The Social Insurance Law establishes a system for advance payment of work-related injury insurance funds, and the "Interim Measures for Advance Payment of Social Insurance Funds" details the specific details of advance payment.
Judging from the materials required for advance payment, whether it is a work-related injury caused by a third party's infringement or an ordinary work-related injury, it is necessary to submit a work-related injury determination decision and relevant materials that the third party or the employer cannot compensate or refuses to compensate.
In other words, the work-related injury insurance fund must be paid first after the work-related injury is recognized. Therefore, after a work-related injury occurs, employees must promptly collect and organize their labor relationship certificates and issue diagnosis certificates as soon as possible to apply for work-related injury recognition and create conditions for the payment of work-related injury insurance funds.
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If the employer does not participate in work-related injury insurance, first, the employees can apply for labor arbitration or litigation and claim compensation from the employer; second, they can request the work-related injury insurance fund to pay in advance, and the work-related injury insurance fund can recover compensation from the employer.
However, what the work-related injury insurance fund pays in advance is only the items that should be paid by the work-related injury insurance benefits, such as work-related injury medical expenses, one-time disability benefits, one-time work-related injury medical benefits and work-related injury death benefits, etc., and does not include work-related injury wages.
wages, one-time disability employment subsidy, etc.
In this way, employees enjoy work-related injury insurance benefits and have an additional payment channel. Employers are not only faced with claims from injured employees, but are also more likely to face the forced allocation of work-related injury insurance funds through administrative means, and the seizure and auction of the company's property.
In a certain sense, most violations of workers' rights are caused by insufficient supervision by labor administrative departments, such as employers not signing labor contracts, not participating in social insurance, and arrears of wages.
Judging from the causes of labor disputes, more than 80% of labor disputes are wage disputes and work-related injury disputes. Judging from the reasons for the formation of disputes, as long as the labor and social security administrative departments can perform their duties and regulate the employment practices of employers, such disputes will not only significantly
Less, faster processing.
Therefore, the author has always believed that using administrative means to handle labor disputes is a better way to deal with such problems.
China Fund Morning News
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