Original title: The enterprise's registration place is different from the business place, and the compensation standard for work-related injury is controversial (subject)

The judge pointed out that in principle, employees should participate in work-related injury insurance at the place of registration. If they do not participate, they should pay relevant benefits according to the provisions of the place of business (subtitle)

CAMCE News (Worker's Daily - CAMCE reporter Wu Duosi intern Gong Shuyu) The employer's registration place is different from the place of operation, and neither place has paid industrial injury insurance. What standard should be used to compensate for industrial injury? Recently, the Intermediate People's Court of the Sixth Division of Xinjiang Production and Construction Corps made a final judgment that the company should pay the work-related injury insurance benefits to Mr. Li according to the relevant provisions of the production and operation place.

On December 3, 2019, Mr. Zheng borrowed the qualification of a company in Pang, Inner Mongolia, and signed an agreement with an aluminum company in Xinjiang to be responsible for the purchase, shipment and cleaning of waste aluminum oxide powder container bags, with a period from December 1, 2019 to February 29, 2020.

"I have been working in the workshop of the aluminum company since March 2018. After Pang contracted the project, I joined the company. My salary was paid by Zheng, but no written labor contract was signed and no work-related injury insurance was paid." Li said that on January 16, 2020, he fell from a height while working in the workshop and was diagnosed with multiple fractures, After discharge, he did not return to work in Pangmou Company.

After being injured, Mr. Li applied to the Labor and Personnel Dispute Arbitration Institute of the Sixth Division of Xinjiang Production and Construction Corps for arbitration, requesting confirmation of the existence of labor relations with Mr. Pang. At the same time, he appealed to the People's Court of Jiuyuan District, Baotou City, Inner Mongolia Autonomous Region, where he was registered. Both places confirmed the existence of labor relations.

On January 5, 2022, Mr. Li was identified as Grade 8 disabled, so he applied for arbitration to the Labor and Personnel Dispute Arbitration Court of the Sixth Division, which ruled that Mr. Pang would pay his various subsidies and medical expenses.

Pang refused: "The compensation standard of Li should be based on the social average wage of Baotou City." So he appealed to the People's Court of Wujiaqu Reclamation Area of Xinjiang Production and Construction Corps.

The court of first instance held that the labor relationship between Mr. Li and Mr. Pang was confirmed by an effective judgment, and the company did not pay Mr. Li industrial injury insurance. Mr. Li had the right to claim various industrial injury insurance benefits from the company, and the company was judged to pay more than 280000 yuan for industrial injury benefits and other costs.

Pang refused and appealed.

The court of second instance held that Pang did not pay the work-related injury insurance premium for Li in the place of business, nor did it pay the premium in Baotou City, Inner Mongolia, where it was registered. Referring to the relevant provisions of the Xinjiang Production and Construction Corps on work-related injury insurance, Li was identified as a Grade 8 disability, and Pang should pay a one-time disability subsidy (11 months) and a one-time work-related injury medical subsidy (8 months) to Li, One time disability employment subsidy (18 months). The actual salary amount of Li was not confirmed in the civil judgment of the People's Court of Jiuyuan District, Baotou City, Inner Mongolia Autonomous Region, and Pang's company did not provide further evidence. Therefore, Pang's company should pay a one-time disability subsidy of 63118 yuan to Li and a one-time medical subsidy of 45904 yuan for work-related injuries, calculated with reference to the average monthly salary of 5738 yuan of the employees of the Xinjiang Production and Construction Corps in the overall planning area, One time disability employment subsidy is 103284 yuan.

The trial judge said that if the registration place of the employer and the production and operation place are not in the same overall planning area, in principle, the employer should participate in work-related injury insurance for employees in the registration place. The employees who have not participated in the industrial injury insurance shall be identified for industrial injury and labor capacity in the place of production and business operation, and the employer shall pay the industrial injury insurance benefits according to the regulations of the place of production and business operation.