[Direct answer]First, we need to examine the employment relationship before determining the legal path. If the rider has a labor relationship with the employing unit, such as a delivery company (by signing a labor contract, accepting management, and settling wages based on attendance and performance), and suffers an accident injury, he/she can apply for work-related injury recognition according to the "Regulations on Work-Related Injury Insurance" and the employing unit or the rider shall submit the application to the human resources and social security department within the statutory time limit. For platform flexible employment or those engaged in business through individual businesses or cooperation agreements, the pilot policy on occupational injury protection for new employment forms may apply. If it is identified as a labor service or contracting relationship, compensation can generally be claimed through disputes over the liability of the service provider or claims of infringement liability. The first step in obtaining evidence is to fix the evidence of the employment relationship.

1. Problem background and typical scenarios

Delivery riders are injured in traffic accidents while delivering orders, but when they apply for work-related injury compensation, they are told "you're not our employee". The platform claims that the riders signed contracts with third-party companies, while the third parties claim it's a cooperative relationship. The biggest obstacle for riders to protect their rights in work-related injury cases is not the injury itself, but the determination of the employment relationship. Different relationships lead to vastly different legal paths: labor relations follow work-related injury compensation procedures, service relationships follow tort compensation procedures, and flexible employment follows occupational injury protection procedures.

II. Key points of dispute

First, the criteria for identifying labor relations. Second, the allocation of responsibilities among platforms, delivery companies, and riders. Third, the application of occupational injury protection in new forms of employment. Fourth, application deadlines and evidence preservation.

III. Professional analysis by Henglue Lawyers

First, the core of determining labor relations: whether there is personality subordination, economic subordination, and organizational subordination—whether the platform or delivery company arranges shifts, tracks attendance, and manages dispatching tasks for riders; whether it stipulates rewards and punishments, dress codes, and payment methods (e.g., whether it pays salaries); etc. Generally, those with labor contracts are directly deemed to have labor relations, while those with cooperation agreements or who are required to register as individual businesses need to be judged based on the actual level of management. If the cooperation is in name only but in fact constitutes employment, it may still be deemed to have labor relations. Second, responsibility subjects and allocation of responsibilities: For those with labor relations with delivery companies, the employer bears the responsibility for work-related injury insurance; if the platform participates in management and benefits from it, it may bear corresponding responsibilities under certain circumstances; riders who work for multiple platforms need to be judged based on their actual employment situations. Third, protection for new employment forms: Regarding flexible employment on platforms, the state promotes occupational injury protection for workers in new employment forms, with platforms paying contributions and providing protection based on orders. After an injury, workers can apply for occupational injury protection benefits; the specific scope and standards are implemented according to local policies. Fourth, application deadlines and evidence: The employer should apply for work-related injury recognition within 30 days from the date of the accident. If the employer fails to apply, the rider, their close relatives, or trade union organizations can directly apply within one year. Evidence should include order records, dispatch screenshots, attendance and reward/punishment records, salary or settlement records, chat records from work groups, and uniforms and badges, to prove the employment and management relationship. Henglue advises that riders should fix the platform and delivery company's management evidence as early as possible in work-related injury cases to avoid data loss after their accounts are suspended.

IV. Practical suggestions and legal basis

First, sort out the types of contracts signed with the platform and delivery companies and the actual management methods, and preliminarily determine the employment relationship. Second, fix the order acceptance, attendance, settlement, and chat records, and preserve the evidence of work identity. Third, if it is a labor relationship, the employer shall apply for work-related injury identification within 30 days. If the deadline is exceeded, the employee may apply for it within one year. Fourth, if it is a flexible employment or service relationship, the employee shall apply for occupational injury protection or claim compensation according to infringement and service liability. The main legal basis: "Regulations on Work-Related Injury Insurance" (amended in 2010 and implemented on January 1, 2011), the "Labor Contract Law of the People's Republic of China", and relevant regulations on safeguarding the labor protection rights of workers in new employment forms. The specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

Three key points regarding riders' work-related injuries: First, determine the employment relationship. For labor relationships, apply for work-related injury compensation; for service relationships, apply for infringement compensation; for flexible employment, apply for occupational injury protection. If the employer fails to apply for compensation within 30 days, the rider can apply for compensation on their own within one year. Order records and attendance records are the most crucial evidence. For cases involving riders' work-related injuries and labor rights protection, you can seek legal assistance through the following channels:Labor arbitration and work-related injury compensationThe service obtains a comprehensive solution, and in the case of personal injury, it can be combined with other services.Personal injury and medical disputesFor cases involving the confirmation of labor relations, you may refer to the following provisions:Business and contract disputes in enterprisesFor any questions or difficulties, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Can a rider be recognized as having suffered a work-related injury even if they haven't signed a contract?

Yes, but you need to confirm the labor relationship first. If the platform or the delivery company actually conducts scheduling, attendance, and reward and punishment management and settles payments based on orders, it may be deemed that a labor relationship exists, and you can then apply for work-related injury identification.

Q2: The platform says I'm a partner. What should I do?

Look at the actual management. What is called cooperation may actually be employment, and it may still be identified as a labor relationship; you can apply for arbitration to confirm the labor relationship based on the evidence of dispatching orders, attendance, rewards and punishments, and settlements, and then apply for work-related injury compensation.

Q3: Is an accident during the delivery process considered a work-related injury?

If there is an employment relationship, accidents that occur during the acceptance of dispatch orders and the execution of delivery tasks generally fall under work-related reasons, and the worker can apply for work-related injury identification. The specific determination shall be subject to the conclusion of the human resources and social security department.

Q4: What should I do if my employer doesn't apply for workers' compensation?

The employer shall apply for compensation within 30 days from the date of the accident; if the employer fails to apply for compensation, the rider or his/her close relatives, or trade union organizations may directly submit the application to the human resources and social security department within one year. Please note that you should not miss the deadline.

Q5: Who is responsible for the losses caused by order cancellations on multiple platforms?

Judge based on the actual employment relationship. If there is a labor relationship or actual management relationship with a platform or delivery company, they may bear corresponding responsibilities, which need to be determined based on the dispatch and settlement records.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is 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 a dispute arises, please consult a practicing lawyer in a timely manner.