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The Labor Bureau will verify the investigation, and if it does not meet the facts, it will not give you a determination. If it is a crime to cheat insurance. After accepting an application for work-related injury determination, the administrative department for animal security may investigate and verify the accident injury according to the needs of the review, and the employer, employee, trade union organization, medical institution and relevant departments shall assist.
The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases. The labor and social security administrative departments shall no longer conduct investigation and verification of those who have obtained occupational disease diagnosis certificates or occupational disease diagnosis and appraisal certificates in accordance with the law. If the employee or his or her immediate family members believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.
Article 58 Where an employer conceals the total amount of wages or the number of employees, the administrative department for labor and social security shall order it to make corrections and impose a fine of not less than one time but not more than three times the amount of wages concealed. Where an employer, an injured employee or his or her immediate family members fraudulently obtains work-related injury insurance benefits, or a medical institution or assistive device allocation institution fraudulently obtains work-related injury insurance expenses, the labor and social security administrative department shall order a refund and impose a fine of not less than 1 time but not more than 3 times the amount fraudulently obtained; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law. Article 59 In any of the following circumstances, an organization or individual engaged in the appraisal of labor ability shall be ordered to make corrections by the administrative department for labor security and shall be fined not less than 2,000 yuan but not more than 10,000 yuan; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
1) Providing false appraisal opinions; (2) Providing false diagnosis certificates; (3) Accepting property from a party.
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Concealment of facts is a type of insurance fraud.
Fraudulently obtaining social security insurance by concealing facts, falsifying evidence and other means is insurance fraud, and a fine of 2-5 times shall be imposed. where a crime is constituted, criminal responsibility is pursued.
Social Insurance Act
Article 88: Where social insurance benefits are obtained by fraud, falsification of supporting materials, or other means, the social insurance administrative department shall order the return of the social insurance money obtained by fraud and impose a fine of not less than two times but not more than five times the amount obtained by fraud.
Article 94: Where violations of the provisions of this Law constitute a crime, criminal responsibility is pursued in accordance with law.
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As a result of falsely reporting work-related injury insurance fraud, the social insurance administrative department will generally order a refund and impose a fine of not less than 2 times but not more than 5 times the amount fraudulently obtained; where the circumstances are serious and a crime is constituted, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 10,000 and 100,000 RMB is to be given.
Legal basis
Article 60 of the Regulations on Work-related Injury Insurance.
Where an employer, an injured employee or his close relatives fraudulently obtains work-related injury insurance benefits, or a medical institution or an assistive device allocation institution fraudulently obtains work-related injury insurance expenditures, the social insurance administrative department shall order it to be refunded and impose a fine of not less than 2 times but not more than 5 times the amount fraudulently obtained; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
Criminal Law Article 198 (1) to (3).
In any of the following circumstances, where insurance fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 10,000 and 100,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB is to be given
1) The policyholder deliberately fabricates the subject matter of insurance and defrauds the insurance money;
2) The policyholder, the insured or the beneficiary fabricates false reasons for the occurrence of the insured accident or exaggerates the extent of the loss, and defrauds the insurance money;
3) The policyholder, the insured or the beneficiary fabricates an insurance accident that has not occurred to defraud the insurance money.
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Legal Analysis: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
Legal basis: Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.
Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.
**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.
The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.
Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.
If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
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Summary. Dear, hello, there is no work-related injury insurance, there will be no insurance fraud, the premise of defrauding work-related injury social insurance is to pay social insurance, and there will be no insurance fraud if there is no social insurance. Obtaining work-related injury insurance benefits by fabricating the facts of work-related injuries, forging or altering supporting materials, etc., is an act of insurance fraud.
If there is no work-related injury insurance, will there be insurance fraud?
Dear, hello, there is no work-related injury insurance, there will be no insurance fraud, the premise of defrauding work-related injury social insurance is to pay social insurance, and there will be no insurance fraud if there is no social insurance. Obtaining work-related injury insurance benefits through fabricating work-related injury facts, forging or altering the head to carry supporting materials, etc., is an act of insurance fraud.
Fell and cracked bones during work, but the age is over 60 years old, there is no work-related injury insurance, the fall type pure rent is a case that says fall at work, the other party changed it to a fall through the relationship, and asked us to use rural medical insurance for reimbursement, and we have negotiated the follow-up compensation issue.
You are not involved in insurance fraud, because you are already in your 60s, and you can't pay social security for employees, so it's okay to go to the rural medical office.
If you are worried about insurance fraud, you can ask the other party to bear the full cost of this part
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Legal analysis: Falsely reporting the facts, obtaining compensation from work-related injury insurance, is a fictitious work-related injury, defrauding work-related injury insurance ** illegal and criminal acts, the social insurance administrative department should recover the defrauded money, and impose a fine of 2 to 5 times the amount of fraud, constituting the crime of fraud, criminal responsibility shall be investigated according to law.
