I m a work related injury worker, I don t have a contract, I don t have insurance, I just went for t

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. 4. If the provisions of Article 15 (and there are no circumstances specified in Article 16), regardless of whether or not a labor contract is signed and social insurance is paid, it shall be recognized as a work-related injury and compensation shall be obtained according to the work-related injury benefits.

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 fails to fulfill the above obligations, the injured employee can file a complaint with the local labor inspection brigade or directly go to the labor arbitration commission to apply for arbitration to protect his or her legitimate rights and interests.

There is no contract and it is also a de facto employment relationship, unless the factory does not agree with you to do it, as long as the factory agrees with you to do it, it will be responsible for your accident. There is no work-related injury insurance, and the factory pays for it. You can also go to make up the payment, then the relevant expenses will be paid by the work-related injury insurance**.

You can issue a relevant certificate of your employment in this unit, and then labor arbitration will pay compensation according to the work-related injury standard.

Legal Analysis: In fact, work-related injury compensation is premised on the existence of an employment relationship, not on the existence of a labor contract, because the de facto labor relationship is also an employment relationship, and the injured employee can claim work-related injury benefits.

According to Article 1 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of the Department of Labor Relations, an employment relationship shall be established if an employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances.

1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;

3) The labor provided by the worker is an integral part of the employer's business.

Legal basis: Article 1 of the Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations An employment relationship shall be established if an employer recruits a worker without signing a written labor contract, but at the same time meets the following circumstances.

1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

2) The labor rules and regulations formulated by the employer in accordance with the law shall be applicable to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;

3) The labor provided by the worker is an integral part of the employer's business.

If an employee is injured at work and is injured at work, he or she can apply for work-related injury compensation, but some employees do not have a formal labor contract with the company, and the cooperation between the two parties is not documented in writing, so they are worried that they will not receive work-related injury compensation. So, what should I do if I don't have a labor contract for work-related injuries? Here to help you out.

If the employer has not signed a labor contract with the employee, the employer may refer to the following documents 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 "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).

Application for recognition of work-related injury.

First, to apply for recognition of work-related injury, the unit to which the employer belongs shall, within 30 days from the date of occurrence of the accident injury, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area. If the employer fails to submit an application for work-related injury determination within the prescribed time limit, the injured employee or his or her immediate family members may directly apply for work-related injury determination within one year from the date of occurrence of the accident injury.

After receiving the application for recognition of work-related injury, the administrative department for labor and social security shall conduct a review within 15 days, and shall accept it if it meets the requirements, and if it is not within the jurisdiction of the department, the department with jurisdiction shall notify the applicant in writing; If the applicant supplements all the materials within 30 days, it shall be accepted, and a decision on whether to determine whether it is a work-related injury shall be made within 60 days from the date of acceptance of the application for determination of work-related injury, and the employer and the employee or his or her immediate family members shall be notified in writing.

Second, apply for labor ability appraisal to determine the level of disability. The employer, the injured employee or his or her immediate family members shall submit an application to the municipal labor ability appraisal committee, and provide relevant materials on the work-related injury determination decision and the employee's work-related injury medical treatment. Labor ability appraisal refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

Once the level of disability has been determined, it is time to calculate the workers' compensation expenses in accordance with the law (the detailed accounting method is not detailed in this article). At this time, you can negotiate with the employer on this basis; If the negotiation fails, it may apply to the labor arbitration commission for labor arbitration; If the applicant is not satisfied with the arbitral award, he or she may also file a lawsuit with the court.

The unit shall bear all liability for compensation according to the work-related injury.

1.Call 114 to check the Labor Bureau** for consultation.

2.Consult a free lawyer.

3.Employers are inseparable.

1. First apply for work-related injury identification, then do labor ability appraisal, and claim compensation according to the appraisal results; 2. If the employer does not submit an application for recognition of work-related injury, the injured employee, his close relatives or the trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the 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; 3. Failure to sign a labor contract is an illegal act, and relevant evidence can be collected, such as salary slips, punch-in records, work uniforms, work information, witness testimony, audio recordings, etc., which can prove that you have a labor relationship, and require the employer to pay double the salary of the unsigned labor contract; 4. During the period of suspension of work and salary, the original salary and benefits remain unchanged and are paid by the unit on a monthly basis; During the period of suspension of work with pay, the employer shall not dissolve or terminate the employment relationship with the employee; 5. Work-related injury compensation includes: medical expenses, wages during the period of suspension of work, hospital meal allowance, nursing expenses, transportation expenses, accommodation expenses, one-time disability allowance, and one-time employment subsidy and one-time medical subsidy if the labor relationship is terminated, etc. The specific amount shall be determined in combination with the salary of the person and the average monthly salary of the employee in the province in the previous year.

Summary. Hello, according to China's labor law, even if there is no labor contract, employees should enjoy corresponding compensation and treatment if they are injured during work. The following are the principles and procedures for compensation in general:

1.Timely reporting: Employees should report a work-related injury to their employer or superior immediately and seek medical attention as soon as possible.

The sooner you report your injury, the better it is to get compensation. 2.Disability Assessment:

Employees are required to undergo a disability assessment by a hospital or designated medical institution, and the results of the assessment will be used as the basis for compensation. 3.Medical Expenses:

The employer shall bear the medical expenses incurred by the employee due to the work-related injury, including the cost of **, medicine, **, etc.

