I was injured at work in the shipyard and did not sign an employment contract, what should I do

Finding wages and other evidence that can prove the employment relationship.

It is the same whether there is a contract or not, as long as you work, there will be a labor relationship.

If a person has a suspected work-related injury or occupational disease, he or she should request the employer to come forward to make a work-related injury determination, and if the employer ignores it, he or she can go to the labor bureau to appeal and make a work-related injury determination.

If a work-related injury is identified, the employer will be responsible even if the labor contract has not been signed.

Without a labor contract, except for part-time employment, it is illegal for the employer. However, if the work-related injury insurance premiums are not paid for the parties in accordance with the law, if the parties are identified as work-related injuries, the employer shall pay the work-related injury insurance benefits.

In accordance with the provisions of the Labor Contract Law of the People's Republic of China.

Article 10 A written labor contract shall be concluded for the establishment of labor relations.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 69 The parties to a part-time employment may enter into an oral agreement.

Workers engaged in part-time employment may conclude labor contracts with one or more employers; However, the employment contract concluded later shall not affect the performance of the employment contract concluded earlier.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

In accordance with the provisions of the Social Insurance Law of the People's Republic of China.

Article 33 Employees shall participate in work-related injury insurance, and the employer shall pay work-related injury insurance premiums, and employees shall not pay work-related injury insurance premiums.

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

Legal analysis: 1. If there is no labor contract signed, and it cannot be proved that there is an employment relationship between the employee and the employer, the employee is required to provide evidence of the hidden correspondence between the employee and the employer, such as witnesses, wage payment records, employment application forms, work clothes, work cards, call recordings, WeChat records and other evidence.

2. The company needs to apply to the Human Resources and Social Security Bureau for work-related injury recognition within one month of the accident, and if the company does not apply, the injured employee shall apply for work-related injury recognition within one year. Materials to be submitted: application form for work-related injury determination, proof of labor relationship with the employer, medical diagnosis certificate, etc.

3. After obtaining the work-related injury certificate, you can apply for labor ability appraisal, and after the labor ability appraisal level, you can negotiate compensation with the employer, and if the negotiation fails, you can apply for labor arbitration.

Legal basis: Notice on Matters Concerning the Establishment of Labor Relations Article 2 If the employer has not signed a labor contract with the employee, the following documents may be referred to when the department determines 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 employer's recruitment "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Legal Analysis: The factory was injured and did not sign the labor contract: 1. Confirm the labor relationship with the employer first; To confirm the labor relationship, the employee shall provide the labor relationship certificate (wage payment voucher or record, time card, worker certificate, work permit, service certificate, etc.), and go to the labor dispute arbitration department of the local labor bureau for arbitration.

2. Determination of work-related injuries in accordance with regulations. If the employer fails to pay work-related injury insurance, the employer shall bear all work-related injury compensation costs.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances: (1) he or she is 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 due to the performance of work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (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.

1. How to deal with injuries on the construction site without a labor contract

1. If a worker is injured in the process of working on the construction site and does not sign a labor contract, it shall be dealt with according to the following circumstances:

1) If an employment relationship is formed, the worker may apply for a work-related injury determination, and if it is determined to be a work-related injury, he or she can obtain work-related injury compensation;

2) If the employer has purchased work-related injury insurance, the work-related injury insurance** will compensate for it, and if it does not purchase work-related injury, the employer shall bear the liability for compensation;

3) If it is a labor relationship, the party receiving the service shall be liable for compensation.

2. Legal basis: Articles 17 and 62 of the Regulations of the People's Republic of China on Work-related Injury Insurance.

Article 1192 of the Civil Code of the People's Republic of China.

2. If you are injured at work at the construction site contracted by the contractor, who should you ask for compensation?

First of all, let's take a look at the situation of work-related injury identification

1. Being injured in an accident during working hours and in the workplace due to work 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;

4. Suffering from occupational diseases;

5. During the period of going out for work, the whereabouts of the accident are unknown due to work reasons or accidents;

6. Being injured in a motor vehicle accident on the way to and from work;

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

If you are injured at work at the construction site contracted by the contractor, who to claim compensation depends on the situation.

1. If you are injured while working on the construction site, you can first find the contractor to recover compensation.

2. If a third party (a person without employment relationship) is injured while working on the construction site, you can find a third party to recover, or you can find a contractor to recover. After the contractor compensates, he can find a third party to claim compensation.

Then, if the contractor does not have the corresponding qualifications or safety production conditions, the employer shall bear the corresponding joint and several liability for compensation. That is, to claim compensation from both the contractor and the employer.

