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Is it a work-related injury if you don't sign a labor contract with the employer during your work?
According to the relevant provisions of Chapter III of the Regulations on Industrial Injury Insurance:
Fourteenth employees in any of the following circumstances, should be identified as work-related injuries:
1, injured by accidents due to work during working hours and workplaces;
2, before and after working hours in the workplace, engaged in work-related preparations or finishing work by accident;
3. Being injured by violence and other accidents during working hours and workplaces due to the performance of duties;
4. Suffering from occupational diseases;
5. When going out to work, he is injured due to work reasons or the whereabouts of an accident are unknown;
6. Being injured by a traffic accident that is not my main responsibility or an urban rail transit, passenger ferry or train accident on the way to and from work;
7. Other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.
Extended data
Case:
2013165438+125 October, Ma Peng started to work in a cotton company in Shaya, but a cotton company in Shaya did not sign a written labor contract with Ma Peng.
20 14 1.5, Ma Peng worked night shift in a cotton company in Shaya, and the ring finger of his right hand was cut off by a baler. Ma Peng was sent to hospital for treatment and stayed in hospital for 8 days.
During Ma Peng's hospitalization, a cotton company in Shaya didn't send someone to take care of him. After Ma Peng had an accident at work, a cotton company in Shaya stopped paying Ma Peng's salary and only lent Ma Peng 1000 yuan for living expenses.
A cotton company in Shaya failed to pay work-related injury insurance premiums and other social insurance premiums to Ma Peng, nor did it participate in work-related injury insurance for Ma Peng.
The court held through trial that Ma Peng, as an employee of a cotton company in Shaya, was entitled to work-related injury insurance according to law because of an accident at work.
A cotton company in Shaya did not participate in industrial injury insurance according to the Regulations on Industrial Injury Insurance, and Ma Peng did not participate in industrial injury insurance. As an employee of a cotton company in Shaya, Ma Peng suffered work-related injuries. According to the law, a cotton company in Shaya should pay the fees according to the treatment items and standards of work-related injury insurance stipulated in the Regulations on Work-related Injury Insurance.
Dissolve the labor relationship between a cotton company in Shaya and according to law, and a cotton company in Shaya pays 9 1549 yuan for work-related injury insurance benefits such as one-time disability subsidy, one-time disability employment subsidy, one-time medical subsidy, treatment during shutdown with pay, appraisal fee, transportation fee, nursing fee and hospitalization food subsidy.
If the written labor contract is not signed, the company pays double salary of 3,639 yuan, and the company pays the social insurance premium of 2065,438+125 October to 24 February 2004 to the social insurance agency according to the national regulations. The payment amount is subject to the accounting of the social insurance agency.
Deduct Ma Peng's loan 1000 yuan when paying the fee.
Phoenix Information —— Do companies with work-related injuries without labor contracts need to pay double wages?
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