The conditions for applying for advance payment include two situations. First, Article 42 of the Social Insurance Law stipulates that if a work-related injury is caused by a third person, and the third person fails to pay the medical expenses for the work-related injury or cannot identify the third person, the work-related injury insurance fund shall pay in advance. After the industrial injury insurance fund is paid in advance, it has the right to recover from the third party. The other is stipulated in article 4 1 of the law, and the employer fails to pay the work-related injury insurance premium according to law; In the event of an industrial accident, the employer shall pay the industrial injury insurance benefits. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund.

Legal objectivity:

"Interim Measures for Advance Payment of Social Insurance Funds" Article 5 After receiving an application submitted by an individual according to Article 4, the social insurance agency shall review the situation that the individual has obtained the basic medical insurance fund and work-related injury insurance premium advanced by the employer, and deal with it separately according to the following situations: (1) If the employer who works for an individual has paid the work-related injury insurance premium according to law before the work-related injury is recognized, and the basic medical insurance fund has paid it first, The social insurance agency shall, in accordance with the relevant provisions of industrial injury insurance, use the industrial injury insurance fund to pay the medical expenses that exceed the part paid in advance by the basic medical insurance fund, and refund the expenses paid in advance to the basic medical insurance fund.