If the employer did not enroll you in work-injury insurance, benefits still apply and the employer pays the full standard amount
Grade ABig benefitMoneyFreeSome timeSome willpower
Even without work-injury insurance enrollment, work-injury benefits still apply. The employer must pay the same items and amounts in full, missing nothing. Non-enrollment adds penalties on the employer: order to pay premiums, a daily late fee of 5/10000 of the amount unpaid, and a fine of 1 to 3 times the unpaid amount if still not paid. “The company has no insurance so it cannot pay” is false.
- Cost
- No cost. If the employer disputes liability, arbitration or even litigation starts at several months. The hard part is staying with the process for those months.
- Benefit
- The regulations state plainly: if an employer that should enroll in work-injury insurance did not, and an employee is injured, that employer pays benefits under the same items and standards as the regulations. Which payments and how much match enrolled cases; only the payer changes to the employer
- Notes
- “The company did not buy work-injury insurance for you, so it cannot compensate” is one of the most common lies in these cases. Non-enrollment only adds penalties on the employer; your benefits do not shrink.
Sources · 1
- 工伤保险条例第六十二条第二款：「依照本条例规定应当参加工伤保险而未参加工伤保险的用人单位职工发生工伤的，由该用人单位按照本条例规定的工伤保险待遇项目和标准支付费用。」同条第一款：责令限期参加、补缴，「自欠缴之日起，按日加收万分之五的滞纳金；逾期仍不缴纳的，处欠缴数额1倍以上3倍以下的罚款」. gov.cn/gongbao/content/2011/content_1778064.htm