The man was pressured off at work. The company did not recognize the work injury because he did not sign the contract.

The 28-year-old Mr. Chen was injured when he was working with two fingers in his right hand, but the company neither recognized him as a company employee nor was he willing to apply for a work injury. It was finally difficult to confirm the labor relations, and the application for work-related injuries was also informed of the “overdue” statutory time limit. This is how to do ah?

After Zheng Yinying, a judge of the Zhongyuan District Court of Zhengzhou City, took over the case, the sentimental law was considered in a comprehensive manner, and finally Mr. Chen’s job-hunting appeal was finally determined.

Lack of evidence, injury to rights

Mr. Chen previously worked at a building material machinery and equipment company in Zhengzhou, where he worked in machinery manufacturing.

On May 6, 2011, Mr. Chen’s right hand was inadvertently injured by the running press, causing the two fingers to break and heavier disability. After the incident, the company refused to accept responsibility for him because he did not sign a labor contract, nor was he willing to apply for a job-related injury for him. In March 2012, Mr. Chen submitted an application for labor injury certification to the Municipal People and Social Security Bureau. Due to the lack of evidence to prove his labor relationship with the company, his application was not accepted. Until March 5 last year, Mr. Chen requested to confirm the application for labor relations arbitration was accepted. After arbitration and the court's first instance and second instance, on November 21 last year, Mr. Chen finally obtained a final judgment confirming that he had a de facto labor relationship with the company. Holding an effective judgment, Mr. Chen once again filed a work-injury certification application. He was also told that his application for a work-related injury had exceeded the statutory time limit of one year.

The opinion of the Humanities and Social Affairs Bureau is that both the time when he applied for a work-related injury and the date when his labor relations were confirmed as arbitrated are both more than a one-year statutory time limit from the date of his accident.

In the face of difficult problems, the judge’s ethos requires overall consideration

Tie Yingying said: "The "Working Injury Insurance Regulations" does stipulate a one-year time limit for applying for work-related injuries, but there are exceptions."

In this case, because there is no strong evidence to prove that Mr. Chen has a labor relationship with the company, the Humanities and Social Affairs Bureau asked Mr. Chen to first confirm the labor relationship through arbitration or litigation, which is in compliance with the law. However, the understanding of whether the time limit for the determination of work-related injuries has ceased, the understanding of the two sides have diverged.

“This disagreement is mainly due to the vagueness of the term in the “Working Injury Insurance Regulations” and the lack of relevant interpretations in actual use. Similar cases have different court decisions,” explains Tie Yingying.

Taking into account that the original intention of the "Working Injury Insurance Regulations" was to better protect the legitimate rights and interests of employees, and after the first application for work-related injuries was rejected, Mr. Chen has been trying to collect evidence to apply for labor dispute arbitration and litigation. The verdict of defeating him was actually unfair to him. In the end, the court supported Mr. Chen’s claim.

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