What should I do if I am injured without a labor contract when repairing a subway

1.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!

Hello, if you do not have an employment contract or other evidence to prove the existence of an employment relationship, and you are unable to 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.

After applying for labor arbitration and proving the labor relationship, an application for work-related injury determination is required.

You can apply for labor arbitration to confirm the existence of a labor contract relationship, and then apply for work-related injury determination, and go through the work-related injury claim procedure.

If the employer has not signed a labor contract but has a labor factual relationship, and the employer has not purchased work-related injury insurance, it shall be compensated according to the work-related injury insurance, and the specific compensation amount shall be negotiated according to the compensation amount specified in the work-related injury insurance, including lost work expenses, ** expenses, nutrition expenses and other expenses.

According to Article 62 of the Regulations on Work-related Injury Insurance, if an employer fails to participate in 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 should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

The Regulations on Work-related Injury Insurance and the Measures for the Determination of Work-related Injuries both have provisions.

Follow the above requirements to prepare the materials. It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability. Finally, pay attention to the local city's work-related injury insurance regulations.

The identification of work-related injuries is the key, and only when work-related injuries are recognized can they enjoy work-related injury benefits.

The level of disability can be based on the diagnosis conclusion and make a preliminary judgment according to the "Labor Ability Appraisal - Classification of Disability Levels Caused by Work-related Injuries and Occupational Diseases of Employees", and the final appraisal conclusion made by the appraisal agency designated by the labor department shall prevail.

Labor issues: If you do not sign a labor contract, the employer should pay you double your salary, make up social security and pay economic compensation from the second month. The key point is evidence, you need evidence of an employment relationship with the employer, and if the work-related injury is recognized, the employment relationship will also be recognized.

As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form. This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

Reversal of the burden of proof" is widespread in the field of labor law. Article 6 of the Law on Mediation and Arbitration of Labor Disputes stipulates that "in the event of a labor dispute, the parties shall have the responsibility to provide evidence for their claims.

If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences. Paragraph 2 of Article 39 stipulates that: "If the employee is unable to provide evidence related to the arbitration claim that is in the possession and management of the employer, the arbitral tribunal may require the employer to provide such evidence within a specified time limit."

If the employer fails to provide it within the specified time limit, it shall bear the adverse consequences." Article 13 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases clearly stipulates that the employer shall bear the burden of proof in the event of a labor dispute arising from an employer's decision to dismiss, dismiss, dismiss, terminate the labor contract, reduce the labor remuneration, calculate the employee's working years, etc.

Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings also stipulates that: "In a labor dispute case, the employer shall bear the burden of proof if a labor dispute arises due to the employer's decision to dismiss, dismiss, dismiss, terminate the labor contract, reduce the labor remuneration, calculate the employee's working years, etc." The Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations stipulates:

The burden of proof shall be borne by the employer for wage payment vouchers, social security records, recruitment registration forms, registration forms, and attendance records."

If you want to fully protect your legitimate rights and interests, it is recommended that you take a look at the Labor Law, the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.

If a de facto labor relationship is formed between the employer and the employee, the rights and obligations of the employee shall be regulated by labor laws and regulations. In terms of specific procedures: the determination of work-related injuries is the authority of the labor administrative department, and the injured employee can be confirmed by the enterprise to the local labor department, and after the labor administrative department confirms the work-related injury, and the enterprise does not give work-related injury benefits in accordance with the relevant provisions of the state, the employee may apply for arbitration, and the arbitration authority will file and accept the case; If the injured employee reasonably requests the enterprise to report to the local labor department for confirmation of work-related injury, but the employer fails to report to the labor department, the employee may apply to the arbitration commission for arbitration if the labor dispute arises.

There will definitely be compensation, if your father has a label, go to the labor bureau as evidence. Requests for advance payment of medical expenses can be supported. In addition, the absence of a written labor contract does not mean that there is no labor relationship, and the absence of an employment contract can only indicate that the factory may have violated the rules.

The middle finger of the right hand 1 3 estimates the disability level 8-9, and how many months' salary should be supplemented, you can read the work-related injury insurance regulations yourself.

If you don't have a contract, you need to collect proof of other labor relations, as long as you can collect valid evidence to prove that your father and the employer have an employment relationship, even if there is no contract, it doesn't matter, you go to the local work-related injury insurance office to consult the procedures for identifying work-related injuries, you can call 12333 for specific consultation.

They can apply for work-related injury recognition and enjoy work-related injury insurance benefits in accordance with the law.

Lawyer Zeng Jinfeng.

Whether the standard for compensation for work-related injuries that have not been signed under the labor contract is signed.

Compensation for work-related injuries arising from labor contracts.

What about the same standards? How to compensate for work-related injuries without signing a labor contract? 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, 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 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 employer cannot reach an agreement, it can apply for labor arbitration. Legal basis: Article 36 of the Contract Law of the People's Republic of China stipulates that if the law or administrative regulations or the parties agree to conclude a contract in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

If the employee has not signed an employment contract, it will not affect the determination of work-related injury, as long as the employee can prove the existence of a de facto employment relationship with the employer.

According to 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 labor relationship (including de facto labor 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.

First of all, there is no sign for labor.

According to Article 82 of the Labor Contract Law, you have the right to request the employer to pay double wages and economic compensation;

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.

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of suspension of work, food allowance, nursing expenses, etc.;

4. 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.

5. 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**.

1. If you have not signed a labor contract, you have the right to request the employer to pay double wages and economic compensation according to Article 82 of the Labor Contract Law; Return.

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

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

4. The medical expenses, accompanying expenses, living expenses, etc. required for hospitalization are paid by the unit, and the wages and benefits during the suspension period remain unchanged and are paid by the unit on a monthly basis.

5. After the completion of the re-evaluation, the disability appraisal of the working ability shall be done, and the disability compensation shall be proposed according to the conclusion of the disability appraisal.

6. If the unit does not give reasonable compensation, it can sue the labor arbitration office of the Ministry of Labor to protect its rights.

It is necessary to divide the situation: 1. First of all, the place where you work must have the qualification of an independent legal person, that is, you cannot be a contractor and have no industrial and commercial registration. If so, then don't call it a work-related injury, go to the court and fight a civil lawsuit.

2. Your employer acknowledges your labor relationship: (1) You have medical insurance. In this way, your employer should go to you to identify and identify the work-related injury.

2) Without medical insurance, your unit may not give you identification and appraisal, at this time you have to get the strong evidence of the unit's official seal to do the identification and appraisal yourself.

3. Your employer does not recognize the existence of labor relations between you. In this case, the unit will definitely not insure you, you have to go to the local labor arbitration to confirm the labor relationship lawsuit! (Considerable evidence is required!)

I don't know what type of work you have, so it's not good to give you a way, you'd better consult a lawyer) After the lawsuit, the unit can give you a work-related injury identification and appraisal, so that you can claim relevant compensation according to the results.

4. You have done all of the above, and the unit will not compensate you, and you will have to go to the labor arbitration to sue the unit!

If you provide evidence of the existence of a de facto employment relationship, you can also apply for work-related injury.

1. Where an application is made for recognition of work-related injury, the unit to which it belongs shall submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the labor and social security 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 immediate family members 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 labor and social security administrative department of the coordinating area where the employer is located.

2. The Regulations on Work-related Injury Insurance have detailed provisions on the identification of work-related injuries, the appraisal of labor ability and the compensation standards, and it is recommended to refer to them.