When an individual applies for a work-related injury determination, he or she needs to fill in a witness statement. What should I do if the person present at the time does not want to write it?

When an individual applies for a work-related injury determination, he or she needs to fill in a witness statement. What should I do if the person present at the time does not want to write it?

He was not the only one present at the time. As long as he knew you were injured at the time, or Anyone who takes you to the hospital will do. You can also tell him that if an individual reports a work-related injury, the company will not know this information.

Certification process:

Before signing the agency contract

(1) Listen to the injured employee’s statement of the incident in detail, record the corresponding conversation, and request The signature of the client mainly records the following contents:

1. The identity of the injured employee;

2. The general situation of the employer (generally the name of the employer can be stated);

3. When the labor relationship was established, whether a labor contract was signed, and whether work-related injury insurance was applied for;

4. Job position and related responsibilities;

5. Wages and remuneration Training status;

6. Labor protection and related protective measures;

7. Time, place, cause, and injured part of the work-related injury accident;

8. Treatment process, hospitalization time, medical fee payment, employer’s attitude and opinions after the injury; 9. The injured employee’s family members and general situation;

10. The injured employee’s own requirements and expectations.

(2) Check relevant medical records and hospital certificates to see if the medical treatment has been completed and whether there has been any medical treatment.

(3) Go to the accident site for investigation and verification, and find out the following (if the distance is far, this should be done after completing the entrustment procedures):

1. Employer The name of the unit or the name and contact number of the person in charge of the project;

2. The start-up time of the unit refers to the start time and completion time of the project (should coincide with the injured employee’s first time at work and the time of injury) );

3. Litigation by the project contracting unit, so that the project payment can be temporarily withheld during future property preservation;

4. Get in touch with witnesses (workers) and leave their contact information, In order to make investigation records;

5. Carry out corresponding evidence preservation work when the following situations occur:

(1) The person in charge of the work order or the construction project clearly stated that he did not admit that the injured employee was The employee may be injured outside the employer or at the project construction site;

(2) The employer or the person in charge of the project construction may beat, intimidate, or expel the injured employee.

(4) Check carefully to determine whether to file a complaint with the labor inspection department or other departments or request them to host mediation.

(5) Others, such as checking whether it is more than one year since the date of the injury. If it is more than one year, the work-related injury determination will be overdue and the labor department will not accept the work-related injury determination.

2. When handling the agency contract:

(1) Inform them in detail of the specific matters that the lawyer can do in the investigation and arbitration proceedings;

( 2) The specific matters that the client should cooperate with the lawyer after handling the agency contract should be clarified;

(3) The client should be informed of the risks and related preventive measures in arbitration or litigation;

(4) Relevant entrustment documents, quality supervision cards, etc. should be served;

(5) For clients with low educational levels, the content of the entrustment contract and the lawyer's fee method should also be detailed Wait for relevant circumstances to avoid disputes after the agency;

(6) For risk agency or overpayment of agency fees, it should be confirmed in writing in the entrustment contract to avoid disagreements or disputes;

(7) For situations where the client returns to work and live abroad after special authorization or after completing the authorization procedures, the lawyer's agency permission rights and special authorization matters should be clearly stated in the agency contract.

3. Work-related injury determination procedure (you can also mediate with the other party before):

(1) Investigate the occurrence of the accident and fix relevant evidence, for some injuries that are easy to be lost or lost. Damaged evidence should be preserved in a timely manner, and investigation records should be made promptly for some witnesses who are highly mobile or have no fixed occupation.

(2) Make an "Application Form for Work Injury Determination" and fill in the "Application Form for Work Injury Determination".

(3) Submit the application form and applicant to the past department of the place where the work-related injury occurred, and provide the following materials:

1. A copy of the injured employee’s ID card and employment slip. Registration materials;

2. Photocopies of labor contracts or materials that can prove the existence or de facto labor relationship;

3. Medical records, diagnosis certificates, court records, etc. at the time of the accident Medical materials;

4. If the person is injured or killed in a motor vehicle accident, the accident determination certificate or other valid certificate from the traffic police department should be withheld.

(4) Contact the labor department promptly to see if additional materials are needed.

(5) Receive a work-related injury certificate or a notice of rejection.

