It is necessary to determine the labor relationship before the identification of work-related injury. In reality, applying for the identification of work-related injury requires certain conditions. The most fundamental condition is that there must be a labor relationship, which is also the premise for the identification of work-related injury. In many places, the department for the identification of work-related injury requires the identification of labor relationship before the identification of work-related injury.
 List of contents of this article:
 1. Whether the labor relationship should be confirmed first in the determination of work-related injury.
 Do you confirm the labor relationship first for the determination of work-related injury
 It is necessary to determine the labor relationship before the identification of work-related injury. In reality, applying for the identification of work-related injury requires certain conditions. The most fundamental condition is that there must be a labor relationship, which is also the premise for the identification of work-related injury. In many places, the department for the identification of work-related injury requires the identification of labor relationship before the identification of work-related injury.
 The Regulation on Work related Injury Insurance is a specific specification for dealing with the compensation for work-related injuries of workers. According to the Regulations, enterprises, institutions, social organizations, private non enterprise units, foundations, law firms, accounting firms and other organizations within the territory of China, as well as individual businesses with employees (hereinafter referred to as "employers") shall participate in processing injury insurance in accordance with the provisions of these Regulations, and pay work-related injury insurance premiums for all employees or employees of the unit (hereinafter referred to as "employees"). Employees of employers and self-employed industrial and commercial households have the right to enjoy work-related injury insurance benefits in accordance with the regulations. Therefore, employee identity is a prerequisite for the identification of work-related injury and the enjoyment of work-related injury treatment, and employee identity is mainly reflected in labor relations. If the laborer and the employer are not labor relations and have not been identified as labor relations, they cannot apply the provisions of the Regulations to claim compensation. The Measures for the Determination of Work related Injury stipulates the procedure for the determination of work related injury: when applying for the determination of work related injury, employees shall submit "evidentiary materials for the existence of labor relationship (factual labor relationship) with the employer". Therefore, only labor relations can be applied for identification of work-related injuries, otherwise it will not be recognized.
 Injuries not caused by work during working hours and in the workplace
 According to Article 14 (1) of the Regulations on Industrial Injury Insurance, in working hours and workplaces, injuries caused by accidents due to work should be recognized as industrial injuries, which is the so-called "three workers".
 The core factor in the "three jobs" is "work reason", which is a sufficient condition to constitute work-related injuries. "workplace" and "working hours" are more auxiliary factors to prove the work reason, and also play a reinforcing role in the work reason. According to the judicial interpretation of the Supreme Court, if the employer or the social insurance administrative department has no evidence to prove that the injury is caused by non work reasons during working hours and in the workplace, it is presumed to be caused by work, and it can also be identified as work-related injury.
 Of course, if the employer has evidence to prove that the injury to employees during working hours and in the workplace is not due to work reasons, it cannot be considered as work-related injury.
 The injured employee must have a labor relationship with the employer (signing a labor contract or having a de facto labor relationship).
 According to the provisions of the Notice of the Ministry of Labor and Social Security on Matters Related to the Establishment of Labor Relations, the employer can refer to the following vouchers when determining whether there is a labor relationship between the two parties without signing a labor contract with the worker:
 1. Salary payment certificate or record (payroll of employees), record of payment of various insurance premiums;
 2. The work card, service card and other certificates issued by the employer to the workers that can prove their identity;
 3. Employment records such as recruitment registration form and application form of the employer filled by the laborer;
 4. Attendance records;
 5. Testimony of other workers, etc.
 The employer shall bear the burden of proof for the relevant vouchers in Items 1, 3, 4 and 4. If a dispute arises between a worker and an employer over whether there is a labor relationship, they may apply to the labor dispute arbitration committee with jurisdiction for arbitration.
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