What if the industrial injury company fails to compensate according to the regulations?
If the employer fails to pay the compensation or underpays the compensation after the worker suffers a work-related injury, the worker needs to apply to the administrative department of labor and social security for work-related injury identification within one year, and will generally get the work-related injury identification result within 60 days. After obtaining the result of work-related injury identification, workers can choose to negotiate with the employer to agree on the scope of compensation and strive for legitimate rights and interests; If negotiation fails, you can choose a local arbitration institution for arbitration. If you are dissatisfied with the arbitration structure, you can bring a lawsuit to the people's court. In addition, employees with work-related injuries or their close relatives have the right to apply to the work-related injury insurance fund for the current payment of work-related injury insurance benefits based on the work-related injury identification results. Legal basis: Article 38 of the Social Insurance Law of People's Republic of China (PRC), the following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund according to state regulations: (1) medical expenses and rehabilitation expenses for treating work-related injuries; (2) Hospitalization food subsidy; (3) coordinating the transportation and accommodation expenses for medical treatment outside the region; (four) the cost of installing and configuring assistive devices for the disabled; (5) people who can't take care of themselves. Living nursing expenses confirmed by the labor ability appraisal committee (VI) One-time disability allowance and monthly disability allowance received by disabled employees of Grade I to IV (VII) One-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved (VIII) Funeral subsidy, dependent relative pension and work-related death subsidy received by survivors of work-related deaths (IX) Labor ability appraisal fee. Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with state regulations: (1) wages and benefits during the treatment of work-related injuries; (two) the monthly disability allowance for disabled workers of Grade 5 and 6; (3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved. Article 41 Where an employee's employer fails to pay work-related injury insurance premiums according to law, and a work-related injury accident occurs, the employer shall pay 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, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.