Hello, according to China's labor law, even if there is no labor contract, employees should enjoy corresponding compensation and treatment if they are injured during work. The following are the principles and procedures for compensation in general:1

Timely reporting: Employees should report a work-related injury to their employer or superior immediately and seek medical attention as soon as possible. The sooner you report your work-related injury, the better it is to get compensation.

2.Disability assessment: Employees need to go through a hospital or designated medical institution to go through a disability assessment, and the assessment results will be used as the basis for compensation.

3.Medical expenses: The employer shall bear the medical expenses incurred by the employee due to the work-related injury, including **, drug start-up, ** and other expenses.

4.Work-related injury allowance: Employees who are temporarily or permanently incapacitated due to work-related injuries are entitled to work-related injury benefits.

The rate of allowance is based on the employee's level of disability and salary history. 5.Lump sum disability benefit:

Employees who are disabled to a certain extent due to work-related injuries are entitled to a one-time disability allowance. The amount of the allowance is determined according to the degree of disability and the relevant regulations.

Summary. Hello dear. I've found the answer for you and I'm back, and here's how it is:

If a work-related injury occurs without signing a labor contract, the injured employee may 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 the work-related injury treatment should be applied 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 and terminated. After that, the specific amount of workers' compensation will be determined based on the level of disability appraised. As for the amount of compensation, if the employer cannot reach an agreement, it can apply for labor arbitration.

Hello dear. I have found the answer for you and come back, and the correct explanation is as follows: if there is no labor contract and there is a 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 sign a written labor contract with the employee, 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 the work-related injury treatment can be required to apply to the labor and social security department for work-related injury identification within the specified time when dealing with work-related injuries. After that, the specific amount of work-related injury compensation will be determined according to the level of disability and other old conditions. As for the amount of compensation, if the employer cannot reach an agreement, it can apply for labor arbitration.

Legal basis: Article 62 "Regulations on Work-related Injury Insurance".

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

1. If you have not signed a labor contract, according to Article 82 of the Labor Contract Law, you have the right to request the employer to pay double wages and economic compensation. 2. If the employer fails to pay the work-related injury insurance, all work-related injury compensation should be borne by the unit. 3. First of all, the unit is required to apply to the local Ministry of Labor and Social Security for the recognition of the injury of the University of Technology.

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.

The legal basis for work-related injury compensation is the Work-related Injury Insurance Regulations, which are detailed provisions on work-related injury insurance benefits in Chapter 5 of the Work-related Injury Insurance Regulations. Article 29 of Chapter 5 of the Regulations on Work-related Injury Insurance, if an employee is injured in an accident or infected with an occupational disease due to work, he or she shall enjoy medical treatment in accordance with the law, and the wages and disability compensation for other periods of suspension of work and disability are clearly stipulated.

Summary. Hello <>

Article 22 of the Labor Contract Law of the People's Republic of China stipulates that the employer shall conclude a written labor contract with the employee in the event of a work-related injury to a worker who has not signed an employment contract. If there is no labor contract, it will be treated as an indefinite labor contract<>

Article 46 of the Labor Insurance Law of the People's Republic of China stipulates that if an employee suffers a work-related accident during working hours and in the workplace, the employer shall pay the work-related injury medical expenses, work-related injury allowance and one-time disability subsidy. Even if there is no employment contract, the employer is still liable for work-related injury compensation.

How to compensate workers who have not signed a labor contract for a work-related injury on a day at work.

On the first day of work, I was injured before I could pay for the labor contract. How to deal with this.

Hello <>

Article 22 of the Labor Contract Law of the People's Republic of China stipulates that the employer shall enter into a written labor contract with the employee in the event of a work-related injury to a worker who has not signed a labor contract. If there is no labor contract, it will be treated as an indefinite labor contract<>

Article 46 of the Labor Insurance Law of the People's Republic of China stipulates that if an employee suffers a work-related accident during working hours and in the workplace, the employer shall pay the work-related injury medical expenses, work-related injury allowance and one-time disability subsidy. Even if there is no employment contract, the employer still needs to bear the liability for work-related injury compensation.

1.If a worker suffers a work-related injury, he or she should seek medical attention in time and report it to the employer so that the work-related injury can be determined and the compensation application can be made. 2.

The medical expenses for work-related injuries shall be paid in advance by the employer, and shall be reimbursed through labor insurance** and other channels in the future. 3.Work-related injury benefits are calculated based on the degree of work-related injuries and the actual wage level of the worker, and are used to compensate for the loss of income caused by work-related injuries.

4.The one-time disability subsidy refers to a one-time compensation given according to the degree of work-related injury, and the amount is determined by the local labor insurance department in accordance with the prescribed standards. 5.

If the employer fails to fulfill the obligation of work-related injury compensation in a timely manner, the employee can file a complaint with the labor security supervision agency, and has the right to file a labor arbitration or labor lawsuit in accordance with the law. Regardless of whether or not an employment contract is signed, the employer should be liable for work-related injury compensation. Employees should report and seek appropriate compensation and protection in a timely manner after a work-related injury.

Even if there is no employment contract, the employer is still liable for work-related injury compensation. Kiss.

Dear, is there anything else you don't understand? Tell me more about your situation and I'll answer for you. <>

What if the company doesn't admit it?

In this way, several levels of work-related injuries can be identified.

2.File a complaint: Workers can file a complaint with the local labour inspectorate and request mediation or punishment.

3.Hire a lawyer: Workers can hire a professional labor lawyer to file a lawsuit to protect their legitimate rights and interests.

Relevant evidence, such as medical records, witness testimony, etc.