How to deal with the social security company that employees pay themselves?

Legal analysis: If the employer fails to pay work-related injury insurance, the employer shall pay work-related injury insurance benefits to employees who are injured due to work-related injuries.

The procedures for handling industrial injury insurance benefits are as follows: industrial injury identification-labor ability identification or occupational disease identification-compensation amount determination-execution.

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The specific process is as follows:

1, apply for work-related injury identification (if the labor relationship is unclear, you should first apply to the labor arbitration committee for confirmation of the labor relationship).

Article 17 of the Regulations on Industrial Injury Insurance in People's Republic of China (PRC), if an employee suffers from 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 industrial 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.

2, apply for labor ability and shutdown with pay period appraisal

"Regulations of People's Republic of China (PRC) Municipality on Work-related Injury Insurance" Article 21 If an employee is injured at work and the injury is relatively stable after treatment, the ability to work shall be appraised. 3. Apply for labor arbitration and determine the amount of compensation.

"Regulations of People's Republic of China (PRC) Municipality on Work-related Injury Insurance" Article 54 Disputes arising from work-related injury treatment between employees and employers shall be handled in accordance with the relevant provisions on handling labor disputes.

4. If the employer fails to pay the fees according to the arbitration decision, it shall apply to the court for compulsory execution.

Article 51 of the Labor Dispute Mediation and Arbitration Law, the parties shall perform the legally effective conciliation statement and award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for execution in accordance with the relevant provisions of the Civil Procedure Law. The people's court that accepts the application shall execute it according to law.

Legal basis: Regulations of People's Republic of China (PRC) Municipality on Industrial Injury Insurance.

Article 17 If an employee is injured by an accident or is diagnosed and identified as an occupational disease according to 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 the 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.

2, apply for labor ability and shutdown with pay period appraisal

Twenty-first workers with work-related injuries are disabled, and their working ability is relatively stable after treatment, so they should be appraised. 3. Apply for labor arbitration and determine the amount of compensation.

Article 54 Where a dispute arises between a laborer and an employer over the treatment of work-related injuries, it shall be handled in accordance with the relevant provisions on handling labor disputes.

4. If the employer fails to pay the fees according to the arbitration decision, it shall apply to the court for compulsory execution.

Law on mediation and arbitration of labor disputes

Article 51 The parties shall perform a legally effective conciliation statement or award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for execution in accordance with the relevant provisions of the Civil Procedure Law. The people's court that accepts the application shall execute it according to law.