Advance payment of work-related injury insurance

Legal analysis: advance payment means that the employer fails to pay work-related injury insurance for employees according to law. After an employee suffers from a work-related injury, if the employer fails to pay the employee's work-related injury insurance benefits, the social insurance administration shall pay the employee's part that should be borne by social security in advance. Then the employee transfers this part of the recourse to the social security bureau, which will recover from the employer.

Legal basis: People's Republic of China (PRC) Social Insurance Law.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums according to law, and a work-related injury accident occurs, the employer shall pay 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 a 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.