Work-related injury case sharing (9): Is an injury sustained in “hidden employment” considered a work-related injury?

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　　Without signing a formal employment contract, yet doing multiple part-time jobs at the same time. At present, this type of “hidden employment” is gradually being accepted by some college graduates. Xiao Zhou, who graduated from the sports college last year, belongs to the group of those in \"hidden employment\". Without a regular job, he now has his days completely filled up. During the day, he acts as a translator for overseas tour groups introduced by his friends ； At night, he transformed once again into a coach at a fitness club. His steady monthly income allows Xiao Zhou to enjoy this lifestyle very much. Unexpectedly, a few days ago, while Xiao Zhou was guiding a member on how to use the fitness equipment, he accidentally got his eye injured by an equipment part that bounced back. Not only were nearly 10,000 yuan spent on medical expenses, but Xiao Zhou, who suffered eye injuries, was unable to work for several months. For this reason, Xiao Zhou, who believed his injury was work-related, approached the club to discuss the matter. But the other party stated that Xiao Zhou is not an employee of the club and therefore has no right to claim workers’ compensation. “When \"hidden employment\" results in injury, does it count as an occupational injury? The author believes that an occupational injury refers to an accidental injury suffered by a worker while engaged in productive work or work related to it, including injuries resulting from accidents, occupational diseases, as well as deaths caused by these two situations. There are mainly two criteria for determining whether workers’ compensation applies: one is whether the parties involved in the dispute possess the legal qualifications required. Workers’ compensation applies when one party to the dispute is an employee, and the other party is an employer that meets the legal requirements ； Second, it is to determine whether there is an employment relationship between the two parties involved (including de facto employment relationships); only when such a relationship exists can workers’ compensation claims be applied. 　　In addition, the Ministry of Labor and Social Security stipulates that when a worker is employed by two or more employers simultaneously, each employer shall pay the work-related injury insurance premiums for that worker separately. When a worker suffers an occupational injury, the employer at which the worker was working at the time of the injury is legally responsible for providing occupational injury insurance coverage. It can be seen that those in “hidden employment” who hold part-time jobs at multiple employers are entitled to work-related injury insurance benefits, as long as they have an employment relationship with those employers (including de facto employment relationships). In conclusion, Xiao Zhou can be considered to have suffered a work-related injury; it is recommended that all \"hidden workers\" sign labor contracts with their employers or keep evidence of their employment relationship.