Enquiring knowledgeable people Inquisitive education Hospital Treasury

What are the provisions of the state on advance compensation for work-related injuries?

home page

What are the provisions of the state on advance compensation for work-related injuries?


        

Submit answer
Favorable reply
  • 2024-06-10 09:00:49

    According to Article 41 of the Social Insurance Law, if the employer where the employee works fails to pay the work-related injury insurance premium according to law, and an work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer fails to pay, it shall pay in advance from the industrial injury insurance fund. The work-related injury insurance benefits paid in advance from the work-related injury insurance fund shall be repaid by the employer. If the employing unit fails to repay, the social insurance agency may claim compensation in accordance with the provisions of Article 63 of this Law.

    List of contents of this article:

    1. What are the national provisions on the advance payment of work-related injuries? 2. Is it OK for the company to violate the provisions on terminating the labor contract with pregnant women?

    What are the national provisions on advance payment for work-related injuries

    1. Article 41 of the Social Insurance Law

    If the employer to which the employee belongs fails to pay the work-related injury insurance premium according to law, and an work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer fails to pay, it shall pay in advance from the industrial injury insurance fund.

    The work-related injury insurance benefits paid in advance from the work-related injury insurance fund shall be repaid by the employer. If the employing unit fails to repay, the social insurance agency may claim compensation in accordance with the provisions of Article 63 of this Law.

    2. Article 62 of the Regulations on Industrial Injury Insurance

    If an employer fails to participate in the work-related injury insurance as required by these Regulations, the social insurance administrative department shall order it to participate in the work-related injury insurance within a time limit, make up the payable work-related injury insurance premium, and charge an overdue fine of 5/10000 per day from the date of default; If it still fails to pay within the time limit, it shall be fined not less than one time but not more than three times the amount of arrears.

    If an employee of an employing unit who is required to participate in industrial injury insurance but fails to participate in industrial injury insurance according to the provisions of these Regulations suffers from industrial injury, the employing unit shall pay the expenses according to the treatment items and standards of industrial injury insurance as prescribed by these Regulations.

    After the employer participates in the industrial injury insurance and makes up the payable industrial injury insurance premium and overdue fine, the newly incurred expenses shall be paid by the industrial injury insurance fund and the employer in accordance with the provisions of these Regulations.

    3. Article 6 of Interim Measures for Advance Payment of Social Insurance Fund

    If the employer to which the employee belongs fails to pay the work-related injury insurance premium according to law, and an work-related injury accident occurs, the employer shall take measures to treat the accident in a timely manner, and pay the fees according to the specified work-related injury insurance treatment items and standards.

    After an employee is identified as an industrial injury, if he or she has one of the following circumstances, the employee or his or her close relatives may apply in writing to the social insurance agency to pay the industrial injury insurance benefits in advance with the industrial injury identification decision and relevant materials:

    (1) The business license of the employer is revoked or its registration or record is cancelled according to law;

    (2) The employing unit refuses to pay all or part of the expenses;

    (3) The court has issued a document to suspend the execution of industrial injury insurance after arbitration or litigation according to law;

    (4) Other circumstances under which the employee thinks the employer will not pay.

    Is it OK for the company to violate the provisions of terminating the labor contract with pregnant women?

    If the company cannot dismiss a pregnant employee, and the employee has one of the following circumstances according to Article 42 of the Labor Contract Law, the employer shall not terminate the labor contract according to the provisions of Article 40 and Article 41 of this Law:

    (1) The workers engaged in the operations exposed to occupational disease hazards have not undergone the pre departure occupational health examination, or the suspected occupational disease patients are under diagnosis or medical observation;

    (2) Those who suffer from occupational diseases or work-related injuries in their own units and are confirmed to have lost or partially lost their ability to work;

    (3) Illness or non work related injury within the prescribed medical treatment period;

    (4) A female worker is in the period of pregnancy, childbirth or lactation;

    (5) Having worked continuously in the unit for 15 years or more, and less than five years from the statutory retirement age;

    (6) Other circumstances stipulated by laws and administrative regulations.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

  • other Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):