After an employee has a work-related injury.
The employer shall bear the liability for work-related injury insurance.
Well, you know.
Secondment, separation, bankruptcy ......
These are special cases.
What should I do if I have a work injury?
This article will show you how!
If an employee establishes an employment relationship with multiple units, who is responsible for the work-related injury?
Where an employee (including part-time employees) is employed by two or more employers at the same time, each employer shall pay work-related injury insurance premiums for each employee.
In the event of a work-related injury to an employee, the employer for whom the employee worked at the time of the injury shall bear the work-related injury insurance liability in accordance with the law.
What should I do if I am injured in the event of shared employment?
If the original employer and the employing unit agree to share employment, and the employee is injured due to work during the working period of the employing unit, the original employer shall be the unit that bears the liability for work-related injury insurance, but may agree with the employing unit on compensation methods.
Seconded to work in another unit, is the original unit responsible for the work-related injury?
If an employee is seconded by the employer to another unit for work-related reasons, the original employer shall be the unit that bears the liability for work-related injury insurance, but the original employer may agree on compensation methods with the seconded unit.
What should I do if I am injured in the case of subcontracting and subcontracting?
If a contractor with the qualifications of an employing entity subcontracts or subcontracts the contracting business to an organization or natural person that does not have the qualifications of an employing entity, and the employees recruited by the organization or natural person are engaged in the contracting business due to work, the contractor shall bear the liability for work-related injury insurance.
That is to say, if the construction unit is a legally registered unit with the legal qualification of the employing entity, the construction unit shall bear the work-related injury insurance liability in the event of a work-related accident;
If a work-related accident occurs if the construction unit has not been legally registered and does not have the legal qualifications of the employing entity, the unit with the statutory qualifications of the employing entity shall bear the work-related injury insurance liability.
In the event of a division, merger or transfer of an employer, who shall bear the work-related injury insurance liability of the original employer?
Paragraph 1 of Article 43 of the Regulations on Work-related Injury Insurance clearly stipulates that if an employer is divided, merged or transferred, the successor unit shall bear the work-related injury insurance liability of the original employer; If the original employer has already participated in the work-related injury insurance, the successor unit shall go to the local agency to change the registration of the work-related injury insurance.
If the unit goes bankrupt, how to protect the rights and interests of employees who are injured at work?
According to the fourth paragraph of Article 43 of the Regulations on Work-related Injury Insurance, if an enterprise goes bankrupt, it shall pay the work-related injury insurance benefits that should be paid by the unit at the time of bankruptcy liquidation.
Specifically, for bankrupt enterprises that have participated in the insurance, the work-related injury insurance benefits that should be paid by the bankrupt enterprises to the injured employees of the enterprise in accordance with the provisions of the regulations and the expenses of work-related injury insurance premiums that should be paid (paid in a single payment) on time shall be included in the first order of repayment. For uninsured bankrupt enterprises, the expenses of various work-related injury insurance benefits stipulated in the regulations shall be borne by the enterprise, and shall be paid off in priority in the first order.
*: Shandong High Law.