First of all, it should be made clear that the consent of the employer is not necessarily required to apply for a work-related injury determination. According to China's Regulations on Work-related Injury Insurance, employees have the right to apply for work-related injury recognition to the work-related injury insurance agency on their own. At the time of application, employees will need to provide relevant medical certificates and evidence to prove that their injury or illness occurred on the job.
However, in practice, many employers will require employees to obtain the consent of the employer before applying for work-related injury determination. This is mainly due to the fact that the employer, as an employer, has a certain responsibility for the working environment and safety of the employees. If an employee is injured or sick at work, the employer may be held liable. Therefore, it is common for the employer to conduct an investigation and verification first to ensure that the employee's injury or illness is indeed work-caused.
In addition, some units will also sign labor contracts or rules and regulations with employees to stipulate the determination of work-related injuries. These agreements usually specify the criteria and procedures for determining an accidental injury or occupational disease suffered by an employee at work. If an employee violates the contract or rules and regulations, the employer may refuse to recognize the employee as a work-related injury.
Employees who do not have an employment contract also have the right to apply for a work-related injury determination. According to the Regulations on Work-related Injury Insurance, employees are entitled to work-related injury insurance coverage as long as they suffer an accidental injury or occupational disease at work. Regardless of whether an employment contract has been signed or not, the employee can apply to the work-related injury insurance agency and provide relevant medical certificates and evidence.
In short, it is not necessary to obtain the consent of the employer to apply for a work-related injury determination, and the employee has the right to apply on his own. At the same time, even if there is no employment contract, employees are entitled to work-related injury insurance. When applying for a work-related injury determination, employees are required to provide relevant medical certificates and evidence to prove that their injury or illness occurred at work.