What should I do if I have not been compensated for my work related injury and have been deceived by

Work-related injury appraisal is a kind of labor ability appraisal, which applies to the municipal labor ability appraisal committee after the employee's injury is stable and reaches a certain medical treatment period. Conventional materials and requirements required for declaration of labor ability appraisal (1) Fill in the "Application Form for Labor Ability Appraisal", paste my recent one-inch bareheaded ** on the form, and if the unit is responsible, press ** and stamp the official seal of the unit; For individual applications, the name of the organization, the detailed address of the organization, the name of the contact person of the organization and ** shall be provided, and the contact person of the organization shall be notified on the spot. (2) The original and photocopy of the work-related injury determination decision.

3) Bring a copy of the original ID card of the person being appraised. (4) Provide complete and continuous medical record materials, among them, the original inpatient medical record needs to be provided for hospitalization (take the patient's ID card to the hospital medical record room to copy the medical record, and at the same time stamp the special seal of the hospital medical record management, that is, the original medical record), the original is retained by the appraisal center, and then you can go to the medical record room to mention it again. If you are not hospitalized, you need to provide the original and copy of the emergency or outpatient medical record, the original and copy of the diagnosis certificate and auxiliary examination report, and the original copy shall be retained for review.

Article 21 of the Regulations on Work-related Injury Insurance If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be appraised for his or her ability to work. Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.

It is recommended to collect relevant evidence and submit it to the local labor inspection department for arbitration.

It is illegal for companies to do so.

According to Article 42 of the Labor Contract Law, an employer may not terminate an employment contract.

Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or the suspected occupational disease patient is under diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.

No previous employment contract has been signed.

Is it? Without signing a labor contract, the company is illegal.

Moreover, it is not possible to obtain compensation from the National Occupational Injury Insurance Agency.

Personally, I think that signing a labor contract should be beneficial to you in the long run (of course, if you don't have a labor contract, the employer will also compensate you if you are injured at work).

However, the employment contract signed later is essentially an element of insurance fraud. You also have to choose carefully.

Look at how it was deceitful, if you can provide evidence of deception, you can claim that the contract is invalid, thank you.

Even if you sign a labor contract, you and the company are also de facto labor relations, the company has not paid social insurance, and the company will compensate you after the work-related injury level is identified.

It was done according to the law! If you sign a labor contract, let the insurance department, and if you don't sign it, the company will come out.

There is no relationship between the labor contract, and the work-related injury benefits remain unchanged.

Work-related injuries can be paid by the insurance company, and if the employer does not have enough insurance, the employer should pay for the relevant expenses.

If the company is deceived into signing a work-related injury compensation agreement, it is a labor dispute, and the employee applies for labor arbitration, claiming that the work-related injury insurance compensation is invalid and demanding compensation from the employer.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

1. What conditions must be met for compensation for work-related injury medical expenses?

1. If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be formulated by the labor and social security administrative department in conjunction with the health administrative department, the drug regulatory department and other departments.

2. The handling agency shall sign a service agreement with medical institutions and assistive device allocation institutions on the basis of equal consultation, and publish the list of medical institutions and assistive device configuration institutions that have signed service agreements. The specific measures shall be formulated by the administrative department of labor and social security in conjunction with the administrative department of health, the department of civil affairs and other departments.

3. The handling agency shall verify the use of medical expenses, expenses and assistive devices of injured employees in accordance with the agreement and relevant national catalogues and standards, and settle the expenses on time and in full.

4. It is learned that there are prerequisites for the victim to receive compensation for medical expenses for work-related accidents, that is, except for emergencies, employees who are injured at work should seek medical treatment in the medical institutions that have signed the service agreement, and their expenses must meet the list of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance, and the victim can receive compensation for medical expenses after meeting the above conditions.

If it is confirmed that the labor capacity has been assessed and the labor capacity has been lost or partially lost (there is a work-related injury level), the labor contract shall not be terminated during the labor contract period. If the employer terminates the labor contract in violation of the law, it shall pay double the severance as compensation.

Labor Contract Law

Article 42 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

(1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or a suspected occupational disease patient is during the period of diagnosis or medical observation;

(2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work;

(3) Illness or non-work-related injury, within the prescribed period of medical treatment;

(4) Female employees are pregnant, giving birth, or breastfeeding;

(5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

(6) Other circumstances provided for by laws and administrative regulations.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

(1) The worker is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the prescribed medical treatment period has expired;

(2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

(3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Consult a law firm or go directly to a lawyer to see if there is room to recover the damage. You're good enough, and you can sign it casually if you don't see it clearly.