Can an injury constitute a work related injury?

The Regulations on Work-related Injury Insurance do not stipulate that the injury is not considered a work-related injury if the employee participates in the work by fraudulently participating in the work. Regardless of whether the real identity is used or the false identity is used, as long as the conditions for work-related injury are met, it is considered a work-related injury.

Legal basis: Article 14, if an employee has any of the following circumstances, it shall be recognized as a work-related injury:

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) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

1. It should be counted as a work-related injury. Although the injured person used a fake identity card to take up his job, it does not affect the de facto employment relationship between the injured person and the employer, and as long as he meets the criteria for work-related injury in accordance with the conditions stipulated in the Regulations on Work-related Injury Insurance, he can be judged as a work-related injury.

2. Since the employer will not purchase work-related injury insurance according to the true identity of the injured person, the work-related injury will not be compensated by work-related injury insurance.

3. The employer is responsible for giving the injured person economic compensation and subsequent living arrangements in accordance with the provisions of work-related injury insurance compensation.

Alas, in this case, the employer does suffer a loss, but the employer is also negligent in allowing the injured to use a false identity to apply for a job.

No, who taught you to do that, damn it.

How to divide the liability for work-related injuries.

Work-related injuries do not have a division of responsibility, they belong to work-related injuries, and timely apply for work-related injury identification and labor ability appraisal, and work-related injury compensation items include:

1) Treatment (medical) expenses.

2) Hospitalization meal subsidy.

3) Transportation expenses for medical treatment in other places, and accommodation expenses for the first meal.

4) **** fee.

5) Auxiliary leather utensils fee.

6) Wages for the period of suspension of work.

7) Living care expenses.

8) One-time disability allowance.

9) Disability allowance.

The specific amount needs to be determined according to the actual situation. Work-related injury compensation must go through three necessary stages: work-related injury identification, labor ability appraisal, and labor arbitration. Many migrant workers do not have labor contracts, work permits and other certificates, and often need to be recognized as labor relations.

After a work-related injury occurs, the worker should first determine whether it falls within the scope of the work-related injury. Seek evidence of the number of gestures to prove the existence of an employment relationship. The proof of labor relationship is a prerequisite for applying for work-related injury determination, and without the materials to prove the labor relationship, the labor and social security administrative department cannot carry out the work-related injury determination, and the evidence that can prove the labor relationship mainly includes labor contracts, work permits, employment certificates, wage slips, etc.

In the case of not participating in work-related injury insurance, the employer is the bearer of work-related injury insurance benefits; In the case of participating in work-related injury insurance, generally speaking, the employer should also bear part of the work-related injury insurance benefits.

1. What should I do if I am injured in the company by fraudulently using another person's identity to join the company?

The injured employee and the employer shall be jointly liable. If a worker fraudulently uses another person's identity to find employment and suffers an occupational injury, the employment contract established by Dingtong and the establishment is invalid, and it is a de facto labor relationship, and the de facto labor relationship must be confirmed before the work-related injury is determined. After confirming the de facto employment relationship, apply to the local social security bureau for work-related injury recognition in accordance with the procedures stipulated in Articles 17 and 18 of the Regulations on Work-related Injury Insurance.

If the work-related injury is determined and the injury is stabilized, if there is a disability that affects the ability to work, the employee shall apply to the local labor ability appraisal committee for labor ability appraisal in a timely manner. After the conclusion of the labor ability appraisal is obtained, you can apply for work-related injury insurance benefits. However, because the worker fraudulently uses another person's identity to find employment, even if he has paid social insurance premiums before, it is the other person who legally pays the premiums, and the work-related injury insurance** will not pay the expenses that should have been paid by the work-related injury insurance**.

Because the employee uses fraudulent means to make the employer conclude the labor contract against his true will, there is fault in itself, and the employee himself generally bears the primary responsibility, and the employer bears secondary responsibility because it fails to fulfill the obligation of review. If the employer and the injured employee use a false identity to defraud the work-related injury insurance** payment, once it is revealed, not only will the amount obtained by fraud be recovered, but also a fine of two to five times the amount of the fraud, and may be investigated for criminal liability for the crime of fraud. Article 26 of the Labor Contract Law stipulates that the following labor contracts are invalid or partially invalid:

1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions; Article 60 of the "Regulations on Work-related Injury Insurance" If an employer, an injured employee or his close relatives fraudulently obtains work-related injury insurance benefits, or a medical institution or an assistive device allocation institution fraudulently obtains work-related injury insurance expenditures, the social insurance administrative department shall order a refund and impose a fine of not less than 2 times but not more than 5 times the amount fraudulently obtained; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law. Article 266 of the Criminal Law of the People's Republic of China [Crime of Fraud] Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given. Where this Law provides otherwise, follow those provisions.

