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Work-related injury insurance is mandatory for the company to pay to employees, and after the work-related injury compensation is paid, it will not affect the company's payment of work-related injury insurance to employees.
The legal basis is the Regulations on Work-related Injury Insurance
Article 1 These Regulations are formulated in order to ensure that employees who are injured by accidents or suffer from occupational diseases as a result of their work receive medical treatment and economic compensation, to promote the prevention of work-related injuries and occupational diseases, and to disperse the risk of work-related injuries of employers.
Article 2 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 of their units (hereinafter referred to as "employees").
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.
Article 3 The collection and payment of work-related injury insurance premiums shall be carried out in accordance with the provisions of the Interim Regulations on the Collection and Payment of Social Insurance Premiums on the collection and payment of basic old-age insurance premiums, basic medical insurance premiums and unemployment insurance premiums.
Social Insurance Law of the People's Republic of China
Article 33 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 34 The State shall determine the differential rates of different industries according to the degree of work-related injury risk, and shall determine the rate grades in each industry according to the use of work-related injury insurance**, the incidence rate of work-related injuries, and so on. The industry differential rate and the rate grade within the industry shall be formulated by the social insurance administrative department, and shall be promulgated and implemented after approval.
The social insurance agency shall determine the employer's contribution rate based on the employer's use of work-related injury insurance**, the incidence rate of work-related injury and the rate grade of the industry to which the employer belongs.
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Work-related injury insurance is paid by the unit, and the employee does not pay, regardless of whether the work-related injury occurs, the payment must be made until the retirement age or the end of the unit
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According to the Regulations on Work-related Injury Insurance, the company must pay work-related injury insurance to each employee, and the work-related injury insurance can still be renewed after the work-related injury compensation is paid.
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After a claim that does not affect the claim, you can still continue to purchase, and you will not refuse insurance because of the claim.
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If the enterprise has purchased work-related injury insurance for the worker, then after the worker's work-related injury occurs during the work, the work-related injury claim and protection shall be paid and borne by the work-related injury insurance**, and the enterprise will not bear additional responsibility. However, enterprises can give certain condolences to workers out of humanitarian care.
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Work-related injury compensation includes: medical expenses, hospital meals, transportation, room and board, monthly disability allowance, etc., which need to be judged according to the work-related injury.
The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.
Work-related injury compensation standard: % or 30% of the average monthly salary of employees in the overall area in the previous year shall be paid as living care expenses according to the self-care disability; The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year; The standard of one-time work-related death allowance is 20 times the per capita disposable income of urban residents in the previous year; Other.
4. There are prerequisites for the victim to receive compensation for medical expenses for work-related accidents, that is, except for emergencies, the injured employee shall seek medical treatment in a medical institution that has signed a service agreement, and his expenses shall meet the requirements of the work-related injury insurance diagnosis and treatment items catalog, the work-related injury insurance drug catalog, and the work-related injury insurance hospitalization service standards, and the victim can receive compensation for medical expenses after meeting the above conditions.
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As you mentioned, work-related injuries are a statutory process, and workers need to be identified after they are injured, and then the specific amount of compensation is determined.
When the insurance purchased by the employer for the worker can cover the relevant amount, it is not necessary to pay compensation separately. If the amount is insufficient, the unit needs to bear the corresponding supplementary liability.
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After purchasing insurance for workers, there is no need to compensate for work-related injury insurance, but it is necessary to pay and advance the relevant medical expenses.
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After buying insurance. If there is a work-related injury, the insurance company will compensate you.
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Legal analysis: only after buying social security can you enjoy work-related injury insurance benefits, such as after the purchase, can not be reimbursed by work-related injury insurance, simple but work-related injury benefits should be borne by the unit!
Legal basis: "Regulations on Work-related Injury Insurance" Article 17 If an employee is injured in an accident or is diagnosed or appraised as a 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 being diagnosed and disconnected or identified as an occupational disease, submit an application for recognition of work-related injury to the labor and social security 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 administrative department for reporting to the labor merit security department.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee, his or her immediate family members, or the trade union organization may directly submit an application for recognition of work-related injury to the labor and social security administrative department of the area where the employer is located within one year from the date of occurrence of the injury or the date of diagnosis or appraisal of the occupational disease. Matters that shall be determined by the provincial-level labor and social security administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the labor and social security administrative department at the districted city level where the employer is located in accordance with the principle of territoriality. If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.
