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Work-related injury insurance is implemented when it is determined to be a work-related injury. The employer must sign a labor contract with the employee, and if it is not signed, the company will first be subject to administrative penalties. Work-related injury insurance is one of the insurances that the company must give to employees, and if the work-related injury insurance is not paid, the employer must make up the payment and be subject to administrative penalties.
Accident insurance is an additional commercial insurance provided by the employer to employees, and it is not required to participate.
In this example, if the employee does not have work-related injury insurance, the cost of the work-related injury will be borne by the enterprise; If you are enrolled in work-related injury insurance, then the social security institution pays for it. The accident insurance in which the unit participates in addition, so that the commercial insurance company pays for the excess, which is a supplementary medical treatment measure for the medical part of the unit, and is the welfare part of the unit to the employees.
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Work-related injury insurance is an integral part of the social security system established by the first company, and is one of the types of social insurance, and personal accident insurance is a kind of commercial insurance. The main differences between them are:
1) The purpose of insurance is different. Work-related injury insurance is not for profit, but provides medical security and basic living security for employees injured at work and their surviving family members after an employee is injured or injured due to an occupational disease resulting in disability or death. The purpose of work-related injury insurance is to protect the legitimate rights and interests of injured employees, decompose the risks of enterprises, and maintain social stability.
Personal accident insurance of commercial insurance companies seeks to maximize profits by taking profits as the purpose of insurance.
2) Insurance is implemented differently. Work-related injury insurance is enforced by national legislation, and according to the Regulations on Injury Insurance, employers within the scope of application must participate. However, the implementation of personal accident insurance is voluntary, and both the policyholder and the insurer sign the insurance contract on a voluntary basis, following the principle of freedom of contract.
3) The items and levels of insurance are different. Work-related injury insurance benefits are based on the level of social and economic development and affordability, and the standards are formulated by **. When paying work-related injury insurance benefits, the basic living needs of the injured workers and their dependents should be taken into account.
Therefore, in terms of the project, it has both one-time and long-term treatment, which reflects the basic protection of injured employees and dependent relatives. The insured amount of personal accident insurance is agreed between the insurer and the policyholder, and when an insured accident occurs, the insurer pays a lump sum insurance payment according to the amount specified in the contract. The level of protection is based on the contract and the amount of insurance premiums paid by the policyholder.
4) The management system of insurance is different. Work-related injury insurance is managed by the labor and social security department (social insurance institution), and the rights and obligations of insurance belong to the adjustment of social insurance laws and regulations. Personal accident insurance is managed by the commercial insurance company of the financial unit, and the rights and obligations of the insurance fall within the scope of adjustment of the Contract Law and the Commercial Insurance Law.
Therefore, work-related injury insurance is a first-class behavior, while personal accident insurance is a commercial behavior. The type of medical and health institution to carry out occupational diseases is a diagnosis activity carried out by medical and health institutions that have obtained the qualification for diagnosing occupational diseases in accordance with the Law on the Prevention and Treatment of Occupational Diseases and the relevant laws, regulations and standards for the diagnosis of occupational diseases.
According to the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases, employees can choose to diagnose occupational diseases in medical and health institutions that are approved by the people's health administrative department at or above the provincial level and have the qualifications to diagnose occupational diseases in the place where the employer is located or where they live.
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Accidental injury commercial insurance refers to a life insurance contract in which the insurer bears the responsibility of paying insurance money in accordance with the agreement when the insured suffers bodily injury or disability or death due to accidental reasons.
Social insurance work-related injury insurance is mainly death and disability compensation, only the unit with 5 insurance will have this protection, the employee dies on the job, his immediate family members in accordance with the following provisions from the work-related injury insurance ** to receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies.
Difference Between Workmen's Compensation Insurance and Commercial Insurance:
1. The work-related injury insurance in the social security is basically paid after the company becomes regular, and the scope of protection is the accident that occurs during work or on the way to and from work.
2. The specific reimbursement of work-related injury insurance and commercial accident insurance should be based on the accident situation of the employee and the insurance situation, and the general principle is that the total reimbursement cost is 100%, that is, not more than the actual cost spent.
3. Social security work-related injury insurance is a group insurance, and the handling department is the Ministry of Human Resources.