If the labor department does not support the application for work-related injury identification, the following should be considered:

1. Whether it is for other reasons, follow other procedures;

2. Whether it is necessary to submit an application for re-certification or make a written report to the labor authority;

3. Whether administrative review or administrative litigation is required.

(2) Make an "Application Form for Appraisal of Working Ability" and fill in the "Appraisal Form for Employee Loss of Working Ability";

(3) Make an "Application Form for Appraisal of Self-Care Impairment";

(4) Submit relevant application forms and medical materials (including medical records, CT reports, etc.) to the labor department quickly;

(5) Receive a report on the level of labor ability or self-care impairment;

(6) Solicit the client’s opinion on whether to apply for re-appraisal.

5. Labor arbitration procedures:

(1) Prepare a "Request List for Work-related Injury Insurance Benefits";

(2) Contact the employer to see if mediation is possible;

(3) Submit the "Complaint" and evidence materials to the labor dispute arbitration;

(4) Prepare pre-trial materials and go to the Labor Arbitration Commission to review the files to understand the employer's defense opinions, etc. ;

(5) Participate in court hearings;

(6) Reconciliation or mediation after court. What should I do if there is no witness to testify about the work-related injury?

Collect other evidence to prove the occurrence of the work-related injury, otherwise it will be difficult to be found. Is it necessary for witnesses to testify when confirming a work-related injury?

No witnesses are needed. The employer thinks it is not the case. For work-related injuries, the unit shall provide evidence

Work-related Injury Insurance Regulations

Article 19 After the social insurance administrative department accepts the application for work-related injury identification, it may investigate and verify the accidental injuries according to audit needs. The employer, employee , trade union organizations, medical institutions and relevant departments should provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Control of Occupational Diseases. For those who have obtained occupational disease diagnosis certificates or occupational disease diagnosis appraisal certificates in accordance with the law, the social insurance administrative department will no longer conduct investigation and verification.

If the employee or his close relatives believe that the injury is a work-related injury, but the employer does not think it is a work-related injury, the employer shall bear the burden of proof. Can an individual apply for a work-related injury certification without a witness's testimony to be able to identify a work-related injury?

Witness testimony is only a kind of evidence. If you apply for a work-related injury certification without a witness's testimony, it can still be certified with the seal of the unit, or with other evidence. Confirmed as a work-related injury.

The "Measures for the Determination of Work-related Injuries" stipulates that if an employee is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Occupational Disease Prevention and Control Law, the unit where the employee works shall start from the date of the accident injury or the day the employee is diagnosed or identified as an occupational disease. Within 30 days, submit an application for work-related injury recognition to the coordinating regional labor and social security administrative department. If the employer fails to submit an application for work-related injury identification within the prescribed time limit, the injured employee or his immediate family members or the trade union organization may directly apply for compensation according to Article 3 of these Measures within one year from the date of the accident injury or the date of diagnosis or identification of an occupational disease. This article stipulates the application for work-related injury determination.

After an injury (death) accident occurs to an employee of the employer, if the employer fails to issue an accident report and apply for work-related injury recognition in accordance with regulations, the injured employee or his relatives can apply for insurance or apply for labor insurance in the place where the enterprise business license is registered. The Insurance Bureau files an application for work-related injury determination. At the same time, individuals applying for work-related injury identification must bring the following materials: a valid written labor contract or proof of factual labor relationship between the employee and the employer, the "Employee Work-Injury Determination Application", the employee's personal ID card and work permit (or work card), the employee or the employer Injury (death) accident information (truthfully describing the accident), relevant circumstantial evidence (such as eyewitness written testimonials, on-site records, photos, oral confession records, etc.), road traffic accident liability certification, permanent address proof, etc. (traffic accident), other materials required for identification of work-related injuries.

Procedures for work-related injury arbitration

(1) Prepare a "Request List for Work-related Injury Insurance Benefits";

(2) Contact the employer to see if mediation is possible;

(3) Submit the "Complaint" and evidence materials to the labor dispute arbitration;

(4) Prepare pre-trial materials and go to the Labor Arbitration Commission to review the files to understand the employer's defense opinions, etc.;

(5) Participate in court hearings;

(6) Reconciliation or mediation after court.

