Can I request a work related injury determination if I have not signed an employment contract with t

1.You can apply for a work-related injury determination! As long as there is an employment relationship with the employer and the injury is in accordance with Article 1 of the Regulations on Work-related Injury Insurance.

Ten. Article 4 and Article 15 stipulates that regardless of whether the labor contract is signed and social insurance is paid, compensation shall be received according to the work-related injury treatment!

2.According to Article 17 of the Regulations on Work-related Injury Insurance, the first thing to do is to apply to the local labor department for work-related injury recognition, which is the premise of all problems.

3.If the employer does not admit the existence of an employment relationship with the injured employee, it should first confirm the existence of an employment relationship with the employer, and pay attention to collecting relevant evidence that can prove the employment relationship, such as salary cards, pay slips, attendance cards, temporary residence permits, and all other materials that can prove the employment relationship. These evidentiary materials can be written evidence, witness testimony, audio evidence, physical evidence, electronic evidence, etc.

4.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, after the injury is stabilized, you can apply for a labor ability appraisal to determine the work-related injury level, and then claim disability compensation from the employer according to the disability level;

5.If the employer does not fulfill the above obligations, the injured employee can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration to protect their legitimate rights and interests, if there is anything they don't understand, they can directly call 12333 to consult the local labor department!

A: You can ask for a work determination, and your injury can be recognized as a work-related injury. According to the relevant provisions of the Regulations on Work-related Injury Insurance, an application for determination of work-related injury shall be submitted with supporting materials proving the existence of an employment relationship (including a de facto employment relationship) with the employer.

In trial practice, proof of receipt of wages, written certificates from workers or colleagues, attendance sheets, employment registration forms, etc., can be used as evidence of the existence of a de facto employment relationship between the employee and the employer. Although you have not signed an employment contract with the factory, you can submit the above evidence to prove that there is a de facto employment relationship between you and the factory, so that the injury you suffered is a work-related injury.

Legal analysis: To apply for determination of work-related injury, the applicant shall submit proof of the existence of an employment relationship with the employer. If you have not signed an employment contract with the employer, you can apply for a work-related injury determination as long as there is evidence that can prove the existence of a de facto employment relationship.

Legal basis: Article 14 of the 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) he or she is 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) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

1. How to compensate for work-related injuries without signing a labor contract

Clause. 1. If a labor contract has not been signed, the employee has the right to request the employer to pay double wages and economic compensation in accordance with Article 82 of the Labor Contract Law.

Clause. 2. If the employer fails to pay work-related injury insurance, all work-related injury compensation shall be borne by the unit.

Clause. 3. First of all, the unit is required to apply to the local labor and social security department for recognition of work-related injury.

Clause. 4. The medical expenses, escort fees, living expenses, etc. required for hospitalization shall be paid by the unit, and the wages and benefits during the suspension period shall remain unchanged and shall be paid by the unit on a monthly basis.

Clause. 5. After the completion of the first class, do the disability appraisal of the working ability, and propose disability compensation according to the conclusion of the disability appraisal.

Clause. 6. If the employer does not give reasonable compensation, it can apply for labor arbitration at the labor department to protect its rights and interests.

Labor Contract Law of the People's Republic of China

Article 82 [Legal Liability for Failure to Conclude a Written Labor Contract] If an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

2. Whether the labor relationship requires the signing of a labor contract

A written labor contract shall be concluded for the establishment of a labor relationship.

In other words, the scope of application of the Labor Contract Law includes individual industrial and commercial households, and individual industrial and commercial households in China are required to enter into a written labor contract to establish an employment relationship with an employee.

Labor Contract Law of the People's Republic of China

Article 2: [Scope of Application]This Law applies to enterprises, individual economic organizations, private non-enterprise units, and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve, or terminate labor contracts.

The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.

As mentioned above, China's Labor Contract Law stipulates that work-related accidents are divided into two situations, one is to cause injury or disability to the employee, and the other is to cause the death of the employee. In the event of a work-related accident, compensation can be claimed according to the work-related injury insurance purchased by the employer. Legal advice is welcome.

If a work-related injury death is not signed with a labor contract, it may be found to be a work-related injury. As long as an employment relationship is established between the employer and the employee, even if there is no labor contract, as long as the circumstances that should be recognized as a work-related injury are met, it can be recognized in accordance with the law.

[Legal basis].Article 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be a work-related injury:

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) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work;

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

If there is no labor contract but there are the following documents to prove the existence of an employment relationship between the two parties, the applicant may apply for a work-related injury determination: wage payment vouchers or records, and records of payment of various social insurance premiums; A certificate issued by the employer to the employee to prove the employee's identity; Recruitment records filled in by the worker; attendance records; Testimonies of other workers, etc.

1. How to apply for work-related injury without a labor contract.

If you do not have an employment contract, but you have other proof of the existence of an employment relationship with the employer, you can still apply for work-related injury. The following documents can be referred to to determine the existence of an employment relationship between the two parties: attendance records; Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; "Work Permit", "Service Certificate" and other documents issued by the employer to the employee that can prove the employee's identity; Other.

2. What should I do if I am injured without a labor contract?

If an employee suffers a work-related injury without signing a labor contract, he/she may apply to the Labor Dispute Arbitration Commission for arbitration to determine the labor relationship, and then apply for work-related injury determination: a certificate issued by the employer to the employee that can prove the employee's identity; Wage payment vouchers or records, records of payment of various social insurance premiums; attendance records; The employer's employment record filled in by the employee; Testimony from other workers, etc.

3. What should I do if there is no labor contract for work-related injuries?

If there is no employment contract at the time of applying for work-related injury determination, it is also acceptable to have other materials that can prove the de facto employment relationship. The above materials include: attendance records; "Work Permit", "Service Certificate" and other documents issued by the employer to the employee that can prove the employee's identity; Wage payment vouchers or records, records of payment of various social insurance premiums; Recruitment records such as the "registration form" and "registration form" filled in by the employee; Testimonies of other workers, etc.

Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations Article 2 If an employer has not signed a labor contract with an employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the employer's recruitment "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

If the employer and the employee have not signed a labor contract, they can prove the existence of an employment relationship between the two parties and apply for work-related injury recognition through the following documents: attendance records; Wage payment refers to the indiscriminate payment vouchers or records, and the records of the payment of various social insurance premiums; The employment record filled in by the employee to accompany the return to the position; A certificate issued by the employer to the employee to prove the employee's identity; Only the testimony of other workers, etc.

[Legal basis].

Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations.

If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the employer's recruitment "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).