4. Work-related injury and commercial accident insurance both refer to accidents, but do not include hospitalization.
5. If there is an accident in the company, the head of the human resources department or the human resources assistant must be notified as soon as possible, and the human resources department is responsible for contacting the company insured by accident insurance to handle the relevant procedures for the injured employees in a timely manner.
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The reimbursement rate of work-related injury insurance is high. Advantages over commercial insurance!
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Commercial insurance and work-related injury insurance are both a type of insurance, but they are different in terms of compulsory payment and insurance nature, and their differences are:
1. The nature of insurance is different. Commercial insurance is insurance underwritten by an insurance company; Work-related injury insurance is underwritten by the national social security.
2. Mandatory is different. Commercial insurance is purchased by the employer for the employee, and is compulsory with voluntary fees; Work-related injury insurance is mandatory for employers.
3. The applicable requirements of insurance laws are different. The applicable law of commercial insurance is the Insurance Law of the People's Republic of China, which shall be implemented in accordance with the provisions of the Insurance Law; The applicable law for work-related injury insurance is the Social Insurance Law of the People's Republic of China, which shall be implemented in accordance with the requirements of the Social Security Law.
4. The compensation unit is different. Commercial insurance is paid by the contracted insurance company; The work-related injury insurance is paid by the work-related injury insurance** in the social insurance.
1. Characteristics of work-related injury insurance.
1. The scope of work-related injury insurance is workers in the process of production and labor. Since occupational hazards are ubiquitous and ubiquitous, no one can completely avoid occupational injuries. Therefore, work-related injury insurance is applicable to all employees as an insurance system against occupational hazards, and any employee who suffers from work-related accidents or occupational diseases should receive work-related injury insurance benefits without exception.
2. The liability of work-related injury insurance is compensatory. In other words, workers' rights to life and health, survival and labor have been affected, damaged or even deprived. Therefore, work-related injury insurance is a social insurance system established based on the liability for compensation for injured employees, and other social insurance is established based on the responsibility to help employees in their living difficulties and compensate for their living difficulties.
The unified exclusive work-related injury insurance scheme is fully connected with social security, and the compensation for the one-time disability employment subsidy is supplemented.
3. Work-related injury insurance implements the principle of no-fault liability. Regardless of whether the liability for the work-related accident is attributable to the employer, the employee or a third party, the employer shall bear the insurance liability.
4. Work-related injury insurance is different from endowment insurance and other types of insurance, and the employee does not pay insurance premiums, and all expenses are borne by the employer. That is, the policyholder of work-related injury insurance is the employer.
5. The treatment of work-related injury insurance is relatively generous and the standard is high, but it varies due to different work-related accidents.
6. As a social welfare, work-related injury insurance has richer protection content than commercial accident insurance. In addition to accidental injuries at work, it also includes reimbursement for occupational diseases, insurance benefits for sudden death due to acute diseases, and funeral benefits (death due to work-related injuries).
2. Principles that should be followed in work-related injury insurance.
Work-related injury insurance is guided by the following ten principles:
1. The principle of no-liability compensation (no-fault compensation);
2. National legislation and enforcement principles;
3. The principle of risk sharing, mutual assistance and mutual assistance;
4. The principle of individual non-payment;
5. Distinguish between work-related and non-work-related principles;
6. The principle of combining economic compensation with accident prevention and occupational disease prevention and control;
7. The principle of combining one-time compensation with long-term compensation for mold molds;
8. The principle of determining the level of disability and occupational diseases;
9. The principle of distinguishing between direct economic loss and indirect economic loss;
10. The principle of centralized management.
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The difference between work-related injury insurance and commercial accident insurance is mainly reflected in the following aspects: (1) Different purposes 1. Work-related injury insurance as a kind of social insurance is compulsory by the state, and enterprises must participate. 2. Employer's liability insurance and personal accident insurance are commercial insurance, and employers can voluntarily choose to participate.
3. Work-related injury insurance is not for the purpose of profit, but is a social security measure implemented by the company, which is the medical security and basic living security provided to the victims or their surviving families after the injury, disability and death of the employees of the enterprise after the occurrence of work-related accidents or occupational diseases. 4. The commercial insurance company is established to pursue profit maximization. (2) Different insurance objects 1. The implementation objects of work-related injury insurance are all kinds of casual workers of all enterprises, including employees in the construction, mining, metallurgical and other industries with great risk, as long as they have labor relations with enterprises that are subject to work-related injury insurance, they are all subject to work-related injury insurance.
