Legal basis: Article 4 1 of the Social Insurance Law of People's Republic of China (PRC): "If an employee fails to pay the work-related injury insurance premium according to law, 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. Work-related injury insurance benefits paid in advance from the work-related injury insurance fund shall be paid by the employer. If the employer fails to provide it, the social insurance agency may claim compensation in accordance with the provisions of Article 63 of this Law. "
Work-related injury insurance fund refers to a special fund established by the state through legislation and legal procedures in order to establish a work-related injury insurance system, so that workers with work-related injuries can get timely assistance and enjoy work-related injury insurance benefits, and it is an integral part of social insurance fund.
Principles to be followed
On the one hand, the basic needs of disabled workers must be guaranteed, such as medical services, surgical treatment fees, short-term living expenses, long-term pensions and survivors' pensions. On the other hand, whether the source of funds and the rate standard are feasible should not only reflect fairness, but also consider the economic affordability of employers and countries, and enterprises should not be forced to raise product prices and reduce market competitiveness because of paying insurance premiums.
The industrial injury insurance fund is mainly composed of three parts:
First, the employer pays fees according to law;
Second, interest;
Three, financial subsidies and other funds incorporated according to law.
Social insurance law
Article 33 Employees shall participate in work-related injury insurance, and the employer shall pay the work-related injury insurance premium, while employees shall not pay the work-related injury insurance premium.
Regulations on industrial injury insurance
Article 7 The work-related injury insurance fund consists of the work-related injury insurance premium paid by the employer, the interest of the work-related injury insurance fund and other funds incorporated into the work-related injury insurance fund according to law. Article 12 Work-related injury insurance funds shall be deposited in the financial special account of social security funds to pay for work-related injury insurance benefits, labor ability appraisal, publicity and training on work-related injury prevention and other work-related injury insurance fees as stipulated by laws and regulations.
Specific measures for the proportion, use and management of work-related injury prevention expenses shall be formulated by the administrative department of social insurance of the State Council in conjunction with the departments of finance, health administration and safety production supervision and management of the State Council.
No unit or individual may use the industrial injury insurance fund for investment, operation, construction or decoration of office space, bonus payment or other purposes. "
If you participate in work-related injury insurance, the money comes from the work-related injury insurance fund and is paid by the labor and social security departments. It will take about 30 days if the materials are complete. If you don't give it to you, you can complain to the labor and social security department, because as long as you meet the work-related injury regulations, the labor and social security department will definitely pay it. If it doesn't reach you, it must be deducted by the unit.