How to compensate workers for work related injuries if they do not help them buy work related injury

All costs are borne by the business. However, the injured person must report the work-related injury.

Since the enterprise does not buy work-related injury insurance, it is very likely that it will not declare the work-related injury, and at this time, it can only be declared by the individual, please refer to the "Work-related Injury Identification Procedure" for the specific process.

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.

After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

Apply to the labor department for work-related injury recognition first, and then apply for labor ability appraisal if it may constitute disability. Finally, according to the specific situation, the company is required to compensate for various expenses.

Based on the worker's injury, it is best to conduct a work-related injury appraisal, and then compensate according to the level of disability with reference to the "Work-related Injury Insurance Regulations", because the work-related injury insurance is not purchased, the cost can only be borne by the unit itself, so as to avoid the employee from initiating arbitration.

Determination of work-related injuries] The Regulations on Work-related Injury Insurance stipulate that if an employee is injured in an accident, the employer shall submit an application for work-related injury recognition to the labor and social security department within 30 days from the date of occurrence of the accident.

If the employer does not submit an application for recognition of work-related injury, the injured employee, his or her immediate family members, or the trade union organization may directly apply to the labor and social security department where the employer is located for recognition of work-related injury within one year from the date of occurrence of the accident injury.

The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for work-related injury recognition (collected by the local labor department);

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate (including copies of outpatient medical records, emergency medical records, and inpatient medical records);

Within 60 days from the date of receipt of the application for work-related injury determination, the labor and social security department shall issue a "Work-related Injury Determination" and notify the unit, the employee or his or her relatives. Employees can apply for work-related injury disability appraisal and enjoy work-related injury benefits with the "Work-related Injury Certificate".

It shall be implemented in accordance with the national "Regulations on Work-related Injury Insurance". All expenses are incurred by the unit.

Legal analysis: If an employee suffers a work-related injury without purchasing work-related injury insurance, the injured employee can first apply to the labor department for work-related injury identification, and then apply for labor ability appraisal if it may constitute disability. Finally, according to the specific situation, the company is required to compensate for various expenses.

The main compensation items include: medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies and other reasonable expenses for ** and **, as well as income reduced due to lost work.

Legal basis: Regulations of the People's Republic of China on Work-related Injury Insurance Article 2 Enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms and other organizations within the territory of the People's Republic of China and individual industrial and commercial households with employees (hereinafter referred to as "employers") shall, in accordance with the provisions of these Regulations, participate in work-related injury insurance and pay work-related injury insurance premiums for all employees or employees (hereinafter referred to as "employees") of the unit.

If you don't have a work-related injury determination, it's not a work-related injury. If a work-related injury is identified, a work-related injury certificate will be issued. Then apply to the Labor Bureau for the Intermediate Grade of Work-related Injury and Disability. After the results of the appraisal are in. All compensation shall be borne by the employer.

Summary. Article 38 of the Labor Law of the People's Republic of China stipulates that if an employer fails to pay social insurance premiums for an employee in accordance with the law, the employee may terminate the labor contract.

Secondly, it also stipulates that if a worker terminates a labor contract in accordance with Article 38 of this Law, the employer shall pay economic compensation to the employee. Severance compensation is based on the number of years the worker has worked in the employer, and one month's salary is paid for each full year.

The company does not buy insurance for workers, but it is not how to compensate for work-related injuries.

Article 38 of the Labor Law of the People's Republic of China stipulates that if an employer fails to pay social insurance premiums for an employee in accordance with the law, the employee may terminate the labor contract. Secondly, it is also stipulated:

If a worker terminates a labor contract in accordance with the provisions of Article 38 of this Law, the employer shall pay economic compensation to the person who has been searched for labor experience. Severance compensation is based on the number of years the worker has worked in the employer, and one month's salary is paid for each full year.

It is not legal for a company to not buy insurance for its employees. General principles for employers to pay social insurance: 1

The employer shall, within 30 days from the date of establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The social insurance agency shall, within 15 days from the date of receipt of the application, review and issue a social insurance registration certificate; 2.If there is a change in the social insurance registration items of the employer or the termination of the social insurance registration by the employing bureau in accordance with the law, it shall, within 30 days from the date of change or termination, go to the social insurance agency to change or cancel the social insurance registration; 3.

The employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance registration is not completed, the social insurance premiums that should be paid shall be verified by the Tongnoisy social insurance agency; 4.Employers shall declare and pay social insurance premiums in full and on time, and shall not defer or reduce or reduce social insurance premiums unless due to force majeure or other statutory reasons.

The social insurance premiums to be paid by the employee shall be withheld and paid by the employer, and the employer shall inform the employee of the details of the social insurance premiums paid on a monthly basis; 5.The employer fails to declare the social insurance premiums that should be paid in accordance with the regulations.