After the payment of social security for work-related injuries is determined, can the employer be held accountable?

After the social security compensation for work-related injury wages, the company does not have to bear the responsibility. Workers identified as work-related injuries can enjoy work-related injury insurance benefits. Compensation for work-related injuries shall be borne by the unit and work-related injury insurance. Part of the project is undertaken by industrial injury insurance, including medical expenses incurred in industrial injury treatment and food subsidies incurred by employees during hospitalization, all of which are paid by industrial injury insurance fund. Some projects are undertaken by the Unit. If the unit has already borne the relevant expenses according to the regulations, it can no longer require the unit to make compensation. If the unit fails to bear the expenses according to the regulations, it may require the unit to pay compensation according to the regulations.

Application procedure for industrial injury compensation

Work-related injury compensation application process:

1, the unit or employee shall apply to the social insurance administrative department for work-related injury identification according to law;

2, by the administrative department of social insurance to decide whether to accept;

3. Make a decision according to law;

4. Deliver the written decision to the employees and units, and the employees and units shall apply for compensation with the written decision and other materials.

It can be seen from the above that the employer is generally not required to bear the responsibility after compensation for work-related injuries. If the employer fails to pay the workers' compensation for work-related injuries according to law, it shall be paid in advance by the work-related injury insurance fund and then recovered from the unit.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 41

If the employer fails to pay the work-related injury insurance premium according to law and an industrial accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund.

The industrial injury insurance benefits paid in advance from the industrial injury insurance fund shall be repaid by the employer. If the employer fails to repay, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.

Article 42

If the work-related injury is caused by a third person, and the third person fails to pay the medical expenses for the work-related injury or cannot identify the third person, the work-related injury insurance fund shall pay in advance. After the industrial injury insurance fund is paid in advance, it has the right to recover from the third party.