According to Article 4 of the "Regulations on the Administration of Declaration and Payment of Social Insurance Premiums", the employer shall submit payment declarations to the local social security agency within the prescribed time limit on a monthly basis. Within a payment year, after the employer makes the initial declaration, relevant declaration matters will occur in the remaining months.

If there are changes, the changes should be reported.

According to the case, Zhang is an employee of a coal chemical company. According to legal regulations, the coal chemical company paid social insurance for Zhang.

On December 28, 2015, Zhang was diagnosed with stage II coal workers' pneumoconiosis by the local occupational disease prevention and control hospital.

Later, Zhang applied to the local Human Resources and Social Security Bureau for recognition of a work-related injury. After investigation and review of medical record materials, the nature of his injury was determined to be a work-related injury.

In the same year, Zhang's work-related injury was identified and his labor grade was determined to be level four.

After the appraisal conclusion was made, the work-related injury insurance fund allocated a one-time disability subsidy of 34,562.43 yuan to Zhang.

However, Zhang’s average salary in the 12 months before he was diagnosed with an occupational disease was 3,411.75 yuan, and the coal chemical company only paid work-related injury insurance based on Zhang’s average monthly salary in 2014, which was 1,644 yuan, resulting in Zhang’s failure to pay the full amount.

Receive the corresponding subsidy amount.

Zhang then requested the labor dispute arbitration committee to make up for the one-time disability subsidy of 37,084 yuan.

The Labor Dispute Arbitration Commission decided not to accept the request on the grounds that it did not fall within the scope of labor dispute arbitration.

Zhang then took the case to the court as before.

After a trial, the court ruled that the coal chemical company should top up Zhang's one-time disability subsidy, and calculate and pay his allowance every month in accordance with the latest salary standards.

The lawyer analyzed that the main focus of dispute in this case is whether the work-related injury compensation can be collected when the unit fails to fully participate in insurance, and who is responsible for making up the compensation.

According to Paragraph 2 of Article 30 of the "Regulations on the Administration of Declaration and Payment of Social Insurance Premiums", if the employer fails to pay social insurance premiums in full and on time, the social insurance agency shall order it to issue a deadline within a time limit in accordance with the provisions of Article 86 of the "Social Insurance Law"

Pay or make up, and a late payment fee of 0.5% will be added on a daily basis starting from the date of overdue payment; if payment is still not made within the time limit, the social insurance administrative department will impose a fine of not less than 1 time but not more than 3 times of the overdue amount.

In fact, all the contents of the "Regulations on the Administration of Declaration and Payment of Social Insurance Premiums" clarify the employer's obligation to pay social insurance in full, but the full text explains the consequences of the employer's failure to pay or insufficient payment of social insurance to workers injured on the job.

The issue of how to fully compensate for damage has not been clarified, resulting in the lack of unified standards for various departments to deal with corresponding issues in judicial practice.

But at least one thing is certain, that is, paying social insurance in full for workers is a mandatory obligation imposed by the state on every employer. In this case, the coal chemical company was at fault for not paying social insurance in full to Zhang.

According to Paragraph 2 of Article 62 of the "Regulations on Work-related Injury Insurance", if a unit fails to purchase work-related injury insurance for its employees and a worker is injured at work, the unit shall pay according to the work-related injury insurance benefit items and standards stipulated in these regulations.

According to this, when work-related injury insurance is not paid, work-related injury insurance benefits are paid by the employer. If the employer fails to pay work-related injury insurance-related fees in full, the work-injured worker cannot obtain statutory compensation. Of course, the faulty party should also make up the difference.

This is not only liability for fault compensation, but also liability arising from the antecedent act of non-performance of legal obligations.

Therefore, in the above case, the coal chemical company should bear the responsibility to make up for the work-related injury benefits to Mr. Zhang.

Advice from lawyers Based on the above cases, workers also need to pay attention to the issue of the base of social insurance payment when a dispute arises in corporate practice due to the employer’s failure to pay the employee’s social insurance in full.

The above analysis repeatedly emphasizes the issue of employers not paying social insurance in full to workers. So how should the so-called "full amount" be understood? In other words, how can it be considered that social insurance has been paid in "full amount"?

In fact, it is very simple. The worker only needs to grasp one key issue, which is the average wage standard in the previous 12 months when the worker's injury occurred.

At the same time, the average salary shall not be lower than the minimum wage standard in the jurisdiction.

New employees or companies can declare their initial insurance base by referring to the wage standards for workers in similar positions in the same region.

The specific calculation based on the base number can be left to the work-related injury insurance fund management department for accounting.

Another point that workers need to remind workers is that if the employer fails to pay social insurance to the worker or a labor dispute arises with the employer due to insurance base issues, the case will not be accepted by the labor dispute arbitration committee.

Article 1 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (3)" stipulates that if an employee's employer fails to handle social insurance procedures for him, and the social insurance agency cannot make up for it, he will not be able to enjoy social insurance.

If a dispute arises when the employer is required to compensate losses on the grounds of insurance benefits, the People's Court shall accept the case.

Accordingly, if a dispute arises with the employer over social insurance-related benefits when the employee is injured at work or under other circumstances, he or she can directly apply for arbitration and require the employer to pay the employee or his or her immediate family the statutory full amount.

Relatives pay work-related injury insurance benefits.

Otherwise, if a dispute arises with the employer over just the insurance base, which is the carrier of the event such as loss of work-related injury, etc. and should be entitled to social insurance benefits, the employer can only complain to the labor inspection brigade in the human resources and social security department.