Mr. M, Judy's accident insurance customer, hit his knee on the table leg during work, and there was no broken skin and bleeding at that time, so Mr. M didn't care, and later found that the calf was swollen and congested from the collision position down to the sole of his foot, so Mr. M contacted me and said that he wanted to see a doctor, and saidKnowing the situation, ask if the accident insurance you bought before can be reimbursed.
Mr. M purchased an accident insurance for 150 yuan, and finally settled all his accidental medical expenses caused by the collision.
However, Mr. M's accident occurred during working hours and was a work-related injury.
At that time, when the customer visited the doctor, the doctor said that he should try to lie down and rest for about a week, and put his legs flat to help the absorption of congestion, but the customer was worried that his salary would be deducted because he was worried about taking leave for rest, and the leader was not satisfied, so he took half a day off to go to the hospital, and went to work in the afternoon after seeing the doctor.
In real life, there are many people who, like my clients, are obviously injured at work, and they also need to "take leave" to seek medical treatment, and go to work with injuries.
In this minor work-related injury, the company did not take the initiative to stand up and take its own responsibility. Employees don't want to lose their jobs and give up their right to recuperate and rest. Mr. M's work-related injuries were relatively minor and did not involve disability or death, but if a major work-related injury occurred in such a company, would the company take active responsibility?It's hard to say, some will, and some may not.
Article 2 of the Regulations on Work-related Injury Insurance states that enterprises have the responsibility to provide work-related injury insurance to their employees, but in reality, it does not exist.
Article 14 of the Regulations on Work-related Injury Insurance stipulates that seven circumstances shall be recognized as work-related injuries. Article 15, the three circumstances shall be regarded as work-related injuries. Judy's client was injured in an accident during working hours and in the workplace due to work-related reasons, so it was a work-related injury, but he did not receive the corresponding work-related injury compensation and treatment, but solved it by purchasing accident insurance by himself.
It is also not known whether Mr. M's employer has purchased work-related injury insurance for its employees, but the employer has not actively taken responsibility.
Article 62 of the Regulations on Work-related Injury Insurance stipulates that if an employer fails to provide employees with work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations. If the employer does not provide work-related injury insurance to employees, it must not only bear the responsibility for employees' work-related injuries, but also the standards must be consistent with the requirements of work-related injury insurance regulations. Some employers give their employees a group insurance and think that it can replace work-related injuries, but in fact, it is not.
In our view, the insured of group insurance is an employee of the unit, and the compensation is directly transferred to the employee's account after the accident, and the money into the employee's account is not the work-related injury compensated by the unit, and the group insurance does not include occupational diseases, lost work expenses and legal litigation costs. If an employee is injured and unable to work, does the company need to pay for lost time?Need. If an employee has an occupational disease and needs to suspend work to receive medical treatment for work-related injuries, does the company need to pay wages?Yes. Employees are unable to take care of themselves after a work-related injuryIf you still need care, does the company need to be responsible?Yes. These group insurance does not matter, but the regulations on work-related injury insurance clearly state that the employer needs to be responsible. Therefore, group insurance cannot replace work-related injuries.
However, for occupational diseases, lost time pay, and legal costs, employer's liability insurance is covered. The insured of the employer's liability insurance is the enterprise, and if the employee of the enterprise suffers a work-related injury, the compensation goes directly to the company's account, and then the company compensates the employee in the name of the company, which is a supplement to the work-related injury insurance.
Therefore, after reading the regulations on work-related injury insurance, as an enterprise, you should recognize your own responsibilities, fulfill your responsibilities when employees have work-related injury risks, and transfer their employment risks through work-related injury insurance and employer's liability insurance. As an employee of an enterprise, do not give up protecting your legitimate rights and interests for fear of losing your job, and promote the illegal behavior of the enterprise.