Finally, if the negotiation with the parties fails, the relevant evidence can be collected and filed with the court to require the relevant persons to bear the liability for damages.

According to the Regulations on Work-related Injury Insurance, if a worker is injured in the course of working on the construction site and has not signed a labor contract, if a labor relationship is established, he or she can apply for work-related injury recognition and obtain work-related injury compensation; If the employer does not purchase work-related injury insurance, the employer shall be liable for compensation; If a labor relationship is established, compensation shall be made by the party receiving the service.

According to the Regulations on Work-related Injury Insurance, if there is evidence to prove that you are injured at work during working hours, it can be recognized as a work-related injury and you can enjoy work-related injury benefits; If the employer does not sign an employment contract within one month, the employee can claim severance payment of double wages. It is recommended to collect evidence materials in your favor in a timely manner, such as attendance records, work permits, pay stubs, business cards, access cards, leave forms, reward and punishment notices, reimbursement forms, etc., and first negotiate with the unit to identify the work-related injury, and if the unit does not agree, you can apply for the work-related injury determination by yourself. If the negotiation fails, you can entrust a local lawyer to apply for labor arbitration, and the work-related injury benefits shall be jointly borne by the work-related injury insurance** and the unit.

Among them, the ten benefits borne by the unit are:

1) Hospitalization meal subsidy. 70% of the food allowance standard for business trips of the employee's unit will be paid.

2) Transportation, accommodation and accommodation expenses for approved transfer to other places. Reimbursement shall be made according to the standard of work-related business trip of the employee's unit.

3) Wages and benefits and escorts during the period of suspension of work. 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; If care is needed, the unit to which they belong is responsible. During the period of suspension of work with pay, the employer shall not dissolve or terminate the employment relationship with the injured employee except in the circumstances prescribed by law.

4) Disability allowance. Employees with grade 5 to 6 disabilities who are difficult to arrange work will be given a monthly disability allowance: 70% of their salary for grade 5 disability and 60% of their salary for grade 6 disability.

If the wages of the incumbent employees of the employer increase, the disability allowance shall be increased by 70% or 60% of the average monthly increase in the wages of the incumbent employees of the employer.

5) The employer shall bear the cost of the examination of the injured employee during the appraisal of his or her working ability.

6) The expenses incurred by the suspected occupational disease patient during the period of diagnosis and medical observation shall be borne by the employer.

7) If an injured employee suffers a work-related injury abroad, the medical expenses shall be paid according to the same type of disease in China, and the employer shall bear the remaining part.

8) When dissolving or terminating the labor contract of an injured employee of grade 5 to 10, the employer shall pay a one-time employment and medical subsidy to the injured employee, and an additional 50% medical subsidy for occupational diseases.

9) The medical expenses of the injured employee shall be paid in advance by the employer.

10) For work-related injuries that occurred before January 1, 2007 and those diagnosed with occupational diseases, the work-related injury benefits shall still be borne by the employer.

Among them, 12 types of benefits are paid by work-related injury insurance**

medical expenses for work-related injuries; Disability allowance for employees with work-related injuries in grades 1 to 4; a one-time disability benefit; living care expenses; funeral grants; Dependent family pension; a one-time work-related death benefit; Labor ability appraisal fee for injured employees; Occupation ** fee; assistive device fees; Fees for determining the causal relationship between illness and work-related injury; Other expenses for work-related injury insurance as stipulated by laws and regulations.

If your doubts are solved, please praise and all the best!

The above is for reference only, not as the basis for the actual case processing, the specific situation is not clear online, do not ask, please entrust a local lawyer to deal with it, and handle the case without authorization at your own risk.

Only answer the local **, forgive the foreign parties, thank you.

If it is an employment relationship, you can apply for a work-related injury determination on your own, and if there is a disagreement or dispute with the employer on whether there is an employment relationship, you can choose to apply for labor arbitration to establish the employment relationship. In order to properly protect your rights, you should read the Social Insurance Law, the Regulations on Work-related Injury Insurance, and the implementation measures of the Work-related Injury Insurance Regulations of your province (municipality or autonomous region), as well as the corresponding judicial interpretations of the Supreme People's Court and the corresponding administrative regulations of the Ministry of Labor (Ministry of Human Resources and Social Security).

It is recommended that you entrust a lawyer or legal service worker**, and those who meet the requirements for legal aid may apply for legal aid. You can also call 12348 for legal questions.