[Brief facts of the case].
In February 2022, after Zhang San joined the company, the company did not sign a labor contract with Zhang San and did not purchase social insurance for him. One afternoon, Zhang San was injured by an iron block in the process of going to work, and was diagnosed by the hospital: the second toe of the left foot was fractured near the phalangeal bone;Foot crush injury. From February 2022 to April 2022, Zhang San had several outpatient re-examinations in the hospital, and the doctor's advice required rest, and Zhang San's rest period lasted until May 2022. After the accident, Zhang San incurred a total of 2,000 yuan in medical expenses due to outpatient clinics and re-examinations. In September 2022, it was recognized as a work-related injury. On November 30, 2022, he was identified as a grade of disability and confirmed to be suspended for 76 days.
Case history] Zhang San has been in the company since 2019, then left at the end of 2021, and rejoined the company in February 2022. The company has not signed a labor contract with Zhang San or purchased social insurance for him, and the company has not signed a written labor contract with Zhang San after his employment, has not purchased social insurance, and the company has never used the public account to pay Zhang San's salary。 After that, the lawyer of the team applied to the arbitral tribunal for confirmation of the employment relationship through the WeChat group chat records and salary payment records. Later, he successfully helped Zhang San obtain work-related injury compensation of 850,000 yuan.
Legal Provisions and Case Outcomes].
According to Article 32 of the Regulations of Guangdong Province on Work-related Injury Insurance, if an employee is identified as a Grade 7 to Grade 10 disability due to work-related disability, a one-time disability subsidy shall be paid by the Work-related Injury Insurance**, and the standard is: Seven months' salary for Grade 10 disability;One-time medical subsidy for work-related injuries: one month's salary for grade 10 disability;One-time Disability Employment Grant: 4 months' salary for grade 10 disability.
Through the professional work of the team's lawyers, he successfully helped Zhang San confirm the labor relationship, and with the help of his teammates, he applied for work-related injury identification and labor ability appraisal, and then successfully won 850,000 yuan in workers' compensation.
Generally speaking, labor relations are the prerequisite for determining work-related injuries, but there are many companies that do not sign labor contracts with employees after joining the company, and many employees do not know what to do if they are injured at work. Some injured people who did not understand the law and did not consult a lawyer were casually dismissed by the company. In fact, there is a lot of evidence in the work that can prove the employment relationship. In addition, we must believe that professional things should be done by professional people, so that workers do not have to worry about it, and they will not be fooled by the company, and workers can protect their legitimate rights and interests through the law.