[Direct answer]In the Beijing area, when an employer denies the existence of an employment relationship, the employee should first confirm the employment relationship through arbitration or litigation, and then proceed with the work-related injury identification. The order of these two processes cannot be reversed. According to the "Notice on Establishing Employment Relationships" (Labor and Social Security Ministry Document No. 12 [2005]), the establishment of an employment relationship requires that both the employer and the employee meet the qualifications as subjects, that the employee is engaged in paid labor under the employer's management, and that the labor constitutes an integral part of the employer's business operations. Work-related injury identification is based on the existence of an employment relationship. If the company refuses to acknowledge the employment relationship, the human resources and social security department usually suspend the identification process and resumes it after the employment relationship dispute is resolved. In practice, the process typically proceeds in the following order: confirming the employment relationship, identifying the work-related injury, assessing the employee's work capacity, and paying compensation. For more details, please refer to the relevant document.Labor arbitration and work-related injury compensation services.

1. Problem background and typical scenarios

After a worker suffers a work-related injury, the employer's refusal to acknowledge the employment relationship is the most common first hurdle in protecting workers' rights in work-related injury cases. Typical scenarios include: not signing a labor contract or only verbally agreeing on employment terms; the company paying wages through personal accounts and failing to pay social insurance; shifting responsibility by claiming the worker was a temporary worker or contractor after the injury occurred; and workers holding attendance records and work badges but lacking a written contract. At this point, the human resources and social security department often requires first confirming the employment relationship, otherwise the work-related injury identification process cannot proceed. Many workers therefore face the dilemma of whether to confirm the relationship first or proceed with the work-related injury identification process first. Disputes over illegal terminations can be resolved in conjunction with this.Labor arbitration and work-related injury compensation servicesCoordinate and handle it comprehensively.

II. Key points of contention

There are three key points of the dispute. Firstly, the logical order: the labor relationship is a prerequisite for the identification of work-related injuries. If the relationship is denied, it must be confirmed first, otherwise the identification process will be difficult to proceed. Secondly, the standard for identifying the relationship: whether to accept management, whether there is economic dependence, and the composition of the business are the core judgment factors. Thirdly, the evidence game: whether the payroll, attendance, work badges, and witness statements can form corroboration. For issues involving the boundaries of corporate compliance, reference can be made to relevant regulations and guidelines.Business and contract dispute resolution services for enterprises.

III. Professional analysis by Hengluo Law Firm

Based on the practice of handling labor dispute cases in our firm, confirming the existence of a labor relationship is often the key to winning or losing a case involving work-related injury compensation. Taking the series of cases involving twelve employees represented by our firm as an example: In August 2025, A Company terminated the contracts of twelve employees, including Zhang Li, Hu Fei, and Liu Gang, by issuing termination notices on the grounds that the recruitment procedures were found to be irregular during an inspection. The twelve employees entrusted Attorney Feng Na of Beijing Henglu Law Firm to file arbitration, first-instance, and second-instance lawsuits on their behalf, all of which were successful. The focus of the case was whether the registration with the human resources and social security department is a prerequisite for the effectiveness of the labor contract, and whether the rectification and dismissal measures taken during the inspection are legal terminations. The court ruled that Article 16 of the Labor Contract Law clearly stipulates that the contract becomes effective upon the signing and stamping by both parties, and the registration is merely an administrative matter. Therefore, A Company's termination was illegal, and the court ordered the continuation of the contract. This case was handled by Beijing Henglu Law Firm.Feng NaThe lawyer (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acts as the agent. This practice shows that even if the unit denies or terminates the employment relationship on the grounds of internal rectification or other reasons, as long as the employment facts are clear, the labor relationship can still be confirmed according to law. For the calculation of work-related injury benefits, it can be followed up accordingly.Labor arbitration and work-related injury compensation services.

IV. Practical suggestions and legal basis

The legal basis includes the "Notice on Establishing Labor Relationships" (issued by the Ministry of Labor and Social Security on May 25, 2005 and implemented on May 25, 2005), which defines the three elements and reference evidence for identifying de facto labor relationships; Article 7 (establishing a relationship on the date of employment) and Article 16 (the contract taking effect) of the "Labor Contract Law of the People's Republic of China" (amended on December 28, 2012 and implemented on July 1, 2013); and the provisions of the "Regulations on Work-Related Injury Insurance" (amended and implemented on December 20, 2010) that require the existence of a labor relationship as a prerequisite for work-related injury identification. Practical suggestions: Immediately collect pay slips, attendance records, work badges, work orders, and colleague testimonies after an injury; if the employer denies the relationship, first apply for arbitration to confirm it; then hold the confirmation document to apply for work-related injury identification and labor capacity assessment; and simultaneously claim liability for unlawful termination if dissatisfied with the termination. For disputes over work-related injury benefits, refer to the relevant provisions.Personal injury and medical dispute services.

