How to get compensation for an injury while working in a Chinese company

If both parties have not signed an employment contract and cannot prove that there is an employment relationship between them, it is not possible to claim compensation for a work-related injury.

Therefore, workers can only first find the relevant evidence and then apply to the Labor Arbitration Commission to confirm the existence of an employment relationship between the two parties and apply for recognition of an employment injury. Legal Basis: Article 14 of the Occupational Injury Insurance Regulations,

if an employee has any of the following circumstances, it is considered a work-related injury:

(1) during working hours and at the workplace, he was injured as a result of an accident for reasons related to work;

(2) at the workplace, before and after the working day, he is engaged in preparatory or final work related to work.

(3) During working hours and at the workplace, they have received accidental injuries due to the performance of their work duties;

(4) suffering from occupational diseases;

(5) While away from work, they were injured due to work-related reasons

(6) On the way to and from work, they were injured as a result of a traffic accident or an accident on a city rail transport, passenger ferry or train

(7) Other circumstances , which must be recognized as work-related injuries in accordance with laws and administrative regulations. Once a work-related injury claim has been filed, this may indirectly prove the existence of an employment relationship between the employing unit and the worker, as the work-related injury claim must contain evidence of an employment relationship with the employing unit.

The employer unit has not signed an employment contract with the employee, but the employee can refer to the following documents: salary certificates or records, records of payment of various social insurance contributions; documents issued to employees that can confirm their identity; visit records; other.

Legal Basis: Article 18 "Regulations on occupational injury insurance" To apply for recognition of occupational injury, the following materials must be submitted:

(1) an application form for recognition of occupational injury; (2) supporting evidence of an employment relationship (including actual employment relationship) with the hiring unit; (3) a medical diagnosis certificate or an occupational disease diagnosis certificate (or assessment of an occupational disease diagnosis).

The Work-Related Injury Identification Statement must contain basic information such as the time, place, cause of the accident, and the extent to which workers were injured. If the materials provided by the applicant for determination of work injury are incomplete, the administrative department of social insurance must inform the applicant for determination of work injury in writing of all materials that must be corrected immediately. After the applicant corrects the materials in accordance with the requirements of the written notice, the social insurance administrative department must accept them.