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If an employee does not have a work permit or a labor contract and now has a broken hand, in order to receive compensation, he or she needs to apply for a work-related injury appraisal, and the employee shall provide evidence to the human resources and social security bureau where the employer is located to prove the existence of an employment contract relationship between the employee and the employer. Commonly required evidentiary materials include the following:
1. Evidence of the employee's work content, such as electronic texts, materials, and other information related to the company;
2. The relevant identification of the worker's work, such as work letter, employee card, employee clothing and any other proof related to the company;
3. The system basis given by the company to the workers is best to seal or print the whole set of materials, such as employee handbook, financial system, employee roster, etc.;
4. Information on the communication between the company's regular employees or leaders and employees, such as work arrangements, written notices, e-mail notices, etc.;
5. The worker can try to have a conversation with the company's supervisor, and then record the record, and reflect the leader's name in the recording material, otherwise, it will be difficult for the court to confirm the authenticity of the recording material;
6. The worker can prove that the worker works in the company through the witness and the testimony of other employees who have left the company.
7. Other materials that can be related to the company (documents signed by the work) can be used as evidence.
If the company does not purchase work-related injury insurance for employees, the company will bear all the expenses that should be paid by work-related injury insurance.
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If you have a de facto employment relationship with the company, you can negotiate with the company's supervisor first, of course, provided that you are injured at work, and not because of someone else's injury or your own injury after work. If the negotiation fails, the company may provide attendance records related to the company, employment registration, testimony of other colleagues, and recordings of consultations with unit leaders, etc., and negotiate or arbitrate with the labor department.
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If the injury is injured at work, it is a work-related injury and compensation is based on the standard of work-related injury.
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If there is no labor contract and a work-related injury occurs, the injured employee can still claim work-related injury benefits in accordance with the provisions of the "Regulations on Work-related Injury Insurance". 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. If the employer and the employee do not sign a written labor contract, it does not affect the establishment of the labor relationship, that is to say, there is a de facto labor relationship between the two parties, and if the employee is injured due to work-related reasons, it is still a work-related injury and can claim work-related injury benefits.
When dealing with work-related injuries, you should apply to the labor and social security department for work-related injury recognition within the specified time, and then apply for disability appraisal after the work-related injury is determined to be old and terminated, and then determine the specific amount of work-related injury compensation according to the disability level of the appraisal. As for the amount of compensation, if the negotiation with the employer fails, you can apply for labor arbitration.
Article 14 of the Regulations on Work-related Injury Insurance provides that an employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) Injured in an accident due to work-related reasons during working hours and in the workplace; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Injured in a traffic accident for which he or she is not primarily responsible, or in an urban rail transit, passenger ferry, or train accident while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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If there is no employment contract signed, if the injured employee is informed of the work-related injury, the injured employee can still claim work-related injury benefits in accordance with the provisions of the Regulations on Work-related Injury Insurance. 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. If the employer and the employee do not sign a written labor contract, it does not affect the establishment of the labor relationship, that is to say, if the employment relationship between the two parties is cracked, and the employee is injured due to work-related reasons, it is still a work-related injury and the employee can claim work-related injury benefits.
When dealing with work-related injuries, you should apply to the labor and social security department for work-related injury recognition within the specified time, and then apply for disability appraisal after the work-related injury is identified and concluded, and then determine the specific amount of work-related injury compensation according to the disability level of the appraisal. As for the amount of compensation, if the negotiation with the unbridled employer fails, it can apply for labor arbitration.
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It is a work-related injury. Employees are injured in accidents during working hours and in the workplace due to work-related reasons; It should be recognized as a work-related injury: Submit a work-related injury determination to the Human Resources and Social Security Bureau.
Regulations on Work-related Injury Insurance.
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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;
(4) Suffering from an occupational disease;
(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;
(6) Injured in a traffic accident for which he or she is not primarily responsible, or in an urban rail transit, passenger ferry, or train accident while commuting to or from work;
(7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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If a de facto employment relationship is established, it shall be handled with reference to work-related injuries.
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[Determination of work-related injury].
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;
Work-related injury grade 9] standard: 23) After fracture internal fixation, there is no functional impairment;
Work-related injury grade 10] Standard: 14) No functional impairment after healing of fractures in various parts of the body.
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If you are injured due to work-related reasons, you can apply for a work-related injury determination.
You can file for labor arbitration.
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