[Direct answer]The conclusions vary depending on the circumstances. Traditional work-related injury insurance is based on the existence of an employment relationship, while flexible employees usually do not form an employment relationship with platforms or employers, and are generally not covered by work-related injury insurance. In the event of an accident, they cannot directly proceed with work-related injury identification and claim work-related injury benefits. However, at present, some regions have launched pilot programs for occupational injury protection for new employment forms. Workers in new employment forms such as food delivery and ride-hailing services who meet the conditions can be included in the protection. In addition, even if it does not constitute a work-related injury, they can still claim personal injury compensation from the infringer in accordance with Article 1165 of the Civil Code of the People's Republic of China (effective from January 1, 2021); they can also purchase accident insurance on their own or have the platform purchase employer's liability insurance for them. The action plan is to first determine whether an employment relationship exists, and then choose between work-related injury protection, occupational injury protection, or civil compensation.

I. Problem background and typical scenarios

The scale of flexible employment groups such as food delivery riders, ride-hailing drivers, domestic workers, and freelancers is huge. Once an accident occurs, the first hurdle in seeking justice is whether it counts as a work-related injury. Some people think that any injury suffered at work is a work-related injury, while others are told, "You're not our employee." Only by clarifying one's identity and path can one find the right channel for relief.

II. Key points of contention

First, whether a flexible employee forms a labor relationship with the platform or the employer. Second, the applicable conditions of the pilot project for occupational injury protection in new employment forms. Third, whether they can claim civil tort compensation even if they do not constitute work-related injuries. Fourth, the classification of platforms arranging employment under the guise of "cooperation" or "crowdsourcing". Fifth, the liability subject in the case of multiple employment or subcontracting for orders.

III. Professional analysis by Henglue Law Firm

The core issue of work-related injury protection for flexible employees lies in the existence of a labor relationship. Work-related injury identification is based on the existence of a labor relationship, but platforms often arrange employment through cooperation agreements, crowdsourcing agreements, and individual business registration, making it difficult for some workers to confirm their labor relationship. To determine whether a labor relationship exists, it is necessary to examine whether the worker accepts the employer's labor management, engages in paid work arranged by the employer, and demonstrates personal and economic subordination. If the platform exercises substantial control over work assignments, pricing, rewards and punishments, and evaluations, arbitration and courts may determine the existence of a labor relationship, thereby establishing the prerequisite for work-related injury identification. Even if a labor relationship does not exist, victims can still claim compensation from the infringer according to fault liability rules. If the injury is caused by a third party, the victim can directly claim compensation from that party. If the platform or employer is at fault, such as forcing excessive work assignments or failing to provide necessary safety safeguards, the victim can also claim corresponding responsibilities. When handling such cases, Henglue Lawyers typically first review the worker's order records, platform rules, settlement records, and evaluation evidence to determine whether a labor relationship can be established, and then decide whether to pursue work-related injury identification, occupational injury protection, or civil litigation. At the same time, they remind clients to pay attention to statutes of limitations, as both work-related injury identification applications and civil compensation lawsuits have legal time limits and should not be delayed for too long. When handling disputes involving new employment forms in Beijing, authorities often evaluate the strength of employment management and the method of payment settlement comprehensively, and the quality of evidence organization often directly affects the outcome of the case.

IV. Practical suggestions and legal basis

Action List: 1. Collect the platform's agreements, dispatch and settlement records, and assessment rules to determine whether a labor relationship exists; 2. If the local area has launched a pilot program for occupational injury protection, apply through the pilot channels; 3. If it does not constitute a work-related injury, promptly preserve evidence of the accident and claim compensation from the infringer or the employing party at fault; 4. Purchase accident insurance on your own or urge the platform to purchase employer's liability insurance; 5. Pay attention to the statute of limitations for work-related injury identification and litigation and consult a professional lawyer as soon as possible. Main legal basis: - Provisions on work-related injury identification and benefits in the *Regulations on Work-Related Injury Insurance* (amended in 2010); - Articles 116 and 119 of the *Civil Code of the People's Republic of China* (effective since January 1, 2021); - *Guiding Opinions on Protecting the Labor Protection Rights of Workers in New Employment Forms* (issued by the Ministry of Human Resources and Social Security in 2021, No. 56); - Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Three key points regarding work-related injuries for flexible employees: First, determine whether there is an employment relationship, then discuss the work-related injury; pilot regions can implement occupational injury protection; even if it's not recognized as a work-related injury, there's still a path for civil compensation. For cases involving labor arbitration and work-related injury compensation, you can proceed through the following channels:Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, which can be combined with personal injury and medical disputesPersonal injury and medical disputesFor reference, you can check the section related to employee compliance in enterprisesIntellectual property and corporate lawFor the column, if you have any questions about the nature of the contract, please feel free to consult usBusiness and contract disputes in enterprisesFor the team involved in the enforcement of compensation payments, please feel free to contact us for more informationCreditor's rights and debts, and enforcementFor any questions or difficulties, please contact us via the column's contact information.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If a food delivery rider gets injured while delivering orders, is it considered an occupational injury?

It depends on whether there is an employment relationship. If the platform exercises substantial control over the assignment of tasks, pricing, and performance evaluations, it may be deemed to have an employment relationship, allowing the worker to apply for workers' compensation; otherwise, the worker would generally pursue occupational injury protection or civil compensation.

Q2: What evidence is needed to claim work-related injury or compensation?

It includes the platform agreement, the record of accepting and dispatching orders, the settlement flow, the rules of assessment and reward and punishment, the materials of accident alarm and medical treatment, the on-site photos and witness information, which are used to prove the employment relationship and the facts of damage.

Q3: Does it cost a lot to protect one's rights in this kind of situation?

Work-related injury identification and arbitration are generally free of charge. For civil litigation, the litigation fees are paid according to the amount of the claim. Those who are financially struggling can apply for legal aid, but the appraisal fees for disability assessments need to be paid separately.

Q4: How long does it take from the identification to receiving the compensation?

The determination of work-related injuries is generally made within 60 days from the date of acceptance, and the assessment of labor capacity will be carried out subsequently; for civil compensation litigation, the timeframe depends on the trial cycle, usually several months, and the overall time depends on the choice of procedure.

Q5: The platform says I'm a "partner" rather than an employee. What should I do?

Don't easily believe in titles. The key points are the actual management intensity and the way of settling compensation. After collecting solid evidence, you can apply for labor arbitration to confirm the relationship, or directly claim compensation for civil infringement. If necessary, consult a professional lawyer.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit.Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in a timely manner.