The company does not participate in work injury insurance for employees. Who will bear the treatment of work injury?

case

Chen was engaged in equipment maintenance in a mechanical company repair workshop, signed a three -year labor contract with the company. The contract agreed to pay for labor such as monthly salary, but the company has not paid social insurance premiums for Chen.

During the contract period, Chen had an accidental injury accident during working hours. The social insurance administrative department was identified as a work injury, and was identified as a disability ten levels of disability by the labor ability appraisal committee.

Chen asked the personnel department to negotiate and asked the company to pay its one -time disability subsidy, and the personnel department did not agree with Chen's request; helplessly, Chen also asked for arbitration with the labor dispute arbitration commission of the company's location and asked the company to pay a disposable one -time Work injury benefits such as disability subsidy.

Analyze

Chen believes that during the company's work injury, he was identified as a working injury by the social insurance administrative department due to work injury. For work injury benefits such as disability subsidies, the economic loss caused by the company shall be borne by the company.

The company believes that the company does not pay social insurance premiums for Chen, but Chen's injury during his work was caused by personal violations of regulations. Chen should also have a certain responsibility. Afterwards As for the work injury treatment of Chen's work injury insurance fund, Chen should negotiate with the social security department. Therefore, Chen's request for arbitration requesting the company to pay for work injury treatment is not agreed.

After trial of the arbitral tribunal, Chen was incorporated due to the burden of work and identified as a disability ten levels during his job. Because the company did not pay social insurance premiums in accordance with the law during his job, it caused Chen to be unable to enjoy the disposable disability subsidy. Work injury treatment should be borne by the company, so Chen's request to support the company's request for working injury benefits to the one -time disability subsidy.

Ruling result

After the trial, the Arbitration Commission made a decision in accordance with the law. Enterprises should pay Chen's work injury benefits for disposable disability subsidies.

in accordance with

Article 62 of the "Regulations on Work Injury Insurance" stipulates:

In accordance with the provisions of these regulations, if employees who participate in work injury insurance and fail to participate in work -related injury insurance shall have work injury, the employer shall pay the work injury insurance benefits and standard payment fees in accordance with the provisions of these regulations.

After the employer participates in the work injury insurance and pays the work injury insurance premiums and late fees that should be paid, the industrial injury insurance fund and the employer will pay the newly incurred fees in accordance with the provisions of these regulations.

(Source: People's Daily Client of the Ministry of Human Resources and Social Security)

【Edit: Fu Sakura】

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