If an employee is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Occupational Disease Prevention and Control Law, the employer shall report to the labor and social security administration within 30 days from the date of the accident injury or the date of diagnosis or identification of an occupational disease. The department files an application for work-related injury recognition. Is it necessary for an individual to have witness testimony when applying for work-related injury determination? Is it necessary to have witness testimony for work-related injury determination?

In the process of work-related injury determination, witness testimony is not mandatory, and there is no legal basis for requiring the submission of witness testimony. Article 18 of the "Regulations on Work-related Injury Insurance" stipulates that when applying for work-related injury identification, the following materials must be submitted: (1) Work-related injury identification application form; (2) Documents proving the existence of a labor relationship (including de facto labor relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate). Article 5 of the "Measures for the Determination of Work-related Injury" stipulates: To apply for work-related injury identification, one must fill out the "Application Form for Work-related Injury Determination" and submit the following materials: (1) A copy of the labor contract or other valid proof of the establishment of a labor relationship; (2) Medical institution Post-injury diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis appraisal certificate) issued.

None of the above regulations require the submission of witness statements.

Is it necessary for an individual to provide witness testimony when applying for work-related injury recognition?

Within 30 days from the date of injury, the employer submitted an application for work-related injury recognition to the Labor Bureau, but the employer did not submit a work-related injury application within 30 days. If the injured person or his family is recognized as working, the injured person or his family member can submit an application for work-related injury recognition to the Labor Bureau within one year. Applications that exceed one year will no longer be accepted. The following materials should be submitted for work-related injury determination:

1. Application form for work-related injury determination (original); 2. Documents proving the existence of a labor relationship (including de facto labor relationship) between the employer and the employee; 3. Identity card of the injured person ; 4. Employer registration information (business license or organization code certificate) 5. Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate); 6. Initial medical records. The application form for work-related injury determination should include basic information such as the time, location, cause of the accident, and the extent of the employee's injury.

After receiving the above information, the Human Resources and Social Security Bureau will give you a list of materials you submitted (in duplicate); the Human Resources and Social Security Bureau will also give you a list after receiving the work-related injury determination application. Decision on acceptance of application for identification of work-related injury (in duplicate). If the Labor Bureau determines the injury as work-related, the Bureau of Human Resources and Social Security will issue a decision on identification of work-related injury (in quadruplicate). Can the testimony of a witness for identification of work-related injury be written on white paper?

Witness statements can be written on white paper.

The written certification materials provided by witnesses are documentary evidence. The law does not stipulate the paper on which the documentary evidence is written, but the documentary evidence will be filed, and the writing paper should meet the filing requirements. Documentary evidence can be written on white paper, and the size of the white paper should be basically the same as 4A.

"Regulations on Work-related Injury Insurance"

Article 19 After accepting the application for work-related injury identification, the social insurance administrative department may investigate and verify the accidental injuries according to audit needs. Employers, employees, trade unions Organizations, medical institutions and relevant departments should provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Control of Occupational Diseases. For those who have obtained occupational disease diagnosis certificates or occupational disease diagnosis appraisal certificates in accordance with the law, the social insurance administrative department will no longer conduct investigation and verification.

If the employee or his close relatives believe that the injury is a work-related injury, but the employer does not think it is a work-related injury, the employer shall bear the burden of proof.

"Civil Procedure Law"

Article 63 evidence includes:

(1) Statements of the parties;

(2) ) Documentary evidence;

(3) Physical evidence;

(4) Audio-visual materials;

(5) Electronic materials;

(6 ) Witness testimony;

(7) Expert opinion;

(8) Inspection records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 70 Original documents must be submitted. The original physical evidence must be submitted. If it is really difficult to submit original documents or items, you can submit copies, photos, duplicates, or excerpts.

Foreign documentation must be accompanied by a Chinese translation. What should I do if I cannot produce a witness statement for work-related injury determination?