Therefore, the relationship between the insured and the enterprise of work-related injury insurance is an employment relationship. 2. The object of the implementation of commercial insurance is any person who meets the conditions stipulated in the insurance contract, and the relationship between the insurer and the insured is an equivalent exchange relationship, and the rights and obligations of both parties arise according to the insurance contract. Although anyone who meets the conditions stipulated in the insurance company's contract can take out insurance, the insurance company may, for its own benefit, not accept enterprises and employees with great occupational hazards to participate in personal accident insurance.
Therefore, the scope of its implementation is very limited compared with the scope of work-related injury insurance.
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1. The work-related injury insurance in the social security is basically paid after the company becomes regular, and the scope of protection is the accident that occurs during work or on the way to and from work;
2. The specific reimbursement of work-related injury insurance and commercial accident insurance should be based on the employee's accident and insurance situation, and the general principle is that the total reimbursement cost is 100%, that is, it does not exceed the actual cost;
3. Social security work-related injury insurance is a group insurance, and the handling department is the Ministry of Human Resources. Work-related injury and commercial accident insurance both refer to unexpected situations that occur, but do not cover hospitalization due to illness;
Fourth, if the company has an accident when the person is waiting, must notify the head of the human resources department or the human resources assistant as soon as possible, and the human resources department is responsible for contacting the company insured by accident insurance to handle the relevant procedures for the injured employees in a timely manner.
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What is the difference between workers' compensation insurance and commercial personal accident insurance? The difference between work-related injury insurance and commercial personal accident insurance is that the purpose of insurance is different, the implementation object is different, the implementation method is different, the **** is different, the level of protection is different, and the management system is different. Let me introduce them to you one by one.
1. The purpose of insurance is different.
Work-related injury insurance is a social security measure implemented by the first class, its purpose is to protect the legitimate rights and interests of injured workers, in order to properly handle accidents and resume production, maintain normal production and living order, and maintain social stability. Personal accident insurance is for the purpose of making profits, that is, commercial insurance companies set up this type of insurance in order to maximize profits.
2. The implementation objects are different.
The implementation object of work-related injury insurance is all kinds of employees of enterprises and institutions, and the relationship between the insured of work-related injury insurance and enterprises and institutions is a labor relationship; Personal accident insurance is implemented against any person who meets the conditions stipulated in the insurance contract, and the relationship between the insurer and the insured is an equivalent exchange relationship, and both parties have rights and obligations according to the insurance contract.
3. The implementation methods are different.
The implementation of work-related injury insurance is mandatory, and it is a social insurance that the social insurance management agency must participate in in accordance with the relevant laws of the state, and the enterprises and institutions that are the objects of implementation must participate; Personal accident insurance is implemented on a voluntary basis. Zhihong.
4. **** is different.
Work-related injury insurance is the insurance premium paid by the employer according to a certain rate determined by the employer, and the individual employee does not pay the insurance premium, and the enterprise can include this insurance premium in the cost. When the insurance** is insufficient to meet the required insurance benefits, the people in the co-ordinated area will pay in advance; Personal accident insurance is the insurance premium paid by the policyholder in accordance with the relevant provisions of the insurance contract, and the state does not give any subsidy to commercial insurance companies.
5. The level of protection is different.
The level of protection of work-related injury insurance is determined unilaterally according to the level of economic development of the whole society and the affordability of all aspects. Work-related injury insurance is a basic insurance, generally speaking, the level of protection it provides is only to protect the basic living needs of workers and their families, which is higher than the social poverty line and lower than the wage standard during the working period; The level of protection provided by personal accident insurance is determined by the insurance contract signed between the insurer and the insured and the amount of insurance premiums paid by the policyholder.
6. The management system is different.
Work-related injury insurance is managed by the labor and social security department or social insurance institution authorized by the state, and is a kind of ** behavior; Personal accident insurance, on the other hand, is managed by commercial insurance companies in the financial system and is a commercial practice.
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