If I don't sign an employment contract, can't I claim compensation for a work-related injury?
Not. If the employee can provide relevant evidence to prove the existence of a de facto employment relationship between himself and the employer, and the local human resources and social security bureau determines that it is indeed a work-related injury, he or she can claim work-related injury compensation. If the employer fails to pay the work-related injury insurance, it may directly claim the payment of the relevant work-related injury compensation from the employer.
If the employer refuses to compensate, how can it protect its rights?
Even if the employer has not paid work-related injury insurance to the employee and the employer is unable to pay or refuses to pay the work-related injury compensation, the worker or his close relatives may apply in writing to the social insurance agency with the work-related injury determination decision and relevant materials to directly obtain the work-related injury benefits from the work-related injury fund.
Tips: If a work-related injury occurs without signing a labor contract, the employee can provide work certificates, salary schedules, work permits, registration forms and other relevant materials to prove the existence of a de facto labor relationship with the employer, and apply for recognition of work-related injuries in accordance with the law. If the employer does not apply for a work-related injury determination, the employee may also apply for a work-related injury determination by himself, but it should be noted that the application should be made within one year from the date of the accident.
Links to the law:
Article 62 of the Regulations on Work-related Injury Insurance If an employee of an employer who should participate in work-related injury insurance but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Articles.
Article 6 of the Interim Measures for Advance Payment of Social Insurance Funds Article 6 If an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall take measures to provide timely treatment and pay the expenses in accordance with the prescribed work-related injury insurance benefits and standards.
Broadcast Production: Guo Lan
Article source: original · Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Zixin
First trial: Hao Zili
Re-examiner: Zhong Xiao
Final review: Zhao Yingmin
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