What should I do if the company is unwilling to make up the difference if the work related injury is

If an employee has a dispute with the employer due to a work-related injury, the employee can apply for labor arbitration to protect his rights. Go to the Labor Section of the Human Resources and Social Security Bureau for help.

In accordance with the Law on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

If the employer underreports the employee's wages and fails to pay the work-related injury insurance premiums in full, resulting in a decrease in the work-related injury insurance benefits enjoyed by the injured employee, and the injured employee claims to the employer to make up the difference, and the employer does not pay, it is a labor dispute, and the injured employee may apply for labor dispute arbitration relief.

Regulations of Guangdong Province on Work-related Injury Insurance

Article 58 Where an employer understates the wages of its employees and fails to pay the work-related injury insurance premiums in full, resulting in a decrease in the work-related injury insurance benefits enjoyed by the injured employees, the employer shall make up the difference in the work-related injury insurance benefits to the injured employees.

***。Regulations on Work-related Injury Insurance

Article 54 Any dispute between an employee and an employer concerning the treatment of work-related injuries shall be handled in accordance with the relevant provisions on the handling of labor disputes.

Labor Dispute Arbitration and Mediation Law

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal analysis: If the work-related injury insurance benefits of the injured employee are lower than the standard due to the employer's reporting of the payment of wages, the employer may request the employer to make up the difference. If the employer does not make up the difference, the labor can complain to the labor inspection brigade, and the labor inspection brigade will order the employer to pay additional compensation if the employer fails to make up the difference within the time limit; If the coordination fails, the parties will then apply for labor arbitration.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) When the labor contract is terminated or dissolved, the one-time medical subsidy that the company shall enjoy;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay 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 social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.