When does the workers compensation insurance take effect?

1. What is work-related injury insurance?

Work-related injury insurance, also known as occupational injury insurance. Work-related injury insurance is a social security system that concentrates the work-related injury insurance premiums paid by employers through the method of social co-ordination, establishes work-related injury insurance, and gives workers and their practical statutory medical treatment and necessary economic compensation when they suffer accidental injuries or occupational diseases in production and business activities, resulting in death, temporary or permanent loss of working ability.

2. How long does it take for work-related injury insurance to take effect?

1. New employees are not insured in the current month. If the employer chooses to take effect in the current month when the employee is insured, the employee's work-related injury insurance will take effect at 0:00 on the next day; If the employer chooses to take effect in the following month when the employee is enrolled, the employee's work-related injury insurance will take effect at 0:00 on the first day of the following month. Remarks:

If you do not participate in the insurance payment in the current month, and choose to participate in the insurance payment in the next month.

If the employer goes through the insurance procedures for the new employee on the 15th, and the employee suffers a work-related injury on the 20th, and the employer goes to the social security bureau on the 25th to pay the work-related injury insurance premiums for the current month, then the medical treatment and compensation for the work-related injury after the 25th can be paid by the social security.

2. When a new employee joins the company, the social security has been purchased by the previous employer, and the new employer chooses to take effect in the next month after completing the insurance procedures, and the employee's work-related injury insurance will take effect at 0:00 on the next day on the day of the procedure.

3. If the employer does not participate in the insurance for the employee, and the employee suffers a work-related injury, the employer can apply to the Social Security Bureau for supplementary payment, and after supervision and verification by the Social Security Bureau, it will pay for the unpaid personnel of the whole unit for 2 years, then the work-related injury benefits after the supplementary payment can be paid by the social security.

It will take effect after six months of payment. Work-related injury insurance is one of the five insurances that the employer should pay for employees, and if it is not paid, the consequences will be borne by the unit.

Legal Analysis: Generally speaking, after an employee registers for work-related injury insurance, it takes effect the next day. However, it should also be divided into the following three situations.

If the employer applies for work-related injury insurance for the new employee in the current month, the effective time of the employee's work-related injury insurance is 0:00 on the next day. If the employer chooses the following month for the employee's work-related injury insurance to take effect, the employee's work-related injury insurance will take effect at 0:00 on the first day of the following month.

Legal basis: Article 58 of the Social Insurance Law of the People's Republic of China: "An 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 agency shall determine the social insurance premiums to be paid by the social insurance agency", which explains that the work-related injury insurance relationship shall take effect from the date on which the employer fills in the payment declaration form and the social insurance agency verifies and decides.

Legal Analysis: The effective time of work-related injury insurance is from the date on which the employer pays the work-related injury insurance premium. However, if a new employee joins the company and does not participate in the insurance in the current month, and the employer chooses to take effect in the current month when the employee is insured, the employee's work-related injury insurance will take effect at 0:00 on the next day.

If the employer fails to insure the employee, the employee suffers a work-related injury, and the employer can apply to the Social Security Bureau for supplementary payment, and after supervision and verification by the Social Security Bureau, the employer shall pay the unpaid expenses for 2 years for the employees who should be paid by the whole unit. Therefore, the time of entry into force should be determined in accordance with the above provisions.

Legal basis: Regulations on Work-related Injury Insurance

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.

Article 4 The employer shall publicize the relevant information of the participation in the work-related injury insurance in the closed oak guess of the employer. Employers and employees shall abide by the laws and regulations on work safety and the prevention and treatment of occupational diseases, implement safety and health regulations and standards, prevent the occurrence of work-related accidents, and avoid and reduce the hazards of occupational diseases. When an employee suffers a work-related injury, the employer shall take measures to ensure that the injured employee receives timely treatment.

Article 5 The social insurance administrative department is responsible for the work-related injury insurance work nationwide. The local people's social insurance 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 social insurance administrative department in accordance with the relevant provisions of the social insurance department specifically undertakes work-related injury insurance affairs.

Work-related injury insurance usually takes effect from the date on which the employer pays the work-related injury insurance premium. Employers shall pay work-related injury insurance premiums on time. Individual employees do not pay work-related injury insurance premiums. The amount of work-related injury insurance premiums paid by an employer is the product of the total wages of its employees multiplied by the employer's contribution rate.

1. How is work-related injury insurance calculated?

The method of calculating work-related injury insurance: the total amount of work-related injury insurance premiums paid by the employer = the total salary of the employees of the employer and the product of the employer's contribution rate. The employer shall pay the work-related injury insurance premiums on time, and the work-related injury insurance** shall be composed of the work-related injury insurance premiums paid by the employer, the interest of the work-related injury insurance** and other funds included in the work-related injury insurance** in accordance with the law.

2. Is there a limit to the number of years of payment for work-related injury insurance benefits?

There is no limit to the number of years of payment of work-related injury insurance benefits, and in principle, employees can enjoy them when they participate in insurance. The employer shall pay work-related injury insurance premiums according to the total wages of its employees and the rate determined by the social insurance agency. The social insurance agency shall determine the employer's contribution rate based on the employer's use of work-related injury insurance**, the incidence rate of work-related injury and the rate grade of the industry to which the employer belongs.

3. What are the contents of the work-related injury insurance system?

Content of the work-related injury insurance system: The employer shall pay the work-related injury insurance premium according to the total salary of the employee of the unit and the rate determined by the social insurance agency, and the employee shall not pay the work-related injury insurance premium; If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits; Other.

Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred as a result of work-related injuries shall be paid from work-related injury insurance in accordance with the provisions of the state:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the state: (1) wages and benefits during the work-related injury period; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.