Can you get reimbursed for retroactive social security payments after a workplace injury?

One, the point of time to make up the social security

First of all, it needs to be clear that there is usually a time limit to make up the social security. In general, the unit should apply for work injury recognition for the employee within one month after the accident, and after that pay the work injury insurance premiums for the employee in a timely manner. If the social security has not been paid for a long time after the work injury, it may affect the rights and interests of work injury reimbursement.

Second, the status of work injury recognition

Work injury recognition is a prerequisite for work injury reimbursement. If the employee is recognized for work injury in time after the work injury occurs, and obtains the decision of work injury recognition, then his rights and interests of work injury reimbursement are guaranteed. At this point, even if the retroactive payment of social security, as long as the time of retroactive payment before or in the process of the determination of work injury, may still be entitled to reimbursement of work injury.

However, if the injury is not recognized in time after the injury occurs, or if the injury is not recognized, then even if the retroactive social security payment is made, the worker may not be able to enjoy the reimbursement of the injury.

Third, the local social security policy

Different regions may have different policies on work injury reimbursement and social security reimbursement. Some places may stipulate that as long as the social security contributions are made before the work injury is recognized, the work injury reimbursement treatment can be enjoyed; while some places may stipulate that the social security contributions must be made before the work injury occurs. Therefore, it is necessary to refer to the local social security policy to see if you can be reimbursed.

In summary:

Whether reimbursement can be made after a work injury depends on the point in time when the reimbursement is made, the recognition of the work injury, and the local social security policy. In order to ensure their rights and interests, it is recommended that employees carry out work injury recognition as soon as possible after the work injury and consult the local social security department in time to understand the relevant policies and regulations.

Legal basis:

The Social Insurance Law of the People's Republic of China

Article 38 stipulates:

The following expenses incurred as a result of a work-related injury shall be paid out of the Work Injury Insurance Fund in accordance with the state regulations:

(1) medical expenses for treatment of work-related injuries and rehabilitation expenses;

(2) hospitalization meal subsidy;

(3) hospitalization meal subsidy;

(4) hospitalization meal subsidy; and

(5) hospitalization meal subsidy. p>

(3) transportation, accommodation and food expenses for medical treatment outside the coordinated area;

(4) expenses for installation and configuration of auxiliary aids for disability;

(5) living care expenses for those who can't take care of themselves, as confirmed by the Labor Ability Appraisal Committee;

(6) lump-sum disability allowance and monthly disability allowance for employees with Grade 1 to Grade 4 disability;

(vii) the one-time medical allowance payable upon termination or dissolution of the labor contract;

(viii) in the event of a work-related death, the funeral grant, dependent relative's pension, and work-related death grant received by the surviving family members;

(ix) the fee for appraisal of labor capacity.

Article 41 stipulates:

If the employing unit of an employee fails to pay work-related injury insurance premiums in accordance with the law and a work-related accident occurs, the employing unit shall pay the work-related injury insurance benefits. If the employer fails to pay, it shall pay in advance from the Work Injury Insurance Fund.

The work-related injury insurance treatment paid in advance from the work-related injury insurance fund shall be reimbursed by the employer. If the employer fails to make the repayment, the social insurance administrative organization may recover the compensation in accordance with the provisions of Article 63 of this Law.