What about work related injury insurance for migrant workers? How to get work related injury insuran

In order to better fulfill the protection of migrant workers, the national ** department has launched a corresponding work-related injury insurance system for migrant workers, and it is recommended that you understand it in time to better protect your legitimate rights and interests. What about work-related injury insurance for migrant workers?

Under normal circumstances, it is handled by the employer, and the materials must be brought when handling it: the notice of winning the bid for the construction project (or the project transaction form), the original and copy of the project contract. The procedures are as follows:

The business administrator shall review the "Wenzhou Construction Project Participation in Work-related Injury Insurance Registration and Audit Form" filled in by the unit.

After the review is correct, the application of the insured unit will be accepted, and the relevant information will be entered into the computer, and the "audit form" will be printed at the same time.

Legal Analysis: After a migrant worker is injured in an accident, the employer shall promptly send the injured person to a designated medical institution for treatment of work-related injury insurance, and file the record with the labor and social security administrative department and the handling agency within 24 hours. Within 30 days from the date of the accident or the date of diagnosis of an occupational disease, the unit to which the migrant worker belongs shall submit an application for recognition of work-related injury to the administrative department of labor and social security of the city or county.

If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, the injured employee or his relatives may directly apply to the administrative department for work-related injury determination within one year. Legal basis: Measures for the Determination of Work-related Injuries Article 4 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area.

In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department. Where an application for determination of work-related injury shall be submitted to the provincial-level social insurance administrative department in accordance with the provisions of the preceding paragraph, it shall be submitted to the social insurance administrative department of the districted city level where the employer is located in accordance with the principle of territoriality.

Legal analysis: The work-related injury insurance for migrant workers shall be purchased by the migrant worker's employer, and the employer shall bring the business license of the unit, the unified certificate of the organization, the relevant approved practice certificate, the copy of the ID card of the insured person and other materials, first apply to the social insurance agency for social insurance registration, and then pay the fee according to the local work-related injury insurance base.

Legal basis: Regulations of the People's Republic of China on Work-related Injury Insurance

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

Article 34 Where an injured worker has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of life care, he or she shall be paid a monthly living care fee from the work-related injury insurance.

The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

Social Insurance Law of the People's Republic of China Article 58 An employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. Where social insurance registration has not been completed, the social insurance agency shall verify and approve the social insurance premiums that should be paid by the social insurance agency. Individually-owned businesses without employees who voluntarily participate in social insurance, part-time employees who have not participated in social insurance at the employer, and other flexibly employed persons shall apply to the social insurance agency for social insurance registration.

The State shall establish a nationwide unified personal social security number. An individual's social security number is a citizenship number.

1) In accordance with the relevant regulations of the state, provinces, and municipalities, the hired migrant workers shall go through the formalities of participating in social insurance and pay various social insurance premiums. If an employer has gone through various social insurance formalities for the migrant workers it recruits and uses before the issuance of this notice, it shall still maintain the original remaining calendar method, continue to participate in various social insurances and pay various social insurance premiums for them. (2) Migrant workers participate in the work-related injury insurance inspection and destruction insurance The real-name system is implemented, and the employer shall provide a complete list of insured migrant workers; When there is a change in the insured person, the change and filing procedures should be handled in a timely manner.

Article 2 of the Regulations on Work-related Injury Insurance Enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms and other organizations within the territory of the People's Republic of China, as well as individual industrial and commercial households with employees (hereinafter referred to as "employers") shall, in accordance with the provisions of these Regulations, participate in work-related injury insurance and pay work-related injury insurance premiums for all employees or employees (hereinafter referred to as "employees") of their units. Employees of enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms and other organizations within the territory of the People's Republic of China, as well as employees of individual industrial and commercial households, shall have the right to enjoy work-related injury insurance benefits in accordance with the provisions of these Regulations.

The work-related injury insurance for migrant workers can be handled by the employer within 30 days after the employment of migrant workers in a timely manner. The unit can apply for social security registration with the local social security agency, and then pay for the migrant workers according to the work-related injury insurance rate approved by the social security agency.

