1, provided that the injuries suffered by employees fall within the scope of work-related injuries. If it is not a work-related injury, the principle of advance payment from the work-related injury fund cannot be used;
2. After an employee's work-related injury accident occurs, if the employer should pay the treatment of work-related injury insurance instead of paying it, it should pay in advance from the work-related injury insurance fund;
3. After the advance, the social insurance agency can recover from the employer. Of course, if the employer does not pay, employees and their close relatives have the right to submit a written application to the social insurance agency.
If the employer fails to pay the work-related injury insurance premium according to law and an industrial accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund. The industrial injury insurance benefits paid in advance from the industrial injury insurance fund shall be repaid by the employer. If the employer fails to repay within the time limit, the social insurance agency may recover the compensation according to the regulations.
legal ground
Paragraph 1 of Article 41 of the Social Insurance Law of People's Republic of China (PRC) stipulates that the employer where the worker works fails to pay the work-related injury insurance premium according to law, and if a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund.