If the employer's place of registration is inconsistent with the actual place of work, there will be a situation of non-local employment, so the question arises: in which area should the non-local employee participate in work-related injury insurance? Where is a work-related injury recognized after it occurs? Where is it identified? Pay the treatment according to the standard of **? The professional legal counsel of the legal insurance network will give you the answer!
The location of the work-related injury of the non-local worker
It is not uncommon for non-local dispatch, non-local business, and non-local construction to occur, and the primary problem is to clarify where to identify work-related injuries in remote employmentCan the place where the labor is actually provided be the place of production and business operation as prescribed by law, and the place of jurisdiction for the determination of work-related injuries?
Let's look at a real-life example:
Zhang had an employment relationship with a construction company in Weifang from July 21, 2020 to November 30, 2020, but did not sign a labor contract and did not pay social insurance premiums. August 27, 2020Zhang was working on the construction site of a 4S store in Gaomi City, and was accidentally injured by a wooden board falling from the upper floorThe injuries are severe.
Later, Zhang applied to the Gaomi Municipal Human Resources and Social Security Bureau for recognition of work-related injuriesLocal Social Security BureauOn May 18, 2021, a decision was made to determine the work-related injuryIt was determined that Zhang's injury was a work-related injury
The construction company argued that Zhang's work-related injury determination should be made by the labor administrative department in Xiashan District, Weifang City, where the company was registeredThe Gaomi Municipal Human Resources and Social Security Bureau had no jurisdiction over the case, so soFiled a lawsuit with the court to revoke the relevant work-related injury determination decision.
After trial, the court held thatThe business scope of the construction company includes construction projectsThe construction site of a 4S store in Gaomi City should be the production and operation site of the construction company, and the local social security bureau has jurisdiction over the determination of work-related injuries in this caseIf Zhang had a work-related injury accident there, he should be identified as work-related injury in Gaomi City.
There is a saying about the determination of work-related injuries
The determination of work-related injury is a prerequisite for compensation, which is related to the employer and the employeeOnly by accurately understanding and applying the relevant regulations will not affect the legal realization of the rights and interests of work-related injury insurance.
According to the relevant provisions, the circumstances that should be recognized as work-related injuries are:
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Injured in an accident during working hours and in the workplace due to work-related reasons;
Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;
Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
Suffering from occupational diseases, such as pneumoconiosis, occupational radiation sickness, occupational poisoning, occupational diseases, occupational diseases caused by physical and biological factors, etc.;
During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;
Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible while commuting to or from work;
Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
The circumstances that are considered to be work-related injuries are:
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Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed;
being harmed in activities to safeguard national interests and public interests, such as emergency rescue and disaster relief;
Originally served in the army, disabled due to war and duty injuries, has obtained the revolutionary disabled military certificate, and was injured after arriving at the employer.
Circumstances in which work-related injuries shall not be recognized or treated as work-related injuries:
Intentional crime, drunkenness or drug abuse, self-harm, or suicide.
Attention should be paid to off-site employment
For general workers and migrant workersAccording to the relevant regulations, the place of registration of the employer and the place of production and operation are not in the same overall planning areaIn principle, employees should be insured for work-related injury insurance in the place of registration；Employees who have not participated in work-related injury insurance in the place of registrationThe employer may participate in work-related injury insurance for the employer at the place of production and operation
For dispatched employees,According to the Interim Provisions on Labor DispatchIn principle, the applicant should be enrolled in the place of dispatchThe specific provisions are as follows: if a labor dispatch entity dispatches workers across regions, it shall participate in social insurance for the dispatched workers at the location of the employing unit; Where a labor dispatch unit establishes a branch office in the place where the employing unit is locatedThe branch will handle the insurance procedures for the dispatched workers；The labor dispatch unit has not set up a branch office in the place where the employing unit is locatedThe employer shall go through the insurance procedures for the dispatched worker on behalf of the labor dispatch unit
Employees and migrant workers who have participated in work-related injury insurance are injured in accidents or suffer from occupational diseasesIdentification of work-related injuries and appraisal of labor ability shall be carried out in the place of insuranceand enjoy work-related injury insurance benefits in accordance with the provisions of the place of insurance. Employees and migrant workers who have not participated in work-related injury insurance in the place of registration and the place of production and business operation shall, after being injured in an accident or suffering from an occupational diseaseIdentification of work-related injuries and appraisal of labor ability shall be carried out at the place of production and operationand in accordance with the provisions of the place of production and operation, the employer shall pay work-related injury insurance benefits in accordance with the law.
More considerations
The employer shall commence the date on which the employee is injured in an accident or is diagnosed or appraised as an occupational diseaseWithin 30 days, submit an application for work-related injury recognition to the social insurance administrative department of the coordinating region。If there are special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department. If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit, the injured employee, his or her close relatives and trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located. If the time limit for applying for work-related injury determination is exceeded due to reasons not attributable to the employee or his/her close relatives, the time delayed shall not be counted in the time limit for applying for work-related injury determination, except for the above-mentioned circumstances, the employee or his/her close relativesIf the application for recognition is made after more than one year, there is a risk that the relevant departments will not accept the application for work-related injury determination
In short, in the process of daily production and operation, the company not only formulates perfect safety norms and publicizes laws and regulations related to safety production, but also to:Pay social insurance for workers and provide necessary protective equipmentThrough different forms of safety education, we can enhance employees' ability to prevent and deal with accidents and ensure the safety of employees.
For more work-related injury problems, you can pay attention to Shangrao Legal Insurance Network (Shouxin Guolu), create an exclusive legal department, and accept the legal guidance of a professional legal teamPay attention to local policies anytime and anywhere, understand the latest laws and regulations, and strengthen the awareness of legal managementControl risks and reduce disputes