Is it necessary to have more than two witnesses to testify in the identification of work-related injuries?
Some time ago, I represented a work-related injury identification case and applied to the jimo city Municipal Bureau of Social Security for work-related injury identification. The employer and the injured workers reached an agreement on work-related injuries. In this agreement, the employer confirmed that the employee was injured in the course of work and the unit had paid the medical expenses. The signature shall be sealed by the employer and signed by the legal representative. I thought that both parties had confirmed the labor relationship and the fact that work-related injuries occurred, and the process of work-related injuries identification should be smooth, but the facts were not what I expected. The staff of the work-related injury identification window in the public hall shall have two or more colleagues who work together to testify. If they apply for work-related injury identification according to Article 10 of the Work Rules for Work-related Injury Identification of Qingdao Human Resources and Social Security Bureau, they shall fill out the Application Form for Work-related Injury Identification and submit the following materials: (1) Resident Identity Card of the work-related injury employee. If the applicant is a close relative of the injured employee, in addition to the original and photocopy of the ID cards of the applicant and the injured employee, a valid certificate of close relative relationship shall also be submitted; If the applicant is a trade union organization, it shall submit a letter of introduction from the trade union and the identity certificate of the agent; When an agent files an application for ascertainment of a work-related injury, he must issue a power of attorney and an agent's identity certificate issued by the injured employee himself or his near relatives; (two) the text of the labor employment contract or other supporting documents that have labor relations (including factual labor relations) and personnel relations with the employer; (3) Testimony of two or more witnesses and witness identification; (4) Certificate of initial diagnosis, medical records of initial diagnosis, hospitalization records and discharge records issued by medical institutions, or occupational disease diagnosis certificate (or occupational disease diagnosis certificate) issued by medical institutions that undertake occupational disease diagnosis according to law. In addition to witness testimony, the above materials must be provided with originals and photocopies, and the originals shall be returned to the applicant on the spot after verification. The author thinks: 1, the above procedure requires the testimony of more than two witnesses, which is nothing more than the fact that there is a labor relationship between the two parties and a work-related injury has occurred, and the employer does not need to confirm the testimony of the witnesses in writing; 2. The injured employee has provided evidence to prove that a work-related injury has occurred (both parties agree). If the unit denies that the unit should provide evidence to prove that it is not a work-related injury, it should not be further proved by the injured employee on the basis that it has already been proved; 3. Witnesses should also be employees of their own units. Which worker is willing to work for someone else's unit while giving evidence against others? 4. If this company even counts one or two employees with work-related injuries, and one person has work-related injuries, there is no way to determine that two people have work-related injuries? The reply of Jimo Labor Bureau is: Then we don't care. Anyway, we must strictly implement Qingdao's work-related injury identification procedure, as mentioned earlier. Because there were no two witnesses to testify, the unit sued the Jimo court, and the Jimo court ruled that the Jimo Human Resources and Social Security Bureau lost the case and finally withdrew the work-related injury identification. The author thinks that it is really awkward to ask two witnesses to testify in the materials to be submitted for the work-related injury identification of Qingdao employees, but since there is such a provision, people can't help it, so my client tried his best to persuade two people to do it, and finally the work-related injury identification was successful, needless to say. Afterwards, I went to the Qingdao Municipal Bureau of Human Resources and Social Security for consultation, and the answer was: Few people in the city do not require two witnesses to testify, as long as they can prove the existence of basic facts such as labor relations. The enlightenment of this incident is that the makers of laws and regulations should fully consider the requirements of practice and stipulate flexible clauses for unnecessary matters to avoid mechanical application by those who apply the law; Starting from the basic spirit of the law and facilitating the masses, shouldn't people who apply the law be more flexible? Qingdao Jimo lawyer Qingdao Chengyang lawyer