent accident due to the performance of his or her work duties, the relevant certificate from the public security department or the court must be submitted;

3. Determination of work-related injuries.

1. Within 60 days (30 days may be extended for special circumstances) and inform the unit and individual of the conclusion of the work-related injury determination within 60 days (30 days may be extended for special circumstances) after review.

2. If the applicant cannot provide proof of the fact of labor relationship, the applicant shall be informed to initiate labor arbitration to determine the labor relationship, and the arbitration time shall not be accumulated within the specified time for acceptance.

3. The applicant shall be informed of those who do not meet the requirements for identification.

4. Issue work-related injury certificates to those identified as work-related injuries.

4. Appraisal of work-related injuries.

If the period of suspension of work with pay expires or the injury condition is basically stable, the applicant shall submit a labor ability appraisal to the Labor Ability Appraisal Committee to assess the disability level.

5. Work-related injury insurance benefits.

If it is determined that the applicant meets the conditions for enjoying work-related injury insurance benefits, the applicant wants to apply for a treatment review at the Social Security Center. According to the approved benefits, the social security center shall pay the injured employees within the specified time.

If the employer does not report the work-related injury, the employee can go to the Work-related Injury Section of the Labor Bureau to report it by himself, and he or she needs to bring the information to refer to the Regulations on Work-related Injury Insurance

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.