Article 41 of the Social Insurance Law of People's Republic of China (PRC) stipulates that if an employee fails to pay the work-related injury insurance premium according to law and an 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. Paragraph 2 of Article 6 of the Interim Measures for Advance Payment of Social Insurance Funds stipulates: After an employee is identified as a work-related injury, in any of the following circumstances, the employee or his close relatives may apply in writing to the social insurance agency for advance payment of work-related injury insurance benefits with the work-related injury identification decision and related materials: (1) The employer has its business license revoked or its registration revoked according to law; (two) the employer refuses to pay all or part of the expenses; (three) after arbitration and litigation in accordance with the law, the court still cannot obtain the treatment of work-related injury insurance, and the court issues a document to suspend the execution; (4) Other circumstances in which the employee thinks that the employer does not pay. It can be seen that the advance payment system of work-related injury insurance benefits is a guarantee for workers or their close relatives when the employer fails to pay the work-related injury insurance premiums according to law and the employer fails to pay the work-related injury insurance benefits.

Case 1: The employee applied to the court for compulsory execution, and the court found that the employer had no bank deposit, no vehicle and no real estate registration information, and ruled to terminate the execution procedure. It can be seen that the employer fails to fulfill the payment obligation determined by the effective civil judgment, and fails to do so during the period when the employee applies for compulsory execution, which belongs to the case of refusing to pay all the expenses, and conforms to the provisions of advance payment of work-related injury insurance.

Case 2: the employee applied to the court for compulsory execution, and the employer only paid part of the money, and the remaining money was not fulfilled. The court's ruling to terminate the execution procedure has the same effect as suspending the execution document. Employees are eligible to apply for advance work-related injury insurance benefits.

Judgment document