Migrant workers are injured, why is the company reluctant to assess the work related injury?

There may be two situations: 1. The employer does not pay work-related injury insurance for migrant workers, in which case the work-related injury insurance benefits will be borne by the employer; 2. Due to the strong mobility of migrant workers, the employer is unwilling to bear the expenses that should be borne by the employer, such as the salary for the period of suspension of work, one-time disability employment subsidy, etc.

Legal basis: Regulations on Work-related Injury Insurance

Article 62 Where an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, 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.

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

Article 37 Where an employee is assessed as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits:

2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Generally, unscrupulous enterprises are reluctant to assess work-related injuries because it will increase the burden on the enterprise (in layman's terms, it will cost a lot of money).

If it is determined that it is a work-related injury, the company needs to pay the following types.

1. Medical expenses, 2. Food allowance, 3. Transportation and accommodation expenses, 4**** expenses, 5. Assistive device expenses, 6. Suspension of work, 7. Nursing expenses, 8. Disability expenses or work-related death expenses.

Summary. Hello dear and honored to answer your <>

Based on your question [what should I do if the migrant worker injury company does not compensate], the following is the result of my analysis for you from a legal point of view: <>

If the company does not compensate the migrant worker who is injured on the job, he or she can defend his or her rights in accordance with the following steps: first apply for a work-related injury determination; make a decision on the determination of work-related injuries; Negotiation between the parties; If the negotiation fails, apply to the labor dispute arbitration commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she shall file a lawsuit with the court.

What should I do if the migrant worker injury company does not compensate.

Hello dear and honored to answer your <>

Based on your question [what should I do if the migrant worker injury company does not compensate], the following is the result of my analysis for you from a legal point of view: <>

If the company does not compensate the migrant worker who is injured on the job, he or she can defend his or her rights in accordance with the following steps: first apply for a work-related injury determination; make a decision on the determination of work-related injuries; Negotiation between the parties; If the negotiation fails, apply to the labor dispute arbitration commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she shall file a lawsuit with the court.

Article 5 of the Labor Dispute Mediation and Arbitration Law provides that 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. <>

If it is considered to be a work-related injury, you can apply for a work-related injury determination, and only if it is recognized as a work-related injury can you claim work-related injury compensation, and the following is the work-related injury determination procedure:

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

First of all, please go to the labor department where your employer is located to apply for work-related injury identification, and then apply to the labor department for disability level appraisal after the work-related injury is made, and then apply to the labor arbitration institution for labor arbitration after the results are out. If neither party files a lawsuit within the time limit set by the arbitral award, the arbitral award will take effect, after which you may apply to the court of competent jurisdiction for enforcement if your employer fulfills the arbitral award.

You have been informed of the complete rights protection procedure, and you can consult a professional lawyer or the local labor department for specific matters.