Case Analysis (20): Who should cover their work-related injury insurance?
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This post was last edited by slll611 on 2016-4-10 at 17:13. Case: A construction site began operations, and before the main workers arrived to start work there, the construction company temporarily hired people like Yu from the \"Road Labor Market\" to carry out tasks related to leveling the site. The employer agreed with Yu and the others on a working period of three to five days, with a daily wage of 50 yuan per person. On the day work began, due to a lack of safety training and the absence of personnel from the hiring party who had experience in construction to provide guidance, Yu was unfortunately crushed under a damaged wall while trying to push it aside, resulting in a disability. Due to the short duration of employment, the employers failed to enroll these individuals in social insurances such as those for work-related injuries. After covering part of the medical expenses, the employer will no longer be responsible for Yu’s disability allowance or other work-related injury benefits. The reason is that the working hours are short, and no labor relationship exists between the employer and Yu. Yuanfang, what do you think we should do?
Work-related injuries are causally independent; as long as an injury occurs during working hours, at the workplace, and as a result of work, it should be considered a work-related injury. In accordance with Article 14, Paragraph 1, Item 1 of the Regulations on Work-related Injury Insurance, if an employee suffers an injury due to work reasons during working hours and in the workplace, such injury shall be recognized as a work-related injury. In accordance with the provisions of the Regulations on Work-related Injury Insurance, the dispatch company shall submit an application for work-related injury recognition to the labor security administration department (Labor Bureau) in the jurisdictional area within 30 days from the date of the accident or the date on which you were diagnosed. If the dispatch company is unwilling to file an application for work-related injury recognition, the worker can also, within 1 year from the date of the accident or the date of diagnosis, directly submit an application for work-related injury recognition to the labor security administration department in the jurisdiction where the dispatch company is located. After the labor security administration department issues a decision confirming the work-related injury, the worker’s medical expenses are covered by the work injury insurance fund. If the employment agency fails to pay the work-related injury insurance premiums on your behalf, then, after the labor security authorities issue a decision recognizing the injury as work-related, in accordance with Article 92 of the Labor Contract Law, the employment agency and the employer shall bear joint and several liability for any damages suffered by the dispatched worker. The worker’s medical expenses shall be covered by both the employment agency and the employer, who share joint and several responsibility for compensation.
Yu’s case is considered a work-related injury, so it should be covered by the employer. The second floor provided very detailed information
Yu’s case is considered a work-related injury, so it should be covered by the employer.
Yu’s case is considered a work-related injury, so it should be covered by the employer.
Labor relations cannot be determined by the length of time one has been employed. Article 7 of the Labor Contract Law stipulates that an employer establishes a labor relationship with an employee as of the date of employment. There is no difference between long-term and short-term workers here. As long as an employment relationship is established between the employer and the employee, the employer shall, in accordance with Article 2 of the Regulations on Work-related Injury Insurance and Article 33 of the Social Insurance Law, pay work-related injury insurance for the employee. In the event of an injury at work that occurs despite the obligation to pay for work-related injury insurance, the employer shall bear the liability for compensating the worker for the injury, in accordance with Article 62 of the Regulations on Work-Related Injury Insurance and Article 41 of the Social Insurance Law.
Yu’s case is considered a work-related injury, so it should be covered by the employer
Since there is an actual employment relationship, it should be the employer who bears the cost.
Yu’s case is considered a work-related injury, so it should be covered by the employer.