2. After an employee's work-related injury accident occurs, if the employer should pay the treatment of work-related injury insurance instead of paying it, it should pay in advance from the work-related injury insurance fund;
3. After the advance, the social insurance agency can recover from the employer. Of course, if the employer does not pay, employees and their close relatives have the right to submit a written application to the social insurance agency.
Legal basis: Paragraph 1 of Article 41 of People's Republic of China (PRC) Social Insurance Law. Where the employer fails to pay the work-related injury insurance premium according to law, the employer shall 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.