Work without buying social security injury can be considered work-related injuries

No social security can also apply for work injury, if the employer did not buy social security for the workers, the workers identified as work injury compensation by the employer, the workers can also ask the employer to make up for the social security.

The employer should participate in the work-related injury insurance in accordance with the provisions but did not do so, by the social insurance administrative department ordered to participate in a limited period of time, to make up for the payment of work-related injury insurance premiums, and from the date of non-payment of late payment of five ten-thousandths of a cent; overdue still do not pay the fine, the amount of non-payment of more than three times the amount of the following fine.

What are the compensation items for work-related injuries

(a) Treatment (medical) expenses. The expenses required for treating work-related injuries must be in accordance with the catalog of diagnostic and treatment items for work-related injuries insurance, the catalog of drugs for work-related injuries insurance, and the standard of hospitalization services for work-related injuries insurance.

(2) Hospitalization meal allowance. If an employee is hospitalized for treatment of a work-related injury, his/her employer shall pay him/her a hospital meal allowance at 70% of the standard meal allowance for business trips of his/her employer.

(3) transportation and accommodation expenses for overseas medical treatment. If an injured worker is certified by a medical institution and reported to the agency for approval to seek medical treatment outside the co-ordinated area, the transportation, accommodation and food expenses shall be reimbursed by his/her employer in accordance with the standard for employees traveling on official business in the employer's unit.

(4) Rehabilitation treatment expenses. The costs of rehabilitation treatment for injured workers at medical institutions that have signed service agreements shall be paid from the Work Injury Insurance Fund if they are in accordance with the provisions of paragraph 3 of this Article of the Catalogue of Diagnostic and Treatment Items for Work Injury Insurance, the Catalogue of Medicines for Work Injury Insurance, and the Standards of Hospitalization Services for Work Injury Insurance.

(v) Cost of auxiliary apparatus. Due to the needs of daily life or employment, the injured workers, confirmed by the Labor Capacity Appraisal Committee, can be fitted with auxiliary appliances such as artificial limbs, orthopedic appliances, false eyes, false teeth and wheelchairs, etc., and the required expenses shall be paid from the Work-Related Injury Insurance Fund in accordance with the standards stipulated by the State.

(VI) Wages for the period of suspended pay. If an employee is injured in an accident or suffers from an occupational disease and needs to be suspended from work to receive medical treatment for the injury, the original wages and benefits shall remain unchanged during the period of suspension without pay, and shall be paid monthly by the organization in which the employee is employed.

(VII) life care expenses. Injured workers who are unable to take care of themselves need nursing care during the period of leave without pay, and the unit is responsible for this. If the injured worker has been assessed as having a disability grade and the Labor Capacity Appraisal Committee confirms that he or she needs nursing care, he or she shall be paid monthly nursing care expenses from the Work Injury Insurance Fund. The living care expenses are paid according to three different grades, namely, totally unable to take care of oneself, mostly unable to take care of oneself, or partially unable to take care of oneself, and the standard is 50%, 40%, or 30% of the average monthly salary of the employees in the previous year in the coordinated area respectively.

(viii) one-time disability benefit. The standard is: first-degree disability for 24 months of my salary, second-degree disability for 22 months of my salary, third-degree disability for 20 months of my salary, fourth-degree disability for 18 months of my salary; fifth-degree disability for 16 months of my salary, sixth-degree disability for 14 months of my salary, seventh-degree disability for 12 months of my salary, eighth-degree disability for 10 months of my salary; ninth-degree disability for 8 months of my salary; tenth-degree disability for 8 months of my salary. The ninth level of disability for 8 months of my salary, tenth level of disability for 6 months of my salary.

(ix) Disability allowance. Employees disabled at work are identified as Grade I to Grade IV disability, from the Work Injury Insurance Fund according to the level of disability to pay a one-time disability benefit, the standard is: Grade I disability for 24 months of my salary, the second level of disability for 22 months of my salary, the third level of disability for 20 months of my salary, the fourth level of disability for 18 months of my salary. If an employee is recognized as having Grade 5 or Grade 6 disability, he/she shall retain the labor relationship with the employer and the employer shall arrange for appropriate work. If it is difficult to arrange work, the employer shall pay a monthly disability allowance at the rate of 70% of the employee's salary for Grade 5 disability and 60% of the employee's salary for Grade 6 disability.

(j) One-time disability employment benefits and one-time medical benefits for work-related injuries. Work-related disability is identified as fifth-grade, sixth-grade disability, the injured worker himself, the worker can be terminated or terminate the labor relationship with the employer, the employer to pay a one-time injury medical benefits and disability employment benefits; work-related disability is identified as a seventh to tenth-grade disability, the termination of the labor contract, or the employee himself proposed the termination of the labor contract, the employer to pay a one-time injury medical benefits and disability employment benefits. The employer shall pay a lump-sum medical benefit for work-related injuries and a disability employment benefit. Specific standards shall be prescribed by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.

(xi) funeral benefits. Work-related death of an employee funeral benefits for six months of the co-ordination area of the previous year's average monthly salary of employees.

(xii) Dependent relative's pension. Work-related death of the employee's dependent relatives pension in accordance with a certain percentage of the employee's own wages to the death of the employee who provided the main source of livelihood, incapable of working relatives. The rate is 40% per month for spouses, 30% per month for each of the other relatives, and 10% per month for each of the widows, orphans or widows on top of the above rate. The sum of the approved pensions for each dependent relative shall not be higher than the salary of the employee who died at work before his or her death. The specific scope of the dependent relatives shall be prescribed by the labor security administrative department of the State Council.

