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Paragraph 2 of Article 19 of the Regulations on Work-related Injury Insurance stipulates that "if an employee or his or her immediate family member believes that it is a work-related injury, and the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof." "The Notice on Matters Concerning the Establishment of Labor Relations promulgated by the Ministry of Labor and Social Security on May 25, 2005 stipulates that the employer shall bear the burden of proof when determining whether there is a de facto employment relationship between the parties. More specifically, it stipulates five methods for determining labor relationship certificates:
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 identity; (3) Recruitment records such as the "registration form" and "registration form" filled in by the employee; (4) Attendance records; (5) Testimony of other workers, etc. The employer bears the burden of proof for items (1), (3) and (4), and the employee shall provide evidence for the rest, and only one of the five items can be proved. If a dispute arises between the employee and the employer over the existence of an employment relationship, the employee may apply to the labor dispute arbitration commission with jurisdiction for arbitration.
These provisions fully illustrate that enterprises (employers) have an unshirkable burden of proof in determining the employment relationship.
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1. The personnel responsible for the investigation of work-related injury insurance will generally take photos, record recordings and sign;
2. If there is no photographing, recording and no one dares to sign, you can ask the staff of the notary office to testify. (However, it costs money to ask a notary public);
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This transcript has no probative force. Get help from a lawyer!
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What should I do if I am injured at work and apply for a work-related injury determination, but there is no witness testimony? If there is no one to prove it, it is really difficult to determine, but it depends on the nature of your work, whether it is just your own operation, if it is difficult to define, you can apply to the labor arbitration agency for identification.
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Don't work in the company, get hurt. There is no witness testimony in the application for work-related injury determination. If there is no witness testimony.
It is also possible to make a work-related injury determination based on the actual circumstances of being rescued after being injured. It is not that a work-related injury cannot be determined without witness testimony. As long as it's a fact, getting injured while at work is fine.
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You were injured at work and applied for a work-related injury determination, and there was no witness testimony. You can. Ask the company to keep the site. Timely request the company's leaders to the scene to record the situation at that time. And take a picture of your injuries as evidence. I also apply for a work-related injury determination.
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First, within 48 hours, because of the injury, although there is no witness testimony, as long as there is the scene of the injury, there is ** or camera, and all the information of the regular tertiary hospital** can apply for a work-related injury.
Second, there are traces of attendance or punch card machines during working hours. Evidence of your work is fine.
Third, if a work-related injury is identified, the wages, benefits, leave, and compensation losses are all handled according to the work-related injury appraisal results.
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If you are injured at work in the company, you can apply for the surveillance video at the time if you do not have a witness testimony for the new application for work-related injury determination, which can also prove that you were injured in the company.
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Then you can only find witnesses, or find surveillance footage, and all the evidence that can prove to you that you are injured at work, and you can't handle it without evidence.
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If you apply for a work-related injury determination while working at the company and there is no witness testimony, then you can have other monitoring as evidence. I didn't leave my job during working hours, but you have facts to prove it.
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There is no way to apply for a work-related injury determination without a witness testimony when you work in the company, so be sure to ask the company to help you solve this problem and see which worker can help you write a witness statement.
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You can go to the scene of the injury to find evidence to prove that you were injured at work, especially whether there are cameras. If there is a camera nearby, it will be easy to do, and the scene will be clear at a glance.
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If there is a scene camera, it can also be used as evidence, and if there is no one to prove it, and testimony, it will be difficult for your work-related injury application to be accepted.
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What should I do if I am injured at work and apply for a work-related injury determination, but there is no witness testimony? It is also possible to speak on the basis of facts without witness testimony, and if it can be confirmed that you were indeed working at the time of the injury, this is also okay.
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If you work in a company and you apply for a work-related injury without witness testimony, then it cannot be recognized as a work-related injury, and you may have been injured somewhere else.
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If you are injured while working in the company and do not have witness testimony, it should be treated as a work-related injury, and at least there is a determination of the time you have been at work.
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As long as an accident occurs in the company's workplace and causes an injury, it will be recognized as a work-related injury in the law, and it is not necessary to have witness testimony.
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What should I do if I work in a company and apply for work-related injury determination without witness testimony? This is troublesome, there are no witnesses, no labor contract, statutory contract, no evidence, this work-related injury application is not easy to identify, with evidence can be identified!
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What should I do if you are injured at work in the company and apply for a work-related injury determination without witness testimony? The application for work-related injury is applied for by the safety department of the unit, not by you personally, because your industrial and commercial security department handles it for you.
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Nowadays, companies generally have monitoring, and you can adjust the monitoring to see. If not, see if your colleagues can testify against you. Because you pass by a lot of people every day, you may meet good people who will testify to you.
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I work in the company, and I apply for a work-related injury determination without proof of ban, what should I do? Well, if you don't have it, you can go to your factory to check the monitoring, they can't have it.
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What should I do if I am injured at work and apply for a work-related injury determination, but there is no witness testimony? Apply for work-related injury, as long as the company has no one to take care of when you are injured at the time? Didn't go to the hospital?
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It can be seen that there is no requirement for "witness testimony". Let's take a look at the Measures for the Determination of Work-related Injuries, Article 5 stipulates that when applying for work-related injury determination, the application form for work-related injury determination shall be filled in and the following materials shall be submitted: (1) A copy of the text of the labor contract.
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Is there any surveillance for injuries you get injured at work? How can there be no witness testimony, and without Zhengyuan, the company will reimburse you, because you work there.
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What should I do if I am injured at work and apply for a work-related injury determination, but there is no witness testimony? This is a difficult problem. Who proves that you were injured at work? So the witness witness is critical.
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Then it will be difficult for you to be certified as a work-related injury.
