Introductory remarks:Even migrant workers can apply for recognition of work-related injuries as long as they meet the basic conditions for work-related injuries.
In China, whether it can be recognized as a work-related injury requires two conditionsThe first is that there is an employment relationship between the employee and the employer, and the second is that the employee has an accidental injury that can be applied for work-related injury. The so-called migrant workers are simply understood as migrant workers with household registration in rural areas. From the perspective of work-related injury recognition, even migrant workers, as long as they meet the basic conditions for work-related injuries, can apply for work-related injury recognition and enjoy work-related injury benefits.
First of all, the most direct evidence to prove the employment relationship is the employment contract. Migrant workers are engaged in many occupations, and according to the provisions of the Labor Contract Law, a written labor contract shall be concluded to establish a labor relationship. The employer shall be deemed to have established an employment relationship with the employee from the date of employment. In some cases, although the migrant worker has not entered into an employment contract with the employer, it can also be deemed to have an employment relationship as long as the conditions for a de facto employment relationship are met. The employment relationship shall be established if the employer recruits a worker without a written labor contract, but at the same time meets the following circumstances:
1) The employer and the employee meet the subject qualifications stipulated by laws and regulations;
2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;
3) The labor provided by the employee is an integral part of the employer's business.
The existence of an employment relationship because of a labor contract, or the existence of an employment relationship because of a de facto labor relationship, is objectively possessed by many migrant workers, even if they are migrant workers on the construction site.
Secondly, migrant workers had work-related accidents. These aspects such as:
1) The person is injured in an accident during working hours and in the workplace due to work-related reasons;
2) He or she is injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;
3) Accidental injuries such as violence during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases, etc.
In practice, one of the more difficult aspects of protecting the rights of migrant workers is the determination of work-related injuries, and since there is no labor contract, it is also necessary to confirm the labor relationship. Then there is a subsequent work-related injury identification, labor ability appraisal, etc., which will consume a lot of time and energy of the injured person, so it is recommended that you can consider the intervention of a work-related injury lawyer and wait for compensation.
Guohui Injury Lawyer reminds you
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