pays social insurance (including work injury insurance) for workers. It is the legal obligation of employers and does not pay social security to workers. As a result, the loss of the employer cannot be allowed to enjoy social security benefits. The employers who do not pay work injuries to workers often face heavy liability for compensation. From the perspective of reducing costs, many employers do not pay social security for workers. Instead, when they buy business accident insurance for workers, they will reduce the employer's work injury to work injuries through commercial accident insurance compensation. Liability for compensation, so is this approach feasible, can it be supported by the court?
The facts found by the court
Wangwang is a decorative factory workshop employee. The two parties have a written labor contract. The decoration plant purchased personal injury accident insurance for the group for Wang Wang and did not pay social insurance.
was injured during the processing accessories on November 1, 2014. After the treatment of the process of treatment, the work injury department was identified as a work injury. On November 10, 2015, the insurance company claimed the personal accident insurance insurance with a amount of 1,200,000 yuan. Later, Wang Wang issued the "Promise Book" to the unit, which stated: "If a work -related injury accident occurs, the group accident insurance obtained in the factory, Employer's insurance, supplementary work injury insurance, social insurance compensation fees, etc. Another insurance for disability, medical expenses, hospitalization compensation, misrepresents, etc. shall be deducted in work injury compensation. ", Wang Wang himself signed the seal. On January 10, 2016, Wang Wang applied for labor arbitration to the District Labor Arbitration Commission. Due to the cancellation of the decoration plant, the arbitration commission made a decision not to accept it. About 150,000 yuan.
The first trial judgment
The court considers:
was injured at work. The unit did not pay the plaintiff's work injury insurance, and this part of the treatment The employer shall be borne by the employer; the "Proposal" issued by the plaintiff to the defendant is a true expression of its true meaning, and it has actually obtained an insurance compensation of 1,200,000 yuan. This part of the cost shall be deducted from the work injury compensation borne by the employer.
First Trial Judgment:
A decoration plant compensate Wang Wang 30,000 yuan at one time.
The second instance of the second instance
Wang Wang was dissatisfied with the first instance judgment and appealed to the Intermediate People's Court to ask for a total of 1,50,000 yuan in compensation for a decoration factory.
Case:
The Court of First Trial of the Court of First Trial of the A appellant pays the appellant's work injury treatment.
1. Work Injury Insurance is the responsibility of the state's social insurance administrative department and hosted by the social insurance agency. It belongs to the country's administrative act and is mandatory. Insurance companies are commercial institutions. Its accidental injury insurance for personal groups is a commercial insurance behavior. Work -related injury insurance and commercial insurance belong to different legal categories, and the applicable laws are different. According to the provisions of the "Work Injury Insurance Regulations", employees enjoy relevant work injury treatment after being injured in accordance with the law. This is a compulsory provision. There is no stipulation that the compensation obtained by work injury employees based on personal accident insurance contracts can be deducted from work injury treatment.
2, the case involved in the "Proposal" belongs to the format document, violated the provisions of laws and regulations, and is invalid.
Second Trial Court believes that:
employers pay work injury insurance for workers is a legal obligation that must be fulfilled. It cannot be exempted from the responsibility of the unit because of the unilateral commitment of the workers. The beneficiaries of
Personal accident insurance can only be as the workers and close relatives of the insured, and the employer cannot be used as the beneficiary. The insurance behavior of the employer is an additional benefits to employees, and cannot be used as a function of alternative work injury insurance.The compensation for working injury benefits of workers should not be deducted from the personal accidental injury insurance of the group. Therefore, the original trial of the workers' work injury treatment compensation should be deducted from the personal accident injury insurance for the group. It should be correct.
Second Trial Judgment:
cancels the original judgment, and judge that a decoration plant pays Wangwang's work injury treatment for a total of 150,000 yuan.
Jingshan said
. Article 2 Paragraph 1 stipulates that "enterprises, institutions, social groups, private non -enterprise units, foundation, law firms, accounting firms, etc. in the People's Republic of China ) Participate in work injury insurance in accordance with the provisions of these regulations to pay all employees or employees (hereinafter referred to as employees) in the unit. The legal obligations that must be fulfilled cannot be exempted from employers' responsibilities because of their unilateral commitments.
According to Article 2 of the Insurance Law of the People's Republic of China, "the insurance referred to in this Law refers to the insured to pay the insurance premium to the insured in accordance with the contract. The insurer's possible accident stipulated in the contract was caused by it caused by it. Property losses are liable for compensation for compensation, or when the insured dies, disabled, illness, or the age and period of the contract agreed, the business insurance acts that pay the liability for insurance money. " The beneficiary of the insurance shall be designated by the insured or the insured. The beneficiary of the person who is a person can only be the beneficiary of the personal accident insurance. The employer cannot be used as the beneficiary as the worker of the insurer. The workers issued the "Proposal" to avoid the risk of enterprise employment and replace work injury insurance with personal accidental injury insurance. The compulsory provisions of relevant laws such as insurance law are invalid,
Statement:
1, this article may not be reprinted, festival, and quoted in any form; Law Responsibility.