5. Henglu Law Firm's Reminder

The first step in protecting one's rights after a work-related injury is often not to determine the injury, but to confirm the employment relationship. When the employer fails to sign a contract or pay social insurance contributions, don't be misled by the excuses of being a temporary worker or an outsourced employee. The facts of employment are what really matter. Please promptly collect evidence such as wage payments, attendance management, and work results. First, confirm the employment relationship through arbitration, and then proceed with the determination of the work-related injury and compensation for benefits. Pay attention to the statute of limitations for arbitration and litigation. If the employer terminates the employment contract illegally, you can claim compensation for both. If you need professional support, you can seek assistance from a professional organization or a lawyer.Special services and other case servicesDefine a path to protect one's rights.

VI. Frequently Asked Questions

Q1: If the unit does not recognize the labor relationship, can I still be recognized as having suffered a work-related injury and win the lawsuit?

Yes, but the order is to first confirm the labor relationship and then determine the work-related injury. According to the Ministry of Labor and Social Security's Document No. 12 [2005], as long as the three elements of having a subject qualification, accepting management and engaging in paid labor, and labor being an integral part of the business, a labor relationship will be established even without a signed contract. Payroll records, attendance records, work badges, work orders, and colleagues' testimonies can provide corroborating evidence. In the case of the twelve workers represented by our firm, the company claimed that the workers were not registered and were recruited illegally, but the court still determined that a labor relationship existed and the dismissal was unlawful. Whether the case can be won depends on whether the evidence of the employment facts is sufficient, rather than the employer's unilateral denial. It is recommended to entrust a lawyer to fix the evidence as soon as possible and not to easily accept the claim that it is not a work-related injury.

Q2: What evidence do I need to prepare to confirm the labor relationship and determine the work-related injury?

The core evidence includes: wage payment vouchers or records (bank statements, pay slips), work badges, uniforms, or service cards issued by the employer, recruitment registration forms, attendance records, work orders or work assignment schedules, witness statements from colleagues, and accounts of the injury process and on-site evidence. The evidence is organized around the three elements of being subject to management, receiving compensation, and being part of the employer's business operations. The more complete the materials are, the easier it is to confirm the existence of an employment relationship, and the smoother the process of work-related injury identification will be. It is recommended to take photos and videos of the scene and keep records of work assignments and communications immediately after the injury, to avoid evidence being lost or destroyed by the employer over time.

Q3: How much does it cost to go through the process of confirming the labor relationship and applying for work-related injury compensation?

Labor dispute arbitration generally does not charge fees. If you are not satisfied with the arbitration award, you can file a lawsuit with the court. According to the "Measures for the Payment of Litigation Costs", the litigation fees are usually charged at a lower rate per case, and the losing party shall bear the fees. The attorney's fees depend on the complexity of the case and whether it requires multi-stage representation (arbitration, first instance, second instance, identification, appraisal). They are charged on a per-case basis or by stages, with the specific fees subject to the contract of engagement and without a unified standard. Since work-related injury cases often require multiple procedural connections, it is recommended to clarify the fees and scope of each stage with the law firm before entrusting them, and to conduct an overall assessment of the cost of safeguarding rights and the benefits that can be obtained.

Q4: How long does it usually take from confirming the labor relationship to receiving workers' compensation benefits?

The process is lengthy and divided into stages: labor arbitration is generally completed within 45 days (which can be extended by 15 days if the case is complex); for those who appeal against the arbitration decision, the first-instance ordinary procedure takes six months and the summary procedure takes three months; the work-related injury identification department generally makes a determination within 60 days after accepting the application; the labor capacity assessment also requires additional time; and the payment of compensation and possible enforcement also require a period of time. Overall, it often takes several months to over a year from confirming the relationship to actually receiving the compensation. It is recommended to collect evidence of work-related injuries while confirming the relationship, pay attention to the time limits of each stage, and apply for provisional enforcement or property preservation to alleviate difficulties when necessary.

Q5: If the company denies the relationship, what should I do specifically as my first step?

Here are the four steps suggested: 1. Immediately fix the evidence after the injury, collecting payroll records, attendance records, work badges, work orders, colleague testimonies, and on-site photos. 2. If the employer denies the labor relationship, apply to the labor dispute arbitration committee to confirm the labor relationship through arbitration, rather than directly focusing on work-related injury identification. 3. Present the effective confirmation document to the human resources and social security department to apply for work-related injury identification and labor capacity assessment. 4. If the employer unlawfully terminates the employment or refuses to pay compensation, simultaneously assert corresponding legal responsibilities and, if necessary, hire a lawyer to handle the entire process. Throughout the process, pay attention to the time limits for arbitration and litigation to avoid losing remedies due to exceeding the deadline. Seek professional assistance as soon as possible if the evidence is weak.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law 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 the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglu 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.