Is it legal for a company to buy only one form of workers' compensation insurance for its employees?

Companies can not pay for workers' compensation insurance in social insurance. In the establishment of labor relations after the company only to buy workers' compensation insurance behavior is not legal, because the employer is obliged to buy workers' compensation insurance, in addition to the workers' compensation insurance, the rest of the pension insurance, medical insurance, maternity insurance and unemployment insurance, the employer is obliged to pay social security fees to the employees.

Legal analysis

Worker's compensation insurance is a social insurance system for workers or their survivors to receive material assistance from the state and society when they suffer from accidental injuries or occupational diseases leading to temporary or permanent loss of labor capacity and death in the course of their work or under specified special circumstances. Recognition of work injury insurance workers injured at work or occupational disease temporary loss of working capacity, work injury, regardless of the cause, the responsibility lies in the individual or in the enterprise, are entitled to social insurance treatment, i.e., the principle of compensation without investigation of fault. Workers' compensation insurance is also known as occupational injury insurance. Worker's compensation insurance is a social security system that concentrates the worker's compensation insurance premiums paid by the employer and establishes a worker's compensation insurance fund to provide workers and their utilities with the necessary medical treatment and economic compensation when they suffer from accidental injuries or occupational diseases in the course of their production and business activities that result in their deaths and temporary or permanent loss of their working capacity. This compensation includes both the costs required for medical treatment and rehabilitation, as well as the costs of guaranteeing a basic livelihood. Conditions for enjoying the treatment of work injury insurance:

(1) The reason for work. Working time, working place and reason for working are the three basic elements for the recognition of work injuries, i.e. the "three-work principle".

(2) Accidental injury. If an accident occurs while the employee is away from home for work and his whereabouts are unknown, it is difficult to determine whether the employee is dead or temporarily out of contact. In the basic spirit of trying to protect the rights and interests of the employee, this situation should also be recognized as a work injury.

(3) Occupational disease. If an employee is diagnosed or identified as suffering from an occupational disease, and is recognized as having suffered a work-related injury or is deemed to have suffered a work-related injury, he or she may be entitled to work-related injury insurance treatment.

If the employee finds that the company only buys work injury insurance for himself, the company's practice, should communicate in a timely manner, in the case of the company does not agree to buy other social security for the employee, you can go to the local labor administrative supervision brigade to complain, and the company refuses to buy social security, the employee can always terminate the labor contract at any time and any place.

Legal basis

The Social Insurance Law of the People's Republic of China Article 84 If an employer fails to register for social insurance, the administrative department of social insurance shall order it to make corrections within a certain period of time; and if it fails to make corrections within that period of time, it shall impose a fine of not less than double and not more than triple the amount of social insurance premiums payable, and impose on the persons directly responsible for supervisors and other persons directly responsible shall be fined not less than five hundred yuan and not more than three thousand yuan.