[Direct answer]The key points are three. According to Article 18 of the "Regulations on Work-Related Injury Insurance", to file an application for work-related injury identification, the following materials must be submitted: a work-related injury identification application form (stating the basic information such as the time, place, and cause of the accident, as well as the degree of injury to the worker); proof of the employment relationship with the employer (including de facto employment relationships); and a medical diagnosis certificate or an occupational disease diagnosis certificate. If the applicant provides incomplete materials, the social insurance administrative department shall inform the applicant in one go of all the materials that need to be supplemented. In addition, if the unit fails to apply within 30 days, individuals may directly apply within one year from the date of the accident.

1. Problem background and typical scenarios

Employees want to apply for work-related injuries on their own, but they don't know what to submit, where to submit it, or within what timeframe. Some people repeatedly run around to supplement the materials, while others give up on the application because they don't have a labor contract. In fact, the absence of a written labor contract does not prevent the application, as long as the employer-employee relationship can be proven. The key is to prepare the evidence in advance and submit it all at once.

II. Key points of contention

Firstly, the content and requirements of filling out the application form. Secondly, the scope of supporting materials for proving labor relations. Thirdly, the form of medical and diagnostic certificates. Fourthly, supplementary materials in special circumstances.

III. Professional analysis by Henglue Lawyers

Firstly, the application form: Applicants should truthfully fill in basic information such as the time, location, and cause of the accident, as well as the extent of the injury. The content should be consistent with subsequent evidence to avoid contradictions. For cases involving traffic accidents or violent injuries, relevant circumstances should also be described. Secondly, proof of the labor relationship: Prioritize submitting the labor contract. If no contract is available, evidence such as payroll records, bank transaction records, work badges or ID cards, attendance records, recruitment registration forms, colleague testimonies, and chat records related to work arrangements and management can be used to prove the de facto labor relationship. If the employer holds and manages such evidence, employees may request its provision and, if necessary, request an investigation. Thirdly, diagnostic certificates: Submit a diagnosis certificate issued by a medical institution after the injury or an occupational disease diagnosis certificate (or occupational disease diagnosis appraisal letter), indicating the injury and treatment status. Medical records and examination reports can be used as supporting materials. Fourthly, supplementary materials for special circumstances: For cases involving violent injuries while performing work duties, submit a certificate from the public security department or a legally binding court document; for cases caused by traffic accidents, submit liability determination materials from traffic management authorities; for cases involving accidents during work-related outings, submit work orders and travel certificates; and for cases where applicants and employers dispute the existence of a labor relationship, they may first seek confirmation through labor arbitration. Henglue advises that applicants prepare more rather than less materials and request a receipt of acceptance upon submission to clarify the starting point of the review period. When handling such cases in Beijing, authorities will focus on verifying the consistency between the application materials and the actual circumstances of the accident.

IV. Practical suggestions and legal basis

The first step is to fill out the application form for work-related injury identification, stating the time, location, cause, and severity of the injury truthfully. The second step is to prepare evidence of the labor relationship, prioritizing the labor contract. For those without a contract, use payroll records, attendance records, work badges, and chat records to support the claim. The third step is to obtain a diagnosis certificate from a medical institution and prepare all medical records and examination reports. For special circumstances such as traffic accidents and violent injuries, supplementary proof materials should be provided and the acceptance receipt should be retained. Main legal basis: Article 17, 18, and 19 of the "Regulations on Work-Related Injury Insurance" (revised in 2010 and implemented on January 1, 2011), and the procedures for confirming the labor relationship in the "Mediation and Arbitration Law of the People's Republic of China for Labor Disputes". Specific applications shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

The three application materials are: the application form, the proof of labor relationship, and the diagnosis certificate. These three items are the core ones. If there is no labor contract, the employer can use the employee's salary, attendance records, and chat logs to prove the existence of a de facto labor relationship. If the applicant lacks any of the required materials, they can request the employer to provide a one-time notification and request an acceptance certificate. For applications involving work-related injury identification, the applicant can proceed through the following channels:Labor arbitration and work-related injury compensationFor services that require an overall solution and involve the confirmation of a de facto employment relationship, relevant information can be combined and used as evidence.Business and contract disputes in enterprisesFor the sections involving medical information, you can refer to the following for referencePersonal injury and medical disputesFor any questions or difficulties, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: What materials are required to apply for work-related injury compensation?

The key documents include the application form for work-related injury identification, proof of the labor relationship with the employer, and medical diagnosis certificates or occupational disease diagnosis certificates. If the applicant's materials are incomplete, the human resources and social security department shall inform them to make corrections all at once.

Q2: What should I do if I don't have a labor contract?

You can submit payroll receipts or bank statements, work badges, attendance records, recruitment registration forms, colleague testimonies, and work chat records to prove the existence of an employment relationship, which will not affect your application.

Q3: Will the application be rejected if the materials are incomplete?

It will not be rejected outright. The human resources and social security department shall inform the applicant of all the materials that need to be supplemented at one time, and the applicant can supplement them according to the requirements; it is recommended that the application be as complete as possible when it is first submitted.

Q4: What documents do I need to provide if I'm injured in a traffic accident?

In addition to the basic materials, you should also submit the materials for liability determination from the traffic management department, explaining the circumstances of the accident that occurred during commuting or work, so as to facilitate the determination of whether it constitutes a work-related injury. If necessary, please also attach photos of the scene and the police report.

Q5: Within how long must it be submitted?

The employing unit shall apply for compensation within 30 days from the date of the accident; if the unit fails to apply for compensation, the employee or his/her near relatives may directly submit the application to the human resources and social security department within one year, and it is important not to miss the deadline. If the materials are controlled and managed by the unit, the employee may request the unit to provide the materials or request an investigation and verification to ensure the integrity of the evidence chain.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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 you encounter disputes, please consult a practicing lawyer in time.