The parties may require the industrial injury insurance fund to pay in advance. Paragraph 2 of Article 62 of the Regulations on Work-related Injury Insurance stipulates: "If an employee who is required to participate in work-related injury insurance according to the provisions of this Ordinance suffers from work-related injuries, the employer shall pay the expenses according to the treatment items and standards of work-related injury insurance stipulated in this Ordinance." In other words, the employer is directly responsible for the work-related injuries of the employees who have not participated in the work-related injury insurance, but this does not mean that the workers have no way to claim compensation if the employer refuses to pay compensation or cannot pay compensation. Because Article 4 1 of the Social Insurance Law stipulates: "If the employer where the worker is located fails to pay the work-related injury insurance premium according to law, the employer will pay the work-related injury insurance benefits in case of an accident. 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. " According to the second paragraph of Article 6 of the Interim Measures for the Advance Payment of Social Insurance Funds, if the employer refuses to pay all or part of the expenses, the employee or his close relatives may apply in writing to the social insurance agency for the advance payment of work-related injury insurance benefits with the work-related injury determination decision and related materials. In other words, workers who encounter "nobody cares" work-related injuries can apply for the work-related injury insurance fund to pay in advance. If the company fails to pay the compensation according to the regulations after the employee suffers a work-related injury, the rights can be protected according to the following steps: 1. First, the applicant is a work-related injury identification enterprise, and applies for work-related injury identification within 30 days from the date when an employee has an accident or is diagnosed and identified as an occupational disease. The employee, as the applicant, shall, within 1 year from the date of accident injury or the date of diagnosis and identification of occupational disease. Reminder: If the enterprise fails to apply for work-related injury identification within the specified 30 days, the injured employee must remember to apply for work-related injury identification within 1 year. 2. The administrative department of labor security shall make a decision on work-related injury identification within 60 days from the date of accepting the application for work-related injury identification. 3. The employer shall bear the burden of proof if the employee or close relatives think that the work-related injury belongs to the work-related injury when the unit denies it. If the employer has no strong proof, it shall admit the work-related injury. 4. If the unit and the victim or the victim's family can sit down and negotiate, the two sides will negotiate the amount and scope of compensation. The unit has fulfilled its obligation of compensation, and the victim does not need to go through other procedures. 5. If both parties fail to reach an agreement through consultation, the laborer may apply to the labor arbitration committee where the employer is located for arbitration, and the decision not to bring a lawsuit to the court shall be obeyed. 6. If the victim refuses to accept the arbitration award, he may bring a lawsuit to the people's court within 15 days.
Legal objectivity:
Article 236 of the Civil Procedure Law: The parties must perform legally effective civil judgments and orders. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution. Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.