Legal basis: Article 60 of the Regulations on Work-related Injury Insurance Article 60 Where an employer, an injured employee or his close relatives fraudulently obtains work-related injury insurance benefits, or a medical institution or an assistive device allocation institution fraudulently obtains work-related injury insurance expenditures, the social insurance administrative department shall order it to return it and impose a fine of not less than two times but not more than five times the amount fraudulently obtained; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
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False reporting of facts, obtaining work-related injury insurance compensation is a fictitious work-related injury facts, fraudulent work-related injury insurance ** illegal and criminal acts, the social insurance administrative department should recover the defrauded money, and impose a fine of 2 to 5 times the amount of fraud, constituting the crime of fraud, criminal responsibility shall be investigated in accordance with law.
1. What are the consequences of a witness to a work-related injury who testifies untruthfully.
The consequences of false testimony of a witness to a work injury are as follows:
1. Those who forge or defraud work-related injury insurance shall bear legal responsibility;
2. Where social insurance benefits are obtained by fraud, forgery of supporting materials or other means, the social insurance administrative department shall order the refund of the social insurance money obtained by fraud and impose a fine of not less than two times but not more than five times;
3. Where the amount of insurance fraud is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 10,000 and 100,000 RMB is to be given;
4. Where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB is to be given.
2. Will the work-related injury appraisal be fake?
Legal responsibility for falsification of work-related injury identification.
1. The social security department can criticize and educate it, and if the circumstances are serious, it will be investigated for its responsibility according to law, and if it violates national laws and regulations, it will be handed over to the public security organ according to law and investigated for criminal responsibility;
2. Article 56 of the "Regulations on Work-related Injury Insurance" If a unit or individual misappropriates work-related injury insurance in violation of Article 12 of these Regulations, which constitutes a crime, it shall be investigated for criminal responsibility in accordance with law; where a crime is not constituted, sanctions or disciplinary sanctions are to be given in accordance with law. The misappropriated ** shall be recovered by the social insurance administrative department and incorporated into the work-related injury insurance**; Confiscated illegal gains shall be turned over to the state treasury in accordance with law. Article 57: In any of the following circumstances, the staff of the social insurance administrative departments shall be given sanctions in accordance with law; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
1) Failing to accept an application for work-related injury determination without a legitimate reason, or fraudulently identifying a person who does not meet the conditions for work-related injury as an employee with an injured injury;
2) Failure to properly keep the evidentiary materials for the determination of work-related injuries, resulting in the loss of relevant evidence;
(3) Accepting property from a party.
Article 58: Where the handling agency commits any of the following acts, the social insurance administrative department shall order it to make corrections, and give disciplinary sanctions to the directly responsible managers and other responsible personnel in accordance with law; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law. If the economic losses of the parties are caused, the handling agency shall bear the liability for compensation in accordance with the law
1. Failing to keep records of employers' contributions and employees' enjoyment of work-related injury insurance benefits in accordance with regulations;
2. Failure to verify work-related injury insurance benefits in accordance with regulations;
3. Accepting property from a party.
To sum up, work-related injury appraisal fraud generally does not occur because the appraisal requires three to five appraisers, and it also needs to go through some rigorous appraisal procedures. But counterfeiting is not entirely impossible.
Article 60 of the Regulations on Work-related Injury Insurance Article 60 If an employer, an injured employee or his close relatives fraudulently obtains work-related injury insurance benefits, or a medical institution or assistive device allocation institution fraudulently obtains work-related injury insurance expenditures, the social insurance administrative department shall order it to return it and impose a fine of not less than two times but not more than five times the amount fraudulently obtained; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
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Falsely reporting the facts, obtaining compensation from work-related injury insurance, is a fictitious work-related injury facts, defrauding work-related injury insurance ** illegal and criminal acts, should be recovered by the administrative department of social insurance to recover the defrauded money, and imposed a fine of 2 to 5 times the amount of fraud, constituting the crime of fraud, criminal responsibility shall be investigated according to law. Legal basis: Article 60 of the Regulations on Work-related Injury Insurance Article 60 Where an employer, an injured employee or his close relatives fraudulently obtains work-related injury insurance benefits, or a medical institution or an assistive device allocation institution defrauds work-related injury insurance expenses, the social insurance administrative department shall order a refund and impose a fine of not less than two times but not more than five times the amount fraudulently obtained; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
Article 41 of the Social Insurance Law: "If an employee'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, it shall be paid in advance from the work-related injury insurance**. >>>More
You can go to the social security network to find out.
Employee workers' compensation insurance is paid.
"Management expenses." >>>More
Legal analysis: If an employee dies of a work-related injury, his relatives can receive: funeral subsidy, pension for dependent relatives and one-time work-related death subsidy. >>>More
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. >>>More