Who should pay for work-related injury compensation?

It is generally believed that the treatment fee for workers' work-related injuries is paid in advance by the unit, so the general medical expenses are paid to the unit account. But in many cases, employees pay it themselves, so employees have to ask for medical expenses after calling the company account. If an individual wants to pay the medical expenses directly by himself, he should find a unit to write a certificate to the effect that the medical expenses shall be borne by the employees, and then the medical expenses shall be paid to the employees' accounts.

Legal analysis

The industrial injury benefits paid by the industrial injury insurance fund are transferred to the audit application form to select an account, which can be an employee account or a company account. Employees and units need to reach an agreement. Because in many cases, there are cases where the unit advances medical expenses in advance, so it will give a choice. The review of work-related injury treatment is to apply to the social security agency after the treatment is completed or the results of labor ability appraisal are issued. The main materials include: application form for examination of industrial injury treatment, medical termination or labor ability appraisal form, case, discharge summary, medical invoice and hospitalization list, industrial injury certificate and a copy of my ID card. The injured employee will be compensated within 60 days after the application. Compensation for work-related injuries includes treatment fees, rehabilitation fees, living expenses during hospitalization, and one-time disability subsidies and corresponding levels of allowances paid by the work-related injury insurance fund. The unit pays the wages of employees during the work-related injury, as well as the one-time disability employment subsidy, and the one-time Medicaid payment method is determined according to local regulations.

legal ground

Article 17 of the Regulations on Work-related Injury Insurance, if an employee suffers an accident injury or is diagnosed and identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease, apply to the social insurance administrative department in the overall planning area for work-related injury identification. Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended. If the employing unit fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the employees with work-related injuries or their close relatives and trade unions may directly apply for work-related injury identification to the social insurance administrative department where the employing unit is located within 1 year from the date of the accident injury or the date of being diagnosed as an occupational disease. In accordance with the provisions of the first paragraph of this article, matters that should be identified by the provincial social insurance administrative department shall be handled by the municipal social insurance administrative department located in the district where the employer is located in accordance with the principle of territoriality. If the employer fails to file an application for work-related injury identification within the time limit specified in the first paragraph of this article, the employer shall bear the relevant expenses such as work-related injury treatment in accordance with the provisions of these regulations during this period.