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How much is the compensation for work-related injury of employees who do not sign labor contracts?

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How much is the compensation for work-related injury of employees who do not sign labor contracts?


        

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  • 2024-06-10 09:00:48

    Workers who are injured at work, whether they sign a labor contract or not, need to apply for industrial injury appraisal before determining the compensation standard. The employer needs to pay one-time disability subsidies, one-time medical subsidies, medical expenses and rehabilitation expenses for treating work-related injuries, and labor capacity appraisal fees.

    List of contents of this article:

    1. How much is the compensation for work-related injury if the employee does not sign a labor contract? 2. How to claim compensation for work-related injury without labor contract? 3. What are the compensations for terminating the labor contract during the period of industrial injury

    How much is the compensation for work-related injury if the employee does not sign a labor contract?

    In accordance with Article 62 of the Regulations on Industrial Injury Insurance, if an employer fails to participate in the industrial injury insurance that should be covered by the regulations in accordance with the provisions of the Regulations on Industrial Injury Insurance without signing a labor contract, the social insurance administrative department shall order it to participate in the insurance within a time limit, make up for the industrial injury insurance premium that should be paid, and charge an overdue fine of 5% per day from the date of default; If it still fails to pay within the time limit, it shall be fined not less than one time but not more than three times the amount of arrears.

    If an employee of an employing unit who is required by law to participate in work-related injury insurance but fails to participate in work-related injury insurance suffers work-related injury, the employing unit shall pay the expenses in accordance with the items and standards of work-related injury insurance benefits prescribed in these Regulations. After the employer participates in the industrial injury insurance and makes up the payable industrial injury insurance premium and overdue fine, the newly incurred expenses shall be paid by the industrial injury insurance fund and the employer in accordance with the provisions of these Regulations.

    How to claim compensation for work-related injury without labor contract?

    For industrial accidents without a labor contract, first collect evidence that can prove the actual labor relationship and apply for identification of industrial injury. Only when there is a certificate of identification of industrial injury can employers be required to bear compensation liability.

    Regulations on Industrial Injury Insurance

    Article 18 The following materials shall be submitted when applying for recognition of work-related injuries:

    (1) Application form for identification of work-related injury;

    (2) Materials proving the existence of labor relationship (including factual labor relationship) with the employer;

    (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis appraisal certificate).

    The application form for determination of work-related injury shall include the basic information such as the time, place, cause of the accident and the degree of injury of employees.

    If the materials provided by the applicant for the determination of work-related injury are incomplete, the social insurance administrative department shall notify the applicant of all the materials that need to be supplemented and corrected in writing at one time. The social insurance administrative department shall accept the application after the applicant has supplemented and corrected the materials as required by the written notice.

    What are the compensations for terminating the labor contract during the period of industrial injury

    When the company cancels the labor contract during the period of work-related injury, except that the worker meets the provisions of Article 39 of the Labor Contract Law, the termination of the contract by the employer is illegal. Those who can demand the payment of twice the economic compensation for illegal termination of labor contracts, as well as the payment of work-related injury benefits.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

    l***

    2024-06-10 09:00:48

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