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What if the company refuses to pay work-related injury benefits after the work-related injury is identified?
What if the company refuses to pay work-related injury benefits after the work-related injury is identified? Because Article 4 1 of the Social Insurance Law stipulates: "If an employee's employer fails to pay the work-related injury insurance premium according to law, the employer will pay the work-related injury insurance benefits if an accident occurs. 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. In view of the fact that the company in this case can't pay you in a short time, it is decided that you can apply for an advance payment. At the same time, Article 7 of the Interim Measures also stipulates the procedure of advance payment by the industrial injury insurance fund, namely: "After receiving the application from employees or their close relatives, the social insurance agency shall issue a written reminder notice to the employer within three working days, requiring it to verify and pay the industrial injury insurance benefits according to law within five working days, and inform it that if it fails to pay in full and on time within the prescribed time limit, the industrial injury insurance fund will obtain the right to demand repayment after paying in advance according to regulations." Identification method of work-related injury Work-related injury is the abbreviation of work-related injury as opposed to non-work-related injury. Previously, due to institutional reasons, cadres and workers of state organs and institutions in China were usually disabled due to work-related injuries. The current Regulations on Work-related Injury Insurance has been applied to employees of ordinary institutions, and work-related injuries only exist in civil servants of state organs, institutions and social organizations managed with reference to the Civil Service Law. Other workers who have formed labor relations with state organs, institutions and social organizations managed with reference to the Civil Service Law are still applicable to the identification of work-related injuries. Subject of application for work-related injury identification (1) The employer applies for work-related injury identification: When a worker suffers an accident injury or is diagnosed and identified as an occupational disease according to the Regulations on the Prevention and Control of Occupational Diseases, the employer shall apply for work-related injury identification according to law, which is its legal obligation. (2) The injured employee or his immediate family member or trade union organization applies for work-related injury identification: If the employer fails to apply for work-related injury identification within the prescribed time limit, the injured employee or his immediate family member or trade union organization may directly apply for work-related injury identification according to law. Accordingly, this kind of application must meet a prerequisite, that is, the employer has not filed an application for work-related injury identification within the prescribed time limit. Non-employees who have accident injuries or are diagnosed and identified as occupational diseases according to the provisions of the Law on the Prevention and Control of Occupational Diseases may directly apply for work-related injury identification by the injured employees or their immediate family members or trade unions. It is a civil right, not an obligation, for injured employees or their immediate family members to directly apply for work-related injury identification on this occasion. At the same time, the law authorizes trade unions to apply for work-related injury identification and safeguard the legitimate rights and interests of workers with work-related injuries. If the boss refuses to bear the relevant expenses, you can file labor arbitration and related litigation with the employer, and then confirm the work-related injury after confirming the existence of labor relations with the employer. And claim compensation according to the level of work injury, such as medical expenses, paid downtime, one-time disability benefits, etc. And if the labor contract is not signed within one year, the monthly salary will be doubled for more than one month and less than one year. If you don't pay overtime and social security in full, you can also claim together. To sum up, we can see that after the work-related injury is confirmed, if the employer refuses to pay compensation, it can apply for labor arbitration and related litigation, demanding compensation for medical expenses, suspension of work with pay and one-time disability allowance. In addition, after a single work-related injury is identified, you should apply for labor ability appraisal, and the labor ability appraisal Committee will determine the disability level according to the specific injury, and then enjoy the corresponding work-related injury treatment according to the disability level.