What should I do if my employer does not have work related injury insurance?

The employer did not pay work-related injury insurance premiums for the employee. Paying work-related injury insurance premiums for employees in violation of the employer's obligations stipulated in laws and regulations is violated. Therefore, the liability for work-related injury compensation must be borne in full.

Article 60 of the Regulations on Work-related Injury Insurance stipulates that if an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the labor and social security administrative department shall be responsible for making 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.

If the employer fails to pay social insurance and suffers a work-related injury, the employer shall bear all the liability for compensation, and if the employer does not admit it, it may apply to the relevant department for labor arbitration.

Regulations of the People's Republic of China on Labor Insurance.

Article 12 Provisions on the treatment of work-related injuries and disability:

A. Workers and employees who are injured at work should be treated in the medical center, hospital or special hospital of the enterprise. If the enterprise's medical center, hospital or special hospital cannot be treated, the administrative side of the enterprise or the management shall transfer it to other hospitals for treatment, and all the expenses, medicine expenses, hospitalization expenses, meals and medical expenses during hospitalization shall be borne by the administrative side of the enterprise or the employer. During the medical treatment, the salary is paid.

B. When workers and employees are determined to be disabled due to work-related injuries, they shall be paid monthly disability pension or work-related disability subsidy under labor insurance** according to the following circumstances.

1. If a person who is completely out of labor force and is unable to work and retires from his or her post and needs assistance in food and daily life, the amount of the work-related disability pension shall be 75% of his or her salary, which shall be paid until the time of death.

(2) If a person is completely incapacitated and unable to work and retires, and does not need assistance for food and daily life, the amount of the work-related disability pension shall be 60% of his or her salary, which shall be paid until the labor force is restored or he dies.

3. Workers who are still able to partially lose their labor force shall be given appropriate work by the administrative department of the enterprise or the employer, and shall be paid a work-related disability subsidy according to the extent of their loss of labor force after disability, until the time of retirement pension or death, the amount of which shall be 5 to 20 percent of their wages before they become disabled, but the total amount of their wages when they resume work shall not exceed their wages before they become disabled. The detailed measures are set out in the implementation rules.

4. The determination and modification of the disability status shall be reviewed by the Disability Review Committee. The detailed measures are set out in the implementation rules.

There is no workers' compensation insurance.

In the event of a work-related injury, the employer shall bear or compensate for all the work-related injury benefits.

When dealing with work-related injuries, you should apply to the labor and social security department for work-related injury recognition within the specified time, and then apply for disability appraisal after the work-related injury is determined and terminated.

After that, according to the level of disability that is assessed.

and other circumstances to determine the specific amount of workers' compensation for workers.

If an employee is injured in an accident, the unit to which he belongs shall, within 30 days from the date of the occurrence of the accident injury, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. If the employer fails to submit an application for recognition of work-related injury in accordance with regulations, the injured employee or his close relatives.

Within one year from the date of occurrence of the accident injury, an application for recognition of work-related injury may be submitted directly to the social insurance administrative department of the area where the employer is located. The following materials shall be submitted to submit an application for determination of work-related injury:

1. Application form for stool excavation for work-related injury identification;

2. Proof of the existence of labor relationship with the employer;

3. Medical diagnosis certificate or occupational disease diagnosis certificate.

It is the legal obligation of employers to pay social insurance, however, some enterprises do not pay social insurance or only pay social insurance to specific employees in order to save costs. If an employee suffers a work-related injury or occupational disease in the course of performing his or her work, how should the employee protect his or her legitimate rights and interests because the employer has not paid work-related injury insurance?

First of all, regardless of whether the employer has paid work-related injury insurance or not, as long as there is a work-related injury insurance accident, Heyuan must apply for work-related injury recognition within the time limit stipulated in the law. Apply for labor ability appraisal in a timely manner after the work-related injury is identified.

Secondly, according to the provisions of the Social Insurance Law, if the employer fails to pay work-related injury insurance, the work-related injury medical treatment and various work-related injury benefits shall be borne by the employer. If the employer fails to pay the medical expenses and other work-related injury benefits, the employee shall promptly initiate labor arbitration and demand the employer to fulfill the work-related injury compensation obligation through arbitration and litigation.

Finally, if the employer fails to fulfill its obligation to compensate for work-related injuries through compulsory enforcement, the employee may request the work-related injury management department to pay in advance. If the work-related injury management department refuses to pay in advance, the employee may file an administrative lawsuit and request the court to make a judgment that the work-related injury insurance shall pay in advance.

If an employee Chi Mingming's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay the code, it shall pay in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer.

Legal basis: Article 41 of the Social Insurance Law of the People's Republic of China If the employer to which the employee works fails to pay the work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

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 Huaiji social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

1. What should I do if I have a work-related injury without work-related injury insurance?

1. If there is no work-related injury insurance, the treatment method is as follows:

1) If the employee's employer fails to pay the work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits;

2) If the employer does not pay, it shall pay in advance from the work-related injury insurance**.

2. Legal basis: Article 62 of the Regulations on Work-related Injury Insurance.

If the employer is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but fails to do so, 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.

If an employee of an employer who is required to 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 that should be paid and the overdue wild god money, the work-related injury insurance shall pay the loss insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

2. Can I apply for work-related injury without work-related injury insurance?

It is usually possible to apply for a work-related injury without workers' compensation insurance. If the employer does not purchase the work-related injury, it does not affect the application for work-related injury determination, and if the employer does not apply, the employee may apply for recognition within one year.

Legal analysis: According to the laws of China, the employer shall pay the work-related injury insurance premium, and the employee shall not pay the work-related injury insurance premium. If the employer to which the employee works fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the work-related injury insurance benefits.

If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

Legal basis: 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 41.

If the employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The employee 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.

Article 63.

If the employer fails to pay the insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay or make up the premiums within a time limit.

If the employer fails to pay or make up the social insurance premiums within the time limit, the social insurance premium collection agency may inquire about its deposit account with banks and other financial institutions; They may also apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their depositary banks or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premiums to be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premiums in full and fails to provide a guarantee, the social insurance premium collection agency may apply to the people's court to seize, seal up or auction the property whose value is equivalent to the social insurance premiums to be paid, and use the auction proceeds to offset the social insurance premiums.

If the employer does not have work-related injury insurance and suffers a work-related injury, the employer shall bear all the liability for compensation in accordance with the law, as follows:

1. If the employer should participate in work-related injury insurance in accordance with the regulations but fails to do so, the labor and social security administrative department shall be responsible for making corrections;

2. If an employee of an employer suffers a work-related injury during the period when he has not participated in the work-related injury insurance, the employer shall pay the expenses in accordance with the prescribed work-related injury insurance benefits and standards

1) To apply for work-related injury identification, the application form for work-related injury recognition shall be filled;

2) A copy of the labor or employment contract or other supporting materials for the existence of labor relations with the employer, including de facto labor relations and personnel relations;

3) Post-injury diagnosis certificate or occupational disease diagnosis certificate issued by a medical institution;

3. In the event of a work-related injury accident in a unit that has not participated in work-related injury insurance, the unit shall be responsible for paying all benefits.

Legal basisArticle 17 of the Regulations 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 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.

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 or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance 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.