How to pay for work-related injuries without buying social security

Employers have purchased work-related injury insurance, and workers can still enjoy work-related injury insurance benefits; If the employer fails to purchase work-related injury insurance, the workers need to safeguard their rights and interests through negotiation, mediation or litigation.

First, employers buy work-related injury insurance.

Although employees have not purchased social security, but the employer has purchased work-related injury insurance according to law, employees can still enjoy work-related injury insurance benefits when they have work-related injuries. At this time, the laborer should report the work-related injury to the employer in time, and the employer should apply to the social security department for work-related injury identification. Once identified as a work-related injury, workers will receive compensation for medical expenses, work-related injury allowance and one-time disability allowance in accordance with the relevant provisions of the Regulations on Work-related Injury Insurance.

Two, the employer did not buy work-related injury insurance.

If the employer doesn't buy work-related injury insurance, then the compensation problem for workers with work-related injuries becomes complicated. First of all, workers should report work-related injuries to the employer as soon as possible and ask the employer to bear the corresponding liability for compensation. If the employer refuses to take responsibility, the employee may apply to the local labor dispute mediation committee for mediation, or directly file a labor arbitration with the labor arbitration institution.

In the process of labor arbitration or litigation, workers need to provide sufficient evidence to prove that they have a labor relationship with the employer and have been injured because of their work. If the laborer can prove these facts, the labor arbitration institution or the court will judge the employer to bear the corresponding compensation responsibilities, including payment of medical expenses, work injury allowance, disability compensation, etc.

It should be noted that because the employer has not purchased work-related injury insurance, the compensation process for workers may be more complicated and long, and it will take more time and energy to safeguard their rights and interests.

To sum up:

When a worker who has not bought social security has a work-related injury, his compensation mainly depends on whether the employer has bought work-related injury insurance. If the employer has purchased work-related injury insurance, workers can still enjoy work-related injury insurance benefits; If the employer fails to purchase work-related injury insurance, the workers need to safeguard their rights and interests through negotiation, mediation or litigation.

Legal basis:

Regulations on industrial injury insurance

Article 62 provides that:

If the employer fails to participate in work-related injury insurance in accordance with the provisions of this Ordinance, the social insurance administrative department shall order it to participate within a time limit, pay back the work-related injury insurance premium that should be paid, and impose a 0.5% late fee on a daily basis from the date of default; Failing to pay within the time limit, a fine of more than one time and less than three times the amount owed shall be imposed.

If an employee of an employer who should participate in work-related injury insurance in accordance with the provisions of these regulations suffers from work-related injuries, the employer shall pay the fees in accordance with the treatment items and standards of work-related injury insurance stipulated in these regulations.

Labor law of the people's Republic of China

Article 73 provides that:

Workers shall enjoy social insurance benefits according to law under the following circumstances:

(1) Retirement;

(2) Being sick or injured;

(3) Being disabled at work or suffering from occupational diseases;

(4) unemployment;

(5) bearing.