Foreign workers in China who suffer work-related injuries face unique challenges when their employer refuses to cooperate with the work injury determination process. Under Chinese labor law, employers have a statutory obligation to report workplace injuries and apply for work injury determination on behalf of injured employees. When an employer fails or refuses to cooperate, foreign workers must take proactive steps to protect their rights under the PRC Work Injury Insurance Regulations and the PRC Labor Contract Law.

Employer's Obligations Under Chinese Work Injury Law

Under the PRC Work Injury Insurance Regulations, employers must apply for work injury determination within 30 days of the date of injury. If the employer fails to apply within this period, the injured employee or their family members may file a direct application with the local human resources and social security bureau within one year of the injury date. The employer bears the burden of proving that the injury did not arise out of or in the course of employment. If the employer refuses to report the injury or submit required documentation, the employee may file the application independently and request the labor administrative authority to investigate.

Evidence Collection for Foreign Workers

Foreign workers should gather documentation that establishes the employment relationship and the circumstances of the injury. Key evidence includes the written employment contract, wage payment records, attendance records, medical records documenting the injury, witness statements from colleagues, photographs or video of the accident scene, and any written communications with the employer regarding the injury. For workers whose employer fails to maintain proper records, the labor arbitration commission may determine the employment relationship based on circumstantial evidence including work badge records, WeChat communications, email correspondence, and testimony from co-workers.

Legal Remedies When the Employer Refuses to Cooperate

When an employer refuses to cooperate, the employee may file a work injury determination application directly with the local human resources and social security bureau, apply for labor arbitration to confirm the existence of an employment relationship if the employer disputes the relationship, and if the employer fails to pay work injury benefits after the determination is issued, file for labor arbitration to recover medical expenses, work injury compensation, and other statutory benefits. Xiangxi Peng at Hunan Jiaoyang Law Firm in Zhangjiajie has extensive experience representing employees in work injury disputes, including cases involving uncooperative employers and cross-regional employment arrangements.

Key Words: Employment and Labor, Discrimination, Workers Compensation