In reality, some workers are unable to hire a lawyer due to financial difficulties** to sue for work-related injuries, but they may still be able to fight for work-related injury compensation by defending their rights on their own. Some of these workers have a certain understanding of the legal texts and are able to enhance their legal knowledge through the guidance of others and law books. As long as they defend their rights in accordance with normal legal procedures and prepare sufficient evidence and materials, they may successfully win the work-related injury lawsuit and obtain the compensation they deserve.
However, there are also certain risks and challenges associated with self-protection, such as complex legal procedures, insufficient evidence, and rebuttals by the other party. Therefore, it is recommended that these workers should understand the relevant legal knowledge and procedures as much as possible before defending their rights on their own, and seek professional guidance and assistance if necessary to ensure the legitimacy and effectiveness of the rights protection process. At the same time, workers should also pay attention to protecting their rights and interests to avoid unnecessary losses due to lack of legal knowledge and experience.
1. In the battle to protect the rights and interests of workers' work-related injuries, evidence comes first and wisdom wins
1) As an employee, after a work-related injury, we should first retain evidence, which is very important to us. We all know that evidence is needed to fight a lawsuit, and evidence can win a lawsuit; Without evidence, it will be quite difficult to win the case.
2) What kind of evidence? For example, the work-related injury certificate issued by the employer, the ** recorded chat record with the boss or the recorded chat record with the relevant person in charge, etc., with the corresponding evidence to confirm that you are a work-related injury, it can be used as a prerequisite for you to win the work-related injury lawsuit.
3) After you have the evidence, you can analyze the approximate amount of money you can get for the level of work-related injury, negotiate with the boss after making the analysis, and negotiate if the negotiation is successful, and if the negotiation fails, the legal procedure will be carried out.
2. The road to rights protection after the confirmation of the labor relationship
1) The first step in entering the legal procedure is to confirm whether there is a labor contract, and the formal employee needs to have a labor contract, and in the absence of a labor contract, it is necessary to apply for labor arbitration to confirm the labor relationship. How to confirm this fact? You can use the salary flow of the usual employer to pay you wages, as well as the chat records or attendance sheets in the unit group, etc., which can be used as evidence to confirm your employment relationship.
2) After confirming the labor relationship, the relevant agency will state the existence of a de facto labor relationship between you and the employer on the effective legal documents, and then submit the corresponding legal documents to the Industrial and Commercial Division, which will issue a decision to determine the work-related injury after review.
3) After you get the work-related injury decision, you can apply for work-related injury appraisal, and after the appraisal is completed, you will be issued an appraisal notice, which will indicate your injury level, according to this level, you can find a professional legal person to calculate the specific amount of compensation, and wait for your work-related injury decision and appraisal notice to take effect, you can apply to the labor dispute arbitration commission for work-related injury compensation.
4) In reality, as long as the appraisal is completed and the labor arbitration is applied, in many cases there will be mediation, and many employers are also willing to mediate, unless some employers are unwilling to lose money or the loss is very low, then we can directly let the arbitration commission hear it, and the award will be issued after the trial, and then we will take the effective award and ask the employer to pay work-related injury compensation.
In addition to the specific procedures mentioned above, workers should also strengthen their own safety awareness to prevent the occurrence of industrial accidents. In the workplace, comply with safety regulations, use protective equipment correctly, and report potential safety hazards in a timely manner. By increasing their awareness of self-protection, workers can reduce the risk of work-related injuries and create a safer working environment for themselves.
In short, as workers, we should remain calm and rational in dealing with work-related injuries after encountering them. Let's work together to create a fairer and safer working environment for ourselves and our fellow citizens by preserving key evidence, understanding the work-related injury determination process, seeking advice from legal professionals, skillfully using mediation and negotiation skills, and strengthening our sense of self-protection.
Lawyer Gu Jixian, a full-time lawyer at Jiangsu Yingzhizhi Law Firm, has the dual professional qualifications of senior corporate compliance officer 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.