Legal Gas Station The injury was determined to be a work-related injury, and after the first and second trials, he still could not enjoy the work-related injury insurance benefits, followed the lawyer's advice, applied to the social security agency for "advance payment" and was rejected, and continued to file an administrative lawsuit, losing the first and second trials, and the retrial application was not passed. Obviously the law has provisions, why do you fail repeatedly, in fact, you ignore the following points:
1. Governing Law
1. The legal norms you rely on.
Article 41 of the Social Insurance Law: If an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.
Paragraph 4 of Article 5 of the Interim Measures for Advance Payment of Social Insurance**: If an individual's employer fails to pay work-related injury insurance premiums in accordance with the law, and the basic medical insurance** does not pay in advance before the work-related injury is determined, the social insurance agency shall issue a written reminder to the employer within 3 working days, requiring the employer to pay all the medical expenses for work-related injuries in accordance with the law within 5 working daysIf the employer fails to pay within the specified time, the social insurance agency shall pay in advance with work-related injury insurance**.
2. The legal basis for a provincial high court's ruling to reject the application for retrial.
Regulations on the Handling of Work-related Injury Insurance (No. 11 of 2012 issued by the Ministry of Human Resources and Social Security), social insurance registration is a pre-procedure for the collection and payment of work-related injury insurance premiums. Based on this, it is concluded that the premise that the work-related injury insurance benefits are paid in advance from the work-related injury insurance** is that the employer has registered the work-related injury insurance for its employees.
2. Before the work-related injury is determined, the employee can enjoy the condition of paying medical expenses in advanceFor details, please refer to Article 5 of the Interim Measures for Advance Payment of Social Insurance**.
1. If the employer has paid the work-related injury insurance premium for the injured employee, and the basic medical insurance** has been paid in advance before the work-related injury is determined, the work-related injury insurance** shall be paid in advance and refunded to the basic medical insurance**.
2. If the employer has paid the work-related injury insurance premium for the injured employee, and the basic medical insurance** has not been paid in advance before the work-related injury is determined, the social security institution shall pay the work-related injury insurance** in advance.
3. If the employer has not paid the work-related injury insurance premium for the injured employee, and the basic medical insurance has been paid in advance before the work-related injury is determined, the social security institution shall urge the employer to demand it, and if the employer does not pay it within the specified time, the social security institution shall pay the work-related injury insurance in advance.
4. If the employer has not paid the work-related injury insurance premiums for the injured employee, and the basic medical insurance** has not been paid in advance before the work-related injury is determined, the social security institution shall urge the employer to pay the medical expenses. If the employer fails to pay within the specified time, the social security institution shall pay in advance with work-related injury insurance**.
3. After the work-related injury is determined, the applicant shall apply in writing to the social security agency for the payment of work-related injury insurance benefits in advance
1. The employer's business license has been revoked or its registration or filing has been revoked in accordance with the law
2. The employer refuses to pay all or part of the expenses
3. The court issues a document to suspend the execution of work-related injury insurance if the work-related injury insurance benefits are still not obtained after arbitration or litigation in accordance with the law;
4. Other circumstances in which the employee believes that the employer does not pay.
4. Conditions for applying for advance payment after the work-related injury is determined
In addition to the work-related injury insurance benefits that belong to the "life-saving money" after the injury, regardless of whether the employer has paid work-related injury insurance for the injured employee, as long as he/she isRegistered workers for work-related injury insuranceAfter the work-related injury is determined, the employer can apply to the social security agency for "advance payment" if the employer does not pay the work-related injury insurance benefits, which is the only condition recognized by the vast majority of courts.