The company paid 100,000 yuan for the injury on the first day of work
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The reporter's investigation found that in recent years, similar cases and judgments are not uncommon.
"Trial work period", "job trial period", "no labor relationship established", "no regularization", etc. are not excuses to evade liability for work-related injury compensation.
It is recommended that employers purchase employer liability insurance during the "social insurance gap" to spread employment risks.
I did not sign a labor contract and fell and injured on the first day of work. Should the company compensate me?
This is a real case that happened not long ago in Xiangyin, Hunan.
In the end, the Xiangyin court ruled that the company should compensate the injured employees more than 100,000 yuan.
In this labor dispute case, is the employer wronged or not?
The reporter's investigation found that in recent years, similar cases and judgments are not uncommon.
On the whole, under the "inclined protection principle", my country's labor laws are more inclined to protect the interests of vulnerable workers and take into account the interests of employers.
On the first day of work, he fell into an eighth grade disability
It happened on June 9, 2021.
Lao Yang was invited to go to a local construction company to do modeling work.
He made an agreement with the company in advance that wages will be paid on a daily basis.
Unexpectedly, on the first day of work, he accidentally injured his right hand due to his feet slipping during the construction process.
After work-related injury identification, the injury constituted an eighth-grade disability.
Lao Yang felt very unlucky that his right hand, which he depended on for survival, was disabled.
After the incident, Lao Yang communicated with the company on compensation matters, but they failed to reach an agreement.
After submitting an application for labor arbitration to the Arbitration Commission, the Arbitration Commission ruled that the company should compensate Lao Yang 107,498 yuan.
Lao Yang refused to accept the ruling and appealed to the court.
The Xiangyin Court held that the employer has established a labor relationship with the employee from the date of employment.
Although Lao Yang did not sign a written labor contract, it did not affect the determination of the labor relationship between the two parties.
As for the confirmation of compensation standards for various work-related injuries, the court held that since Lao Yang was a temporary worker and was injured on the first day of work, he could not provide evidence to prove the average salary of the 12 months before the injury.
Therefore, the Arbitration Commission calculated the amount of work-related injury compensation based on the base amount of 4,931 yuan paid by the company for work-related injury insurance as Yang's salary, which complies with relevant regulations and should be recognized.
The court finally ruled that the company should pay Lao Yang a total of 107,498 yuan for work-related injury benefits.
The reporter learned that the judgment has now come into effect, and the company has paid the full amount to Lao Yang.
"Accident injuries suffered due to work reasons in the workplace during working hours should be recognized as work-related injuries and enjoy work-related injury benefits in accordance with the law." The judge handling the case said.
Similar cases and judgments are not uncommon
The reporter's investigation found that when faced with the unfortunate experience of laborers like Lao Yang, the courts often give preferential protection to laborers in accordance with the law on the premise of implementing the principles of fairness and justice.
The same incident happened in Hunan, and he was also injured on the first day of work.
Liu, who was engaged in the installation of exterior wall lamps in Tianxin District, Changsha, accidentally fell from a height while working and was injured. He was identified as a ninth-grade disability.
The company believes that Liu has just started working on his first day, and the two parties have not yet signed a labor contract, nor can they purchase work-related injury insurance, and there is no labor relationship between him and Liu.
However, after the trial, the court held that, as an employer, it is a statutory obligation for the company to pay work-related injury insurance for its employees.
Although Liu only worked for one day, it did not affect the determination of the labor relationship between the two parties.
In the end, the company was judged to compensate Liu more than 180,000 yuan.
Even if there is an accident on the road on the first day of work, it is still a work-related injury.
In 2017, Xiao Chen successfully applied for a job in an electronics factory in Kunshan.
There was a traffic accident on the way to report to the factory.
The electronics factory believes that on the day of the accident, Xiao Chen did not go through the entry procedures at the factory, nor did he sign a labor contract. He did not come to report, and the two parties have not yet established a labor relationship, so the factory has no obligation to help him pay.
However, the court finally determined that because the electronics factory did not pay social insurance for Xiao Chen, Xiao Chen suffered a work-related injury, and the corresponding work-related injury insurance benefits should be paid by the electronics factory.
In the end, the factory was sentenced to compensate Xiao Chen more than 110,000 yuan.
If you leave your job on the first day of employment and die on the way home, is it considered a work-related injury?
The answer is: yes.
It also happened in 2017: after Wang signed a labor contract with Yue company, he was sent to work in another company.
On the first day of employment, Wang proposed to resign and went through the resignation procedures.
Unexpectedly, in the afternoon of the same day, Wang was knocked down by a truck while riding an electric bicycle, and died on the same day after rescue efforts failed.
Wang was identified as a work-related injury by the Human Resources and Social Security Department.
The two companies appealed against the appeal.
The court held that the handover work completed by the employee on the day of resignation is also an integral part of his work, and his behavior of leaving the company to go home should be regarded as off-duty.
Moreover, the employee's application for resignation to the employer does not mean the termination of the labor relationship with the employer.
Timely payment of social security for employees is the key
"There are two common disputes in these cases: one is the establishment of the labor relationship between the two parties, and the other is the confirmation of various work-related injury compensation standards." Lu Shuai, a lawyer from Hunan Tiandiren Law Firm, analyzed.
Lu Shuai told reporters that regardless of whether the laborer is "the first day of work" or "has not become a regular worker", as long as the labor relationship is established according to the characteristics of the labor relationship, the labor relationship between the two has been established since the laborer provides labor for the employer. Establish.
In practice, in order to get to know each other and make choices, some companies set up periods such as "training period", "trial period" and "trial period" for new employees.
However, there are also non-compliant companies that use this to shirk their legal responsibilities for labor and employment, and do not pay social insurance.
Once an employee suffers a work-related injury during this period, the company will try to evade the liability for work-related injury compensation on the grounds of "not establishing a labor relationship" and "not becoming a full-time employee".
"In fact, the impact of the probationary period on workers is only reflected in the termination of labor contracts and wages, and has no impact on work-related injury benefits."
In addition, many companies will choose to pay social insurance after the employee becomes a full-time employee, or join the job in the current month and register for social insurance in the next month.
Lu Shuai believes that this approach will not only save the company much money, but may also bring unpredictable consequences.
"The Social Insurance Law stipulates that the employer shall apply to the social insurance agency for social insurance registration for its employees within 30 days from the date of employment. The operation of paying social insurance after becoming a regular is obviously illegal; the operation of entering the job in the current month and applying for social insurance in the next month seems to It does not violate the statutory time limit requirements, but as everyone knows, the 30-day limit is the longest grace period given by the law to the employer, and it is not the exemption period for non-payment of social insurance." Lu Shuai cited a real case: In October 2020, a company in Shanghai was due to tight construction schedules. , urgently recruited the operator Li, who formally entered the job after completing the formalities that night, but died suddenly after working for two hours.
Afterwards, the family asked the company to give a one-time compensation of 1.4 million yuan.
"This is a typical incident that reflects the 'social security gap period'." Lu Shuai suggested that during the "social security gap period", companies can purchase employer liability insurance to spread risks.
He also reminded workers that if the employer fails to pay work-related injury insurance in accordance with the law and refuses to pay work-related injury insurance benefits on the grounds that there is a dispute in the labor relationship between the two parties, the worker should prepare a work-related injury certificate, labor ability appraisal results, medical bills and proof that both parties exist. Evidence of employment facts, apply for arbitration to the Labor Arbitration Commission.
If you are dissatisfied with the arbitration award, you can bring a lawsuit to the court.