After seeing the article written by lawyer Gu Jixian before, many workers kept consulting, how do we keep the evidence of work-related injuries, today lawyer Gu Jixian will tell you about it, it is very important, as the saying goes, a lawsuit is evidence, and evidence runs through the entire litigation process.
1. If the employer is unwilling to apply for a work-related injury determination for you, how should we retain the evidence?
1) As an employee, if a work-related accident occurs at work, if the employer has paid social insurance for you, he may help you apply for work-related injury recognition, in this case, you do not need to prepare the corresponding evidence by yourself, because the employer recognizes that you were injured at work, and he will admit and provide the corresponding evidence to submit to the relevant department for work-related injury determination for you to identify the work-related injury.
2) If the employer does not pay social insurance for you in accordance with the law, in this case, of course, he is not willing to apply for a work-related injury recognition for you, because he has applied for a work-related injury determination, once the appraisal is made, the final compensation will be paid by the employer, so when he does not go, you can apply for the recognition of work-related injury by yourself.
AsLaborersWhen youEncounteredThe boss is not willing to leave for you to get injured at workThis situationtimesHow is the evidence provided? Lawyer Gu Jixian tells you that in this case, you need to remember to go to the hospital in time after a work injury, for example, you can be hospitalized after a work injury, if you fall on the day of hospitalization, you need to take a photo to check whether there is a fracture, and you also need to take a photo when you are discharged from the hospital. The doctor recommends a re-examination once in half a month, keep it**, these ** can directly prove whether the injury caused the body fracture, if your body is fractured, then before hospitalization, discharge or re-examination, these ** will definitely be able to see your fracture, and the injury will be fixed. Not only do you need evidence of the severity of your injury, but you also need to prove whether or not you broke a bone.
(4) On the other hand, we need to have evidence that you were injured at work. How to prove on the work certificate that you were hospitalized because of a work-related injury, and ask the employer to pay your medical expenses, you need to keep the corresponding evidence. For example, if you are injured and no one takes care of you, you can ask the boss to arrange someone to take care of you.
For example, call your boss and tell him that he was injured at work, that the injury was so severe that he couldn't get out of bed, and that my family wasn't local and couldn't take care of me. Ask the boss to arrange for someone to buy you food and take care of your daily life, the boss sees that you are seriously injured, basically he will arrange a person to take care of you or directly pay for a nurse. If you keep this evidence, the recording can basically show that you were injured at work, and you should also mention the topic of you being injured at work in the recording, and a casual conversation is a relatively complete evidence.
2. After the evidence is complete, whether we choose to negotiate with the boss to settle it later, or we will solve it through legal means in the future, it is foolproof.
1) Lawyer Gu Jixian suggests that after you are discharged from the hospital, it is best to find a professional to judge the specific situation of your fracture, assess the level of work-related injury according to the level of work-related injury, and ask a professional lawyer to calculate the compensation, so that you can roughly know how much compensation can be paid according to your situation, and when we negotiate with the employer in the later stage, as long as the amount of compensation is much the same, we can accept it, so that you can get the money as soon as possible without a lawsuit, which is a good choice for you.
2) If the boss is unwilling to negotiate with you, or feels that he can't accept the negotiation, he has been lowering your compensation amount, for example, according to the law, he may compensate you about 100,000 yuan, he will compensate you 20,000 yuan, up to about 20,000 yuan or up to about 30,000 yuan, if you don't want it, don't give it, whatever you do. In this case, lawyer Gu Jixian believes that there is no need to blindly lower yourself to negotiate with the employer, you need to resolve this matter through legal channels, and we have retained relevant evidence before this, after all, we just want what we deserve, and we do not need to be humble.
In the legal world, evidence is the key to winning or losing a lawsuit. Whether it's a labor dispute, a civil lawsuit, or a criminal case, evidence is crucial. Without sufficient evidence to support it, it is difficult for our claims to be accepted. Therefore, when preparing for a lawsuit, we must attach great importance to the collection and preservation of evidence. We need to dig deep into all kinds of evidence related to the case to ensure that our rights and interests are fully protected. At the same time, we need to understand the legitimacy and integrity of the evidence to ensure that it can be used to the greatest extent possible in court. In short, a lawsuit is a fight for evidence, let us meet every challenge with full preparation and firm confidence, so that justice can be served!
Jiangsu Yingzhizhi Law Firm is a full-time lawyer, with the dual professional qualifications of senior corporate compliance specialist and senior labor relations manager, focusing on corporate legal affairs such as work-related injury insurance treatment disputes, traffic accident handling, contract dispute resolution and labor dispute mediation, providing enterprises with comprehensive and high-level legal services. Always uphold the professional, meticulous and efficient service concept, and are committed to solving various legal problems for customers, protecting the legitimate rights and interests of enterprises, and helping enterprises develop steadily.