legal analysis
according to the relevant laws and regulations, it is the right given by law for the employer to file an administrative lawsuit with the people's court if it refuses to accept the work-related injury determination decision of the Human Resources and Social Security Bureau. As workers with work-related injuries, they should cooperate with the Human Resources and Social Security Bureau, actively respond to the lawsuit, and respond to the employer's claims with facts and evidence. The work-related injury certificate is a legally binding decision made by the human resources and social security bureau when an employee applies for work-related injury certificate in the event of a work-related injury accident, according to the time, place and reason of the injury and the relevant provisions of the work-related injury certificate. Only when it is recognized as a work-related injury can you enjoy the compensation for work-related injuries. If industrial injury insurance is paid, the payment record shall be printed in the Human Resources and Social Security Bureau of the insured place, and at the same time, documents such as salary payment record, work permit and work clothes can be provided to prove the existence of factual labor relations. If the industrial injury insurance is not paid, the Human Resources and Social Security Bureau will inform the employees to apply to the Labor Dispute Arbitration Committee for labor arbitration to confirm the labor relationship at the time of application. When applying for labor arbitration, you can collect and provide work permits and work clothes with the company name, documents with the company seal that can be embodied as employees of the company, salary payment records, witness testimony, audio and video recordings and other materials as evidence to be submitted.
Legal basis
The following materials shall be submitted when applying for work-related injury identification according to Article 18 of the Regulations on Work-related Injury Insurance: (1) An application form for work-related injury identification; (two) the existence of labor relations (including factual labor relations) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate). The application form for work-related injury identification shall include the time, place and cause of the accident, as well as the degree of injury of employees and other basic information. If the materials provided by the applicant for work-related injury identification are incomplete, the administrative department of social insurance shall inform the applicant in writing of all the materials that need to be supplemented at one time. After the applicant has corrected the materials according to the written notification, the social insurance administrative department shall accept it.