Original title: How to protect the rights of employees who have not paid work-related injury insurance due to work-related injuries.
Xihai *** News (Xihai Quan** reporter Ji Guifang correspondent Chen Yuanhua) work-related injury insurance is a protective shield for the safety of employees, which can protect the legitimate rights and interests of employees injured at work, and it is the legal obligation of employers to pay work-related injury insurance for employees. However, there are still some employers who have a fluke mentality and do not pay work-related injury insurance for their employees. Recently, the People's Court of Haidong Mutual Aid Tu Autonomous County concluded a dispute over work-related injury insurance benefits.
In 2021, Xiao Lu went to work at the construction site of the Dazhuang Tunnel of Ninghu Expressway contracted by a labor service contractor in Fujian, and the work content was to erect safety arches in the tunnel. On April 1, 2021, the two parties signed a supplementary labor contract, which stipulated a monthly salary of 6,000 yuan, but did not pay work-related injury insurance to Xiaolu. On May 14, 2021, when Xiao Lu was working in the tunnel, he was accidentally injured in the waist by a soil block falling from the top of the tunnel, and was sent to the Mutual Aid County Hospital of Traditional Chinese Medicine for diagnosis and treatment, and was transferred to Qinghai Provincial People's Hospital ** due to serious injuries, and was diagnosed with a compression fracture of the lumbar vertebra and a fracture of the left vertebral plate of the lumbar 3rd vertebra. It was determined that he was injured in the line of duty, with a grade 8 disability and no nursing dependence.
After the disability level was determined, the plaintiff and the defendant failed to negotiate compensation, and Xiao Lu applied to the arbitration commission for a ruling. However, both parties were dissatisfied with the ruling of the labor dispute arbitration institution and filed a lawsuit with the People's Court of Mutual Aid County.
The court of first instance made a judgment that the plaintiff, a labor service in Fujian, should pay the defendant Xiaolu 72,000 yuan of wages for the period of suspension of work, a one-time disability subsidy of 66,000 yuan, a one-time medical subsidy for work-related injuries of 63,000 yuan, a one-time disability employment subsidy of 63,000 yuan, a labor ability appraisal and inspection fee of 604 yuan, and a review fee of 206 within 30 days after this judgment takes effect41 yuan, a total of 264,81041 yuan. The other claims of the defendant Xiaolu were rejected, and all the claims of the plaintiff Fujian Labor Service were rejected.
A labor service in Fujian Province was dissatisfied with the first-instance judgment and appealed, and the second-instance court rejected the appeal and upheld the original judgment.
The Regulations on Work-related Injury Insurance stipulate that if an employee is injured in an accident and the employer fails to submit an application for work-related injury recognition in accordance with the regulations, the injured employee, his close relatives or trade union organizations may, within one year from the date of the accident, directly submit an application for work-related injury recognition to the social insurance administrative department of the area where the employer is located. The Regulations on Work-related Injury Insurance stipulate that if an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.
The judge reminded that the majority of workers should enhance their legal awareness, and in the event of a work-related accident, they should pay attention to retaining evidence materials that can prove the existence of labor relations with the employer (such as labor contracts, registration forms, attendance sheets, salary schedules, work permits, work clothes, etc.), and that the accident was caused during working hours or due to work-related reasons, and apply for work-related injury recognition within the time limit prescribed by law, so as to better protect their legitimate rights and interests.
*: West Sea***