In China, is construction workers accident insurance a statutory compulsory insurance?

Guiding Opinions of the Ministry of Construction on Strengthening Construction Accident Insurance

1. Fully implement construction accident insurance.

According to Article 48 of the Construction Law, accident injury insurance for construction workers is a statutory compulsory insurance, and it is also an important means to protect the legitimate rights and interests of construction employees, transfer the risk of accidents of enterprises, enhance the ability of enterprises to prevent and control accidents, and promote the safety of production of enterprises.

2. On the scope of construction accident insurance.

Construction enterprises shall provide protection for the personnel engaged in construction operations and management at the construction site for personal accidents that occur during construction activities, handle construction accident insurance, and pay insurance premiums.

According to the above provisions, it can be seen that the accident injury insurance for construction workers is a statutory compulsory insurance.

We have to get the concept clear first, and we can't confuse the meaning. Let's talk about the concept of "insurance", it often refers to "commercial insurance", but often omits the word "commercial", so that some people misunderstand, such as the "Regulations on Work-related Injury Insurance", where "work-related injury insurance" does not belong to the category of commercial insurance, but belongs to the category of social insurance, it is a decree promulgated and implemented in China, so its name is "regulations" rather than "terms". The fifth clause is very clearly written, indicating that it is very different from what we ordinary people think of as "insurance".

Article 5 The administrative department of labor and social security shall be responsible for the work of work-related injury insurance nationwide. The local people's labor and social security administrative departments at or above the county level shall be responsible for the work-related injury insurance work within their respective administrative areas. The social insurance agency (hereinafter referred to as the agency) established by the labor and social security administrative department in accordance with the relevant provisions of the Ministry of Labor and Social Security specifically undertakes work-related injury insurance affairs.

Article 3 of the Act makes it clear that it is in the form of a law to collect the Insurance Act. Article 3 The collection and payment of work-related injury insurance premiums shall be carried out in accordance with the provisions of the Interim Regulations on the Collection and Payment of Social Insurance Premiums on the collection and payment of basic old-age insurance premiums, basic medical insurance premiums and unemployment insurance premiums. All of the above shows that the "Regulations on Work-related Injury Insurance" is a compulsory social insurance implemented by the state, and the "accidental injury insurance for construction workers" mentioned by "Mr. Heaven and Earth" has no relationship with "work-related injury insurance", so in China, the accidental injury insurance for construction workers does not belong to the statutory compulsory insurance.

Enterprises (i.e., employers) must have the obligation to purchase work-related injury insurance from the social labor and social security department, and there is no need to purchase accident insurance for construction workers from insurance companies. From the perspective of risk management, the construction unit can consider taking out some commercial insurance according to its own economic situation, and I provide the following suggestions: 1. Purchase "group personal accident insurance" from a life insurance company and additional medical expense reimbursement insurance, its policyholder is the group (i.e., the unit), and the insured is each employee of the unit.

2. Purchase "employer's liability insurance" from the property insurance company, the policyholder is the employer, and the insured is also the employer, which underwrites the liability of the employee for the unforeseen events that must be borne by the employer in the law during the work for the employer, and this type of insurance can also effectively protect the interests of employees. 3. Purchase "construction project installation insurance (all risks)" from property insurance companies, the coverage of this type of insurance is also relatively extensive, and it also plays a role in protecting the interests of employees. "Mr. Heaven and Earth", the employer must purchase work-related injury insurance from **, and the accident insurance for employees is voluntary by the employer, I hope I can make you satisfied!

Accident insurance for construction workers.

It is a statutory compulsory insurance based on the following criteria:

Guiding Opinions of the Ministry of Construction on Strengthening Construction Accident Insurance

1. Fully implement construction accident insurance.

According to the Building Act.

Article 48 stipulates that accident injury insurance for construction workers is a statutory compulsory insurance, and it is also to protect the legitimate rights and interests of construction industry employees and transfer enterprise accidents.

Risk, an important means to enhance the ability of enterprises to prevent and control accidents, and promote the safety of production of enterprises.

2. On the scope of construction accident insurance.

The construction enterprise shall be the construction site.

Personnel engaged in construction operations and management, personal accidents that occur in the course of construction activities.

Provide protection, apply for construction accident insurance, and pay insurance premiums.

According to the above provisions, it can be seen that the accident injury insurance for construction workers is a statutory compulsory insurance.

Construction engineering group accident insurance is a kind of life insurance, which is a commercial insurance that construction laws and regulations encourage construction enterprises to handle, and it is not a general substitute liability insurance for compulsory traffic insurance, but a commercial supplementary insurance.

Construction group insurance generally includes two parts: accidental medical treatment and accidental injury (death or disability). If the temporary builder is injured, according to the insurance contract, the scope of compensation of Baozhenxiang Insurance Company is two parts: death, disability and medical expenses, and other losses such as lost work expenses, transportation expenses, nursing expenses, and hospital meal subsidies are not within the scope of liability of the insurance company.

Construction insurance is not compulsory insurance, but it is necessary to take this insurance before the start of the project, otherwise it is not allowed to start construction.

Several Opinions on Solving the Problem of Migrant Workers (Guo Fa [2006]) put forward clear requirements for migrant workers, especially migrant workers in the construction industry, to participate in work-related injury insurance, and local labor and social security departments and construction administrative departments should thoroughly implement and accelerate the participation of migrant workers in construction enterprises in work-related injury insurance. At the same time, in accordance with the provisions of the Construction Law, accident insurance is handled for migrant workers engaged in dangerous operations on the construction site.

Answer]: a, b, e

In option C, the construction enterprise and the insurance company agree on the construction accident insurance rate according to various risk factors, and implement differential rates and floating rates. The differential rate can be linked to factors such as the scale and type of the project, the degree of risk of the project, and the environment of the construction site. The floating rate can be linked to factors such as the safety production performance and safety production management status of the construction enterprise; Option D, in view of the frequent transfer of various types of work and the large mobility of labor in the construction process of the engineering construction project, the insurance should be carried out in an anonymous and uncounted manner.

Answer]: B2021 textbook p283

Knowledge points: work-related injury insurance and accident insurance. Option A: Construction accident insurance is insured by the construction project; Option C is the right to work-related injury insurance benefits as long as the employee forms an employment relationship; Personnel who have participated in the work-related injury insurance at the location of the enterprise can still participate in the construction accident insurance when engaged in on-site construction operations; Option D: The construction unit and the insurance company agree on the insurance rate of the accidental sideburn injury of the construction personnel according to various risk factors, and implement the differential rate and the floating rate.

Answer]: c, d

This question examines part of the content of accident insurance for construction workers. a Option, Insurance Coverage: The scope of the accident insurance for construction workers should cover the project.

It refers to the accidental injuries suffered by the personnel engaged in construction operations and management for the construction site of the construction enterprise, as well as the unbridled external injuries directly caused to other personnel due to the construction of the construction site. Those who have participated in work-related injury insurance in the location of the enterprise can still participate in construction accident insurance when engaged in on-site construction. Option b, construction accident insurance is commercial insurance and is not compulsory to purchase, but the state encourages the purchase of accident insurance for personnel engaged in dangerous operations.

Option e, about insurance: Accident insurance for construction workers is insured on a project-by-project basis.

Answer]: B Construction Law stipulates that enterprises are encouraged to apply for accident insurance and pay insurance premiums for employees engaged in dangerous operations.