Is it necessary to submit witness statements when applying for work-related injury determination? For work-related injuries that occurred in Hebei Province, especially in the Shijiazhuang area, when applying for work-related injury recognition, you will encounter the problem that the labor and social security administrative department requires the applicant to provide "witness testimony", otherwise, it will be very generous. You send a correction notice. It's really dumbfounding. Is "witness testimony" a must-submit material when applying for work-related injury determination? Let's first look at the "Regulations on Work-related Injury Insurance". Article 18 stipulates that when applying for work-related injury identification, the following materials must be submitted: (1) Work-related injury identification application form; (2) Proof of the existence of a labor relationship (including de facto labor relationship) with the employer. Materials; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis appraisal certificate). It can be seen that "witness testimony" is not required. Let’s look at the "Measures for the Determination of Work-related Injury". Article 5 stipulates: To apply for work-related injury determination, one must fill out the "Application Form for Work-related Injury Determination" and submit the following materials: (1) A copy of the labor contract or other valid proof of the establishment of a labor relationship; ( 2) Post-injury diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis appraisal certificate) issued by a medical institution. Likewise, there is no requirement for “witness testimony.” How did "witness testimony" become a required material when applying for work-related injury recognition in Shijiazhuang area? Once the above-mentioned legal basis is presented, the labor and social security departments in these areas are not speechless, but rather eloquent. They will confidently take out a self-made brochure called "One of the Publicity Materials for Work-related Injury Insurance in Shijiazhuang City".

Does local law require that "witness statements" be submitted? Among the materials that are clearly required to be submitted when applying for work-related injury determination in the "Promotional Materials", the item "Witness Testimony" is stated as follows: "Witness testimony issued by an on-site witness (with a photocopy of the witness's ID card and contact number attached) and "Other circumstantial evidence (such as physical evidence, documentary evidence, photos, recordings, etc.)". From the above textual expression, it is obvious that "witness testimony" can only be issued when there are "on-site witnesses". It is not difficult to imagine that when a work-related injury occurs and there are no on-site witnesses, there is no need to submit "witness testimony." Let’s assume that all 100 coal miners were killed when they went down the mine. Since there are no on-site witnesses, can’t they apply for work-related injury recognition? After a work-related injury occurs, most workers are afraid of being retaliated against by their bosses if they testify, making it inconvenient for them to testify. Could it be that if the boss intimidates other employees so that they don't certify for work-related injuries, then they won't have to bear work-related injury benefits? absurd! In-depth analysis, are our competent authorities not aware of the above problems? I don’t think so. It’s more about the rigidity of law enforcement and the shirking of responsibilities and the fear of taking responsibility. Once you have the testimony of the witness, you can make a decision on the determination of work-related injury after a quick phone interview. This kind of thinking is unacceptable! The idea of ??governing for the people should be reflected in specific work, not just in slogans! What should I do if there is no witness testimony in the identification of work-related injuries?

Answer: As long as it is during working hours and in the workplace, any injury due to work If you are injured or suffer from an occupational disease, you can apply for work-related injury recognition regardless of whether there are witnesses.

Basis: Article 14 of the "Regulations on Work-related Injury Insurance" "If an employee has any of the following circumstances, it shall be recognized as a work-related injury:

(1) During working hours and in the workplace, Injured by an accident due to work;

(2) Injured by an accident while engaging in work-related preparatory or finishing work in the workplace before and after working hours;

( 3) Suffering from violence or other accidental injuries while performing work duties during working hours and in the workplace;

(4) Suffering from occupational diseases;

(5) While away from home for work, Injured due to work reasons or the whereabouts of an accident are unknown;

(6) Injured by a traffic accident that is not the main responsibility of the person or an urban rail transit, passenger ferry or train accident on the way to and from get off work;

p>

(7) Other circumstances that should be recognized as work-related injuries according to laws and administrative regulations. "

Article 15 of the "Regulations on Work-related Injury Insurance" "An employee who has any of the following circumstances shall be deemed to be a work-related injury. :

(1) Death of a sudden illness during working hours and at the workplace or death after rescue efforts failed within 48 hours; (2) Safeguarding national interests in emergency rescue and disaster relief, etc. , injured in public interest activities;

(3) The employee was originally serving in the army, became disabled due to war or duty injuries, and has obtained a Revolutionary Disabled Soldier Certificate, which will be old after arriving at the employer.

Employees who fall under the circumstances of Items (1) and (2) of the preceding paragraph shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these regulations; employees who fall under the circumstances of Item (3) of the preceding paragraph. ”