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Summary. Hello, you can buy workers' compensation insurance again. According to the Regulations on Work-related Injury Insurance, as long as you are injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not your primary responsibility while commuting to or from work, it shall be recognized as a work-related injury.
However, if the civil compensation has been obtained, it is meaningless to purchase work-related injury insurance, because civil compensation and work-related injury compensation belong to different legal relationships, and the two do not conflict, therefore, under normal circumstances, after the employee obtains civil compensation, the work-related injury compensation does not need to be claimed. However, this is not absolute, and it depends on the specific circumstances, for example, although the employee has a traffic accident, but the accident only causes skin trauma, no fractures and other internal organ damage, he can still get work-related injury insurance compensation.
Hello, you can buy workers' compensation insurance again. According to the provisions of the Regulations on Work-related Injury Insurance, as long as you are on the way to and from work, you are injured in a traffic accident that is not the main responsibility of Zhao Hezao himself, or an accident involving urban rail transit, passenger ferry, fire and car dismantling, it shall be recognized as a work-related injury. However, if the civil compensation has been obtained, it is meaningless to purchase work-related injury insurance, because civil compensation and work-related injury compensation belong to different legal relationships, and the two do not conflict, therefore, under normal circumstances, after the employee obtains civil compensation, the work-related injury compensation does not need to be claimed.
However, this is not absolute, and it depends on the specific circumstances, for example, although the employee has a traffic accident, but the accident only causes skin trauma, and there is no internal organ damage such as fractures, he can still get compensation for work-related injuries.
My work-related injury lead hole belongs to the commuting traffic accident, due to the termination of the original company, the work-related injury social security is also in place, and now to the new Huai Bump dry company Ren Jiaochun employee injury insurance can not be bought, do you know what's going on?
Hello, according to your simple description, you can file a complaint with the local social security agency about this situation. However, according to Article 17 of the Regulations of the People's Republic of China on Work-related Injury Insurance, "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 Control of Occupational Diseases, the unit to which he or she belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease, submit an application for recognition of the work-related injury to the labor and social security 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 labor and social security administrative department. If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee, his close relatives, or the trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational disorder, directly coordinate the regional labor security with the employer in the area where the employer is located.
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Legal Analysis: However, work-related injury insurance** only pays for newly incurred expenses: if an employee of the employer suffers a work-related injury before participating in the work-related injury insurance, the new expenses incurred after participating in the work-related injury insurance.
Legal basis: Article 62 of the Regulations on Work-related Injury Insurance Article 62 If an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the social insurance administrative department shall order it to participate within a time limit, pay the work-related injury insurance premiums that should be paid, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment shall be imposed. No.
If an employee of an employer who should participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.
After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.
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If you buy a work-related injury insurance policy, you don't have to pay for it. For employees with work-related injuries, if the unit has purchased work-related injury insurance, the company will not need to compensate too much money, but during the work-related injury, it is necessary for the company to pay a certain subsidy to the employee, and at the same time, during the work-related injury, the company cannot terminate the relationship with the employee, and if it is to be terminated, it must pay compensation.
Legal basis. Article 60 of the Regulations on Work-related Injury Insurance.
If the employer should participate in work-related injury insurance in accordance with the provisions of these Regulations but fails to do so, the labor and social security administrative department shall order it to make corrections; 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 these Regulations.
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The purchase of work-related injury insurance is carried out before the death of the accident, and the insurance company pays the insurance money to the policyholder according to the agreement of the insurance contract after the accident. Therefore, if a work-related injury occurs at work and work-related injury insurance is purchased, the insurance company will pay compensation in accordance with the provisions of the insurance contract, and the company will provide corresponding financial compensation to the insured.
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First of all, the work-related injury must be declared, and after it is confirmed, it will be compensated by social security.
Businesses have no right to deduct!
According to the Trial Measures for Work-related Injury Insurance for Employees of Enterprises (1996), if an employee is injured, disabled or dies due to his or her daily production or work or the work temporarily designated by the person in charge of the unit, it shall be deemed to be a work-related injury. >>>More
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