After a work related accident, can the company apply for work related injury recognition after dereg

Work-related injury insurance is an important right to protect the rights and interests of workers, and after a work-related accident, regardless of whether the company is cancelled or not, the work-related injury patient should be entitled to work-related injury benefits. Therefore, after the work-related accident occurs, the company is deregistered, and the employee still has the right to apply for work-related injury recognition. The company should bear the legal responsibility for the work-related accident.

In addition, I saw a similar reply from the Beijing Labor Dispute Consultation Center (bjlaodongfa) at the Beijing Labor and Social Security Bureau

Jing Lao Social Worker Fu [2006] No. 164.

Reply to the "Request for Instructions on Whether a Determination of Work-related Injury Can Be Concluded after the Individual-owned Businesses Applying for Work-related Injury Determination Can Be Determined After Being Cancelled in Accordance with Law".

As long as the business license of the individually-owned business has not been cancelled in accordance with the law at the time of the injury of the employee of the individually-owned business, and there is an employment relationship (including a de facto employment relationship) between the two parties, and the application for determination of work-related injury is submitted within one year from the date of injury, the labor and social security administrative department shall accept it in accordance with the law and make a conclusion on whether the injured employee is a work-related injury.

I only excerpted the main two sentences, there are too many detailed contents, you can enter their center network in the Beijing Labor Dispute Consultation Center to view in detail, I don't understand, there are professional lawyers for free **answers, you can ask directly**. I heard that their center is very well-known in the industry in dealing with work-related injury identification and work-related injury compensation, and has handled many cases, and it seems that it also provides zero-risk legal services.

If the labor service company has been deregistered after the injury, how should I apply for a work-related injury?

Legal analysis: If the original employer has been deregistered, the injured person shall be compensated in accordance with the "One-time Compensation Measures for the Personnel of Illegal Employers". If the work-related injury needs to be applied to the labor bureau where the employer is located, the applicant shall bring the certificate proving the labor relationship, such as the brand name, salary slip, bank salary payment records, etc., as well as the identity card, the industrial and commercial registration information of the employer (which needs to be printed at the industrial and commercial bureau or administrative service center), the hospitalization record and discharge summary at the time of hospitalization, etc. (if the employer holds it, the employer can bring the ID card to the hospital to ask for a copy and stamping the official seal of the hospital).

Legal basis: Regulations on Work-related Injury Insurance

Article 66 Where an employee of a unit that does not have a business license or has not been registered or filed in accordance with law, or an employee of a unit whose business license has been revoked or whose registration or filing has been revoked in accordance with law, is injured in an accident or suffers from an occupational disease, the unit shall give a lump sum compensation to the disabled employee or the close relatives of the deceased employee, and the compensation standard shall not be lower than the work-related injury insurance benefits provided for in these Regulations; Where an employer uses child labor to cause disability or death as a result of child work, the employer shall give a lump sum compensation to the child worker or the child's close relatives, and the compensation standard shall not be lower than the work-related injury insurance benefits provided for in these Regulations. The specific measures shall be prescribed by the social insurance administrative department.

Article 43 Where an employer is divided, merged or transferred, the successor unit shall bear the work-related injury insurance liability of the original employer; If the original employer has already participated in the work-related injury insurance, the successor unit shall go to the local agency to change the registration of the work-related injury insurance. If the employer is actually contracted to operate, the liability for work-related injury insurance shall be borne by the unit where the employee's labor relationship is located.

Measures for One-time Compensation for Personnel of Illegal Employers》 Article 2 The term "illegal use of trembling shantytowns" as used in these Measures refers to employees who are injured by accidents or suffer from occupational diseases in units that do not have a business license or have not been registered or filed in accordance with the law, as well as those who have been injured by accidents or suffer from occupational diseases in units that have had their business licenses revoked or whose registration or filing has been revoked in accordance with the law, or who are disabled or killed by the use of child labor by the employer.

In the event of a work-related injury, an employee may apply to the Labor Bureau for recognition of work-related injury within the statutory time limit. However, what if the company is deregistered after the employee has a work-related injury? In this case, can the employee still be recognized as a work-related injury?

Perhaps in the following case, we can find the answer:

There are divergent opinions on whether Xiao Li's application for work-related injury determination should be accepted by the labor department

1.The view was expressed that it should not be admissible.

The reason is that the determination of work-related injury is based on the facts of the employment relationship, and it should be subject to the fact that it still continues to exist at the time of application for work-related injury determination. After the cancellation of the industrial and commercial registration of an electrical engineering company, the company no longer exists, and it is unable to carry out work-related injury determination and corresponding legal relief activities, so the labor department cannot accept Xiao Li's application for work-related injury determination. Xiao Li can claim civil liability for his work-related accident injuries in accordance with the law.

2.The view was expressed that it should be admissible.

The reason is that the facts of the labor relationship on which the determination of work-related injury is based shall be based on the time when the work-related accident occurred. If there is no labor relationship after the incident, it does not affect the determination of work-related injuries.

Analysis: The facts of the labor relationship on which the determination of work-related injury is based shall be based on the occurrence of a work-related accident rather than the application for work-related injury determination or the decision to determine work-related injury. If the enterprise is deregistered after the incident, it does not affect the determination of work-related injuries.

There is no legal basis for the argument that it should not be accepted, and in accordance with the provisions of Article 18, Paragraph 1 (2) of the Regulations on Work-related Injury Insurance and Article 6, Paragraph 1 (1) of the Measures for the Determination of Work-related Injuries, an application for recognition of work-related injury shall be submitted with supporting materials proving the existence of an employment relationship with the employer. The so-called employment relationship should be the employment relationship at the time of the work-related accident, not the employment relationship at the time of the application for work-related injury determination. In the current legal documents, there is no provision that the applicant should submit proof of the existence of an employment relationship at the time of application.

According to Article 1 of the Regulations on Work-related Injury Insurance, the primary purpose of the Regulations is to "ensure that employees who are injured in accidents or suffer from occupational diseases as a result of their work receive medical treatment and economic compensation". If the employment relationship no longer exists after the occurrence of the work-related accident, the work-related injury cannot be recognized, which will lead to the employer maliciously terminating the employment relationship with the injured employee after the work-related injury accident in order to avoid the work-related injury insurance liability, or even cancel the industrial and commercial registration as in this case. At the same time, for employees who are unable to continue working due to serious injuries or even die in the line of duty, the labor relationship with the employer has been completely severed after the occurrence of a work-related accident.

If it is said in the negative, it will make such employees completely deprived of work-related injuries.

Provide ideas and methods to save the cost of trial and error and learning time of professionals.

If the company is deregistered and fails to pay work-related injury compensation, the shareholders of the employer may be required to bear the responsibility for work-related injury compensation; If the applicant fails to apply for a work-related injury determination, the shareholder may be required to bear the liability for personal injury compensation. If the company illegally employs labor and the worker suffers a work-related injury, the unit shall give a one-time compensation to the disabled employee or the close relatives of the deceased employee, and the compensation standard shall be lower than the work-related injury insurance benefits stipulated in the work-related injury insurance regulations.

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 recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who have lost their ability to work after the evaluation of their ability to work enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.