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You can continue to look for it, or you can provide evidence, it should be possible to find it.
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Legal Analysis] The reason for the record is that the labor and social security administrative department is investigating and verifying the accident injury. Whether the declaration is successful depends on whether the materials are complete. The scope of work-related injuries is the premise for the determination of work-related injuries, and is generally directly stipulated by law.
The provisions of work-related injury insurance laws and international labor conventions on the scope of work-related injuries in various countries and regions mainly adopt the following legislative models: general legislative model, enumerated legislative model, and mixed legislative model. The determination of work-related injury is an administrative confirmation act by the labor administrative department in accordance with the authorization of the law to determine whether the injury (or occupational disease) of an employee in Lacha due to an accident is a work-related injury or is regarded as a work-related injury.
A qualitative act of a worker who causes an infringement to a person due to improper operation or other reasons in the course of work or deemed work, and conducts a qualitative act in order to identify the subject of the infringement. According to the relevant regulations of our country, it is generally confirmed by the labor administrative department.
Legal basis] 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) 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) Injured or unaccounted for in an accident during the period when the bureau was out for dismantling; (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.
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Summary. Hello dear and happy to answer for you. The work-related injury has been reported to the Social Security Bureau and asked to make a record, and if I can't go, I can let the injured employee or his close relatives go to replace it.
You can directly apply to the social insurance administrative department of the coordinating area where the employer is located for work-related injury determination, and it is okay if you are not present.
Hello dear and happy to answer for you. If the hail demolition work-related injury has been reported to the Social Security Bureau, let me make a record, and if I can't go, I can let the injured employee or his close relatives go to Dai Que Zao to replace him. It is possible to apply directly to the social insurance administrative department of the co-ordinating area where the employer is located to apply for the determination of work-related injury, and it is okay if the person is not present.
Legal basis] According to Article 17 of the Regulations on Work-related Injury Insurance, if an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease, submit an application for work-related injury recognition to the administrative department of social search and insurance in the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance 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, his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or determination of occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the area where the employer is located.
Is it possible to go later.
Yes, but you need to apply with the relevant staff and explain the reason for the delay.
Does delaying go make a difference.
It won't have any impact on the pro.
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Summary. Dear, I'm glad to answer for you, what should I do if the work-related injury application is determined to be a bad witness record? If an applicant applies for a determination of work-related injury, but there is no witness testimony, the applicant may submit other evidence that can be found to be a work-related injury in accordance with law.
If there is a certificate stamped by the unit, or there is other evidence to prove it, it can still be recognized as a work-related injury.
Dear, I'm glad to answer for you, what should I do if the work-related injury application is determined to be a bad witness record? If an applicant applies for a determination of work-related injury, but there is no witness testimony, the applicant may submit other evidence that can be found to be a work-related injury in accordance with law. If there is a seal of the unit to prove that the socks are defective, or if the sue has other evidence to prove it, Huai's can still be recognized as a work-related injury.
The social insurance administrative department may make a decision on the determination of work-related injury in accordance with law on the basis of the evidence provided by the injured employee or the evidence obtained through investigation.
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It is recommended to negotiate with the unit. Negotiable. This case was primarily caused by your improper request for arbitration.
The appraisal of work-related injuries is mainly to identify whether the worker's working ability has been damaged due to work-related reasons and the extent of the damage. After the appraisal, a rating will be made, and the first to fourth level is all SAN incapacity; Grades 5 to 6 are the majority of SANs who are incapacitated; Grades 7 to 10 are partially incapacitated. The determination of disability benefits and the placement of injured workers are mainly based on the assessed disability level.
Negotiable. This case was primarily caused by your improper request for arbitration. The appraisal of work-related injuries is mainly to identify whether the worker's working ability has been damaged due to work-related reasons and the extent of the damage.
After the appraisal, the clan cave will make a rating, and the first level to the fourth level of the absolute spike tour is the labor ability of all the people who have lost and sold them; Grades 5 to 6 are the majority of SANs who are incapacitated; Grades 7 to 10 are partially incapacitated. The determination of disability benefits and the placement of injured workers are mainly based on the assessed disability level.
I have applied to the Social Security Bureau for the work-related injury to ask me to make a record, but I can't go because my body has not recovered, can I delay going?
Does delaying go make a difference.
Dear, it is possible to delay going without impact.
You have to wait for the notice of the Social Security Bureau or go by yourself.
Dear, go yourself.
It doesn't matter if you haven't reported it before?
Dear, there is no impact.
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In the determination of work-related injuries, the labor bureau investigates whether or not to make a record of the witness, depending on the specific circumstances, and if the labor department deems it necessary, it may notify the witness to make a record in the past.
What are the steps to go through to determine a work-related injury?
1. Report work-related accidents.
1) The enterprise shall submit a work-related injury report to the administrative department of labor and social security within 15 days from the date of occurrence of the work-related injury or the date of diagnosis.
2) Employees injured at work or their relatives shall, within 15 days from the date of occurrence of the work-related injury or the date of diagnosis of the occupational disease, submit an application for work-related injury insurance benefits to the local labor and social security administrative department; In case of special circumstances, the application period can be extended to 30 days.
3) If the injured employee or his family members are not likely to apply for work-related injury insurance benefits, the trade union organization of the enterprise may submit the application on behalf of the employee.
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I will definitely ask how to handle it for you without asking people??
Especially for women, because the legal retirement age for women is 50 years old and 55 years old. If a woman retires at the age of 50, assuming that she has already joined the workforce at the age of 20, in fact, 50 retirements are only 30 years of service. So even if you retire at the age of 55, you will actually only have 35 years of service, and most women can reach 35 years of service.