(xiii) One-time death benefit. The standard for the one-time work-related death benefit is 48 months to 60 months of the average monthly salary of the employees in the co-ordination area in the previous year. The specific standard shall be prescribed by the people's government of the co-ordinated area in accordance with the local economic and social development situation, and shall be reported to the people's government of the province, autonomous region, or municipality directly under the central government for the record.

Procedures for the recognition of work-related injuries

I. Application for registration of the applicant

The employer, the injured employee himself or his immediate family members, trade union organizations have the right to apply for the recognition of work-related injuries to the employer work-related injuries insurance co-ordination area of the administrative department of labor security, registration, and to receive the "work-related injuries recognition of the application form," and other relevant information and materials.

The labor security administrative departments of municipalities and county-level cities are in charge of the work injury insurance work in their administrative areas.

2. Application time

The employer shall report to the labor security administrative department of the area where the employer's work injury insurance is coordinated within 30 days from the date of the employee's work injury or the date of the employee's diagnosis of an occupational disease.

If the employer fails to file an application for recognition of work injury in accordance with the regulations, the injured employee, or his/her immediate family members, or the trade union organization may, within one year from the date of the accidental injury or from the date of the employee's diagnosis of an occupational disease, directly file an application for recognition of work injury with the administrative department of labor security in the area where work injury insurance is coordinated by the employer.

3. Application Materials

The application for recognition of work injury shall be made by filling in the form of Application for Recognition of Work Injury and List of Evidence for Declaration of Work Injury, and submitting the following materials:

(1) a copy of the text of the labor contract or other valid proofs of the establishment of the labor relationship;

(2) a copy of the Resident's Identification Card of the injured employee;

(3) a copy of the medical certificate issued by the medical institution;

(4) a copy of the medical certificate issued by the medical institution of the employee; and (C) medical institutions issued by the injured worker after the injury diagnosis certificate or diagnosis of occupational diseases (or diagnosis of occupational diseases);

(D) belonging to the following cases should also provide relevant documents:

4, before and after working hours in the workplace, engaged in preparatory or finishing work related to work injured in an accident, you need to submit a work schedule and The preparatory or finishing work related materials;

5. If you are injured by violence in the performance of your work duties, you need to submit a certificate from the public security organ or a judgment from the people's court or other valid certificates;

6. If you are injured in a traffic accident or other accidents during the period of going out of work for work-related reasons, you need to submit a certificate such as a Work order", "business trip notice" or "original documents that can prove that the work out of the original materials" and its out of work during the cause of the work to be submitted;

7, work out of the period of time, is due to an accident

2. If a dispute arises between the employee and the employer over the labor relationship, the parties concerned shall apply for arbitration to the Arbitration Committee of Labor Disputes and submit the award of the Arbitration Committee of Labor Disputes.

Third, acceptance

1, the applicant to provide complete or in accordance with the written notice of the requirement to make corrections to the material, the labor security administrative department will be accepted, and issued a "Notice of Acceptance";

2, the applicant's review of the materials provided by the administrative department does not meet the scope of the acceptance of the labor security department, then issued in writing the "Notice of Inadmissibility".

Four, investigation and verification

1, according to the need for the applicant's reported materials in doubt, then the investigation and verification;

2, when the worker and the employer disputes arising from work-related injuries, the labor security administrative department issued a "Notice of Proof", the employer bears the burden of proof.

V. Service

In accordance with the provisions of the Civil Procedure Law on service.

An employee shall be recognized as having suffered a work-related injury if he or she:

(1) suffers an accidental injury due to his or her work during working hours and in the workplace;

(2) suffers an accidental injury during work before or after working hours, in the workplace, while engaged in work-related preparatory or finishing work;

(3) suffers a violent injury in the performance of his or her work duties, while engaged in work-related preparatory work; and (c) being injured by violence or other accidents during working hours and in the workplace while performing work duties;

(d) suffering from occupational diseases;

(e) being injured or unaccounted for in an accident while away from home for work;

(f) being injured in a traffic accident or an accident in urban railroads, passenger ferries, or trains on the way to or from work for which the injured party is not primarily responsible;

(g) being injured by an accident in a work-related preparatory or finishing work before or after working hours;

(vii) other cases that should be recognized as work-related injuries as stipulated by laws and administrative regulations.

Legal Basis

The Regulations on Work-Related Injury Insurance

Article 62: Where an employer is required to participate in the work-related injury insurance in accordance with the provisions of these Regulations, but fails to do so, it shall be ordered by the administrative department of social insurance to participate in the work-related injury insurance by a specified period of time, to make up for the work-related injury insurance premiums that should be paid and to pay the late payment fee of five ten-thousandths of a percent on a daily basis, and, in case of failure to do so, shall be subject to a fine of one or more than three times of the amount of the outstanding premiums. The penalty shall be one or more than three times the amount of unpaid contributions.

If an employee of an employing unit who should have participated in work-related injury insurance in accordance with the provisions of these Regulations, but has not done so, he or she shall be paid by the employing unit in accordance with the items and standards of work-related injury insurance treatment stipulated in these Regulations. After the employer participates in work-related injury insurance and pays the work-related injury insurance premiums and late payment fees, the work-related injury insurance fund and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.