Legal basis] Article 33 of the Social Insurance Law of the People's Republic of China.

Employees shall participate in work-related injury insurance, and the employer shall pay work-related injury insurance premiums, and employees shall not pay work-related injury insurance premiums.

Article 35.

The employer shall pay work-related injury insurance premiums according to the total wages of its employees and the rate determined by the social insurance agency.

Article 58.

The employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay.

Employers pay work-related injury insurance premiums for migrant workers, and the payment base is 60% of the average monthly wage of on-the-job employees in the city in the previous year. If the employer first handles work-related injury insurance for migrant workers, the local handling agency shall handle it; If the place of registration of the appointing unit and the place of production and business operation are not in the same overall planning area, they may participate in insurance for migrant workers at the place of production and operation.

Legal basis] Article 10 of the Regulations on Work-related Injury Insurance.

Employers shall pay work-related injury insurance premiums on time. Employees who are old or disabled do not pay work-related injury insurance premiums.

The amount of work-related injury insurance premiums paid by the employer is the product of the total wages of the employees of the employer multiplied by the contribution rate of the employer.

For industries that are difficult to pay work-related injury insurance premiums according to the total salary, the specific way of paying work-related injury insurance premiums shall be prescribed by the social insurance administrative department.

Employers that apply for work-related injury insurance for migrant workers must pay work-related injury insurance premiums for all migrant workers. The work-related injury insurance premiums of migrant workers shall be paid by the employer where they are located, and the work-related injury insurance premiums shall not be paid by the insured migrant workers. Article 33 of the Social Insurance Law of the People's Republic of China Employees shall participate in work-related injury insurance, and the employer shall pay the historical rental fee of work-related injury insurance, and the employee shall not pay work-related injury insurance premium.

Legal Analysis: Employers that apply for work-related injury insurance for migrant workers in advance must pay work-related injury insurance premiums for all migrant workers. The work-related injury insurance premiums of migrant workers shall be paid by the employer where they are located, and the insured migrant workers shall not pay work-related injury insurance premiums.

Legal basis: Article 33 of the Social Insurance Law of the People's Republic of China Employees shall participate in work-related injury insurance, and the work-related injury insurance premiums shall be paid by the employer and the employee shall not pay the work-related injury insurance premium.

According to the relevant laws and regulations, "How to compensate for migrant workers' work-related injury insurance?" The answer is as follows: The work of migrant workers is arduous, and some units only superficially protect their employees, and they are often unable to enjoy the benefits of medical insurance, disability insurance, and work-related death insurance.

Migrant workers who are injured during work are within the scope of work-related injuries, and the employer shall pay them work-related injury compensation in accordance with the regulations. Work-related injury compensation standards, also known as work-related injury insurance treatment standards, refer to the compensation items and standards that work-related injuries and relatives of work-related deceased employees should enjoy in accordance with the law. If an employee of an employer suffers a work-related injury during the period when he has not participated in work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in the Regulations on Work-related Injury Insurance.

1) Medical expenses 1. Requirements: **The expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards. 2. Legal basis:

Article 30, paragraph 3 of the Regulations on Work-related Injury Insurance. 3. Note: If the employer does not participate in work-related injury insurance, it is not necessary to go to the medical bridge treatment institution that has signed a service agreement**.

2) Hospitalization food supplement draft celebration fee 1. Standard: Stipulated by the people in each work-related injury insurance co-ordination area. 2. Requirements:

During hospitalization. 3. Legal basis: Paragraph 4 of Article 30 of the Regulations on Work-related Injury Insurance.

If you are unclear about the handling of the relevant situation, you can consult a lawyer to define Jingchang.

If the employer pays the work-related injury insurance premium, the migrant worker can enjoy the work-related injury insurance benefits paid by the employer and the work-related injury insurance**; If the employer fails to pay the work-related injury insurance premiums, the employer shall pay all the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**, and then Peifeng shall be repaid by the employer.

[Legal basis].Article 36 of the Social Insurance Law of the People's Republic of China.

If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is identified, he or she shall enjoy the work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy the treatment of the disabled hail.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.