There is no pay slip for traffic accident compensation, what should I do if I work as a small worker

Hello, to the problem you described, the lawyer replied as follows:

First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.

Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages.

Third, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment.

Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment.

Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation.

Sixth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

First of all, the compensation for lost time is determined based on the victim's lost time and income status.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. Where the victim does not have a fixed income, it is to be calculated on the basis of his average income in the last three years, and where the victim cannot provide evidence to prove his average income in the last three years, it may be calculated by referring to the average salary of employees in the same or similar industry in the same location in the previous year.

Hope it helps you, that is, there must be standards, not just casually.

According to the situation, there should be an employment relationship between you and the foreman, and if the employee is at fault for the occurrence of the traffic accident damage, the employer can recover from the employee.

According to the judicial interpretation on compensation for personal injury, if an employee causes injury in the course of employment activities, the employer shall be liable for compensation; If an employee causes damage to another person intentionally or through gross negligence, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.

No, you can ask him for compensation.

Effective. You can sue after a month.

Article 136 of the General Principles of the Civil Law provides that the following statute of limitations period is one year:

1) Claims for compensation for bodily injury;

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 1: Where the person with the right to compensation sues for compensation for the loss of property or mental damage due to the infringement of life, health, or body, the people's court shall accept it.

Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.

The provisions of this article do not apply to those who fall within the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.