Identification of work-related injuries with real identity. Although an employee fraudulently uses another person's identity to establish an employment relationship with the employer, the occupational injury suffered is an objective fact, and it should be recognized as a work-related injury and the employee shall be compensated accordingly. If the employer is suspected of fraudulently using another person's ID card to enter the factory and causing the employer to conclude a labor contract against its true will, and the labor contract concluded is invalid, it shall apply for work-related injury determination and labor ability appraisal on the basis of a de facto labor relationship.

If the employer pays the work-related injury insurance premium, the insured person recorded by the social insurance institution is no longer among them, so the social insurance institution will not pay compensation to him. As a result, in judicial practice, an employee is at fault for fraudulently signing a labor contract with an employer in a fraudulent manner, but the employer is also at fault for failing to fulfill the necessary review obligations, and the legal consequences of the resulting error should be shared by both parties according to the proportion of fault. Some provinces and municipalities stipulate that the part borne by the injured employee shall be paid by the social insurance institution, and the part borne by the employer shall be paid by the employer; Some provinces and cities stipulate that work-related injury insurance** should pay part, and the employer shall also bear the part.

Honesty and credibility is the duty of a person, and it is not advisable for employees to fraudulently use others to apply for jobs. Zhejiang Provincial High People's Court Civil Trial Division No. 1 and Zhejiang Provincial Labor and Personnel Dispute Arbitration Court, Answers to Several Questions Concerning the Trial of Labor Dispute Cases (IV).

Ten. 2. If the worker signs a labor contract with the employer with a false identity, and the employer pays the work-related injury insurance according to the identity information provided by the employee, and then the worker has a work-related accident, should the employer bear the part of the work-related injury benefits paid by the work-related injury insurance**Answer: If the employee signs a labor contract with the employer with a false identity, and the employer pays the work-related injury insurance according to the identity information provided by the employee and there is no negligence or other fault, the employee shall bear the adverse consequences for his fraudulent behavior. Employers generally do not have to pay for the work-related injury benefits that should have been paid by work-related injury insurance**.

However, based on the fact that the employee already has a de facto employment relationship with the employer, the employer shall bear the part of the work-related injury insurance benefits that should be borne by the employer. Guidelines for the Adjudication of Cases of Work-related Injury Insurance Benefits by the Intermediate People's Court of Shenzhen Municipality (2015).

3. If the employer suffers social insurance losses due to the employee's fraudulent identity certificate, the employer shall bear the primary responsibility and the employer shall bear the secondary liability for the part of the work-related injury insurance benefits that the employee shall bear by the work-related injury insurance** as stipulated by laws and regulations, if the fraudulent employee has reached the age of 16 at the time of the work-related injury; If the fraudulent employee is under the age of 16 at the time of the work-related injury, the employer shall bear the primary responsibility, and the fraudulent employee shall bear the secondary liability. The employer is still responsible for the part of the work-related injury insurance benefits that should be borne by the employer according to laws and regulations, and the employee is not required to contribute to the work-related injury insurance benefits, but is still paid in full by the employer.

Generally speaking, there is no direct causal relationship between the occurrence of work-related accidents and the employee's fraudulent use of another person's identity, therefore, the employer should still bear the liability for work-related injury compensation, and if the employer has paid the work-related injury insurance for it in the fraudulent capacity, and there is no obvious fault in the recruitment process, the part that could have been paid by the work-related injury insurance** should be deducted from the work-related injury compensation. If the employer does not participate in the work-related injury insurance, the employer shall still bear the full amount of the work-related injury compensation. Article 8 of the Labor Contract Law provides that when an employer recruits a worker, it shall truthfully inform the employee of the work content, working conditions, place of work, occupational hazards, safety production status, labor remuneration, and other information required by the employee; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

As long as the employer has established an employment relationship with the employer, it will not affect the work-related injury benefits. Employers and social security authorities cannot refuse to pay their work-related injury insurance benefits on the grounds that they use fake ID cards.

According to the relevant provisions of the Regulations on Work-related Injury Insurance, employees have the right to enjoy work-related injury insurance benefits in accordance with the law. For the purposes of the Regulations, the term "employees" refers to workers who have an employment relationship (including a de facto employment relationship) with an employer in various forms of employment and for various employment periods. Therefore, although an employee uses a fake identity card (including impersonating another person's identity) to work at the employer, it cannot negate the employment relationship established between the employee and the employer, nor can it deny the employee's right to work-related injury insurance benefits as an employee of the employer.

If an employer purchases work-related injury insurance for the employee based on the employee's identity information, it may be determined that the employee and the social security institution have in fact established a work-related injury insurance relationship. Although the employer failed to discover that the employee used false identity information when he was hired, considering that the employer had purchased work-related injury insurance for the employee and fulfilled its duties as an employer, the work-related injury insurance relationship between the employee and the social security institution could not be denied because the employer failed to discover that the employee was impersonating another person's identity. Therefore, the labor and social security departments should not stick to the superficial form and mechanically understand the law, but should review the substantive labor relations, stabilize the labor security relations, and safeguard the legitimate rights and interests of workers.

If the work-related injury insurance cannot be claimed, the consequences shall be borne by the employee himself, and the employer may pay humanitarian compensation.