1. Fan Mouxing, Yu Mouping, Gao Mou v. Shanghai Xianglong Yuji Construction Development Co., Ltd., Huang Moubing Dispute for the Responsibility of Labor Providers
"Gazette of the Supreme People's Court" 2021 Issue 10 (Total Issue 300)
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The essence of the referee
according to " Article 48 of the Construction Law of the People's Republic of China stipulates that paying work-related injury insurance for employees to participate in work-related injury insurance is a legal obligation that construction companies must fulfill. It is an advocacy requirement for employees engaged in dangerous operations to handle accidental injury insurance and paying insurance premiums. If a construction company has already handled accidental injury insurance for employees engaged in dangerous work-related injury insurance, it is not exempted from the company from paying work-related injury insurance for employees. According to Article 39 of the Insurance Law of the People's Republic of China, the insured person shall not designate persons other than the insured person and his close relatives as beneficiaries for the insured person as the beneficiary. As the insured person, the insured person shall insure group accidental injury insurance for the worker, and the beneficiary of the insurance can only be the worker or his close relatives. The worker has a personal injury accident at work, and the construction enterprise or the actual construction worker shall If the insured claims to deduct accidental injury insurance in the compensation and becomes the beneficiary of the insurance in disguise, it violates the legislative purpose and is not supported in accordance with the law.
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Law Article Reference
"Construction Law of the People's Republic of China" (Amendment 2019)
Article 48 Construction companies shall pay work-related injury insurance premiums for employees to participate in work-related injury insurance in accordance with the law. Enterprises are encouraged to apply for accidental injury insurance and pay insurance premiums for employees engaged in dangerous operations.
"Insurance Law of the People's Republic of China" (Amendment of 2015)
Article 39 The beneficiary of personal insurance is designated by the insured or the insured.
When the insured designates a beneficiary, the consent of the insured must be obtained. The insured person shall insure personal insurance for a worker with whom he or she has a labor relationship and shall not designate persons other than the insured and their close relatives as beneficiaries.
If the insured is a person with no civil capacity or a person with limited civil capacity , the beneficiary may be designated by his guardian.
2. Wujiang Jiafan Textile Co., Ltd. v. Zhou Moukun’s work-related injury insurance benefits dispute case
”Supreme People’s Court Gazette” 2021 Issue 6 (Total Issue 296)
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Judge Summary
If a worker causes personal injury and constitutes work-related injury due to third-party infringement, he/she will be suspended for wages in During the interval, the original wages and benefits will remain unchanged and will be paid monthly by the unit. If the employer claims that there is no need to pay wages during the suspension of work and salary on the grounds that the infringer has compensated the worker for lost work expenses, the people's court will not support it.
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Legal Article Reference
" Work-related Injury Insurance Regulations " (revised in 2010)
Article 33 If an employee suffers accidental injury due to work or suffers from occupational diseases, he/she needs to suspend work-related injury medical treatment, the original salary and benefits will remain unchanged during the period of work-reserved retention, and the unit will pay monthly.
The salary period for suspension of work generally does not exceed 12 months. If the injury is serious or the situation is special, it can be appropriately extended by the municipal labor capacity appraisal committee of prefecture-level municipal labor capacity appraisal committee, but the extension shall not exceed 12 months. After the work-injured employee is assessed for the disability level, the original benefits will be stopped and disability benefits will be enjoyed in accordance with the relevant provisions of this chapter. If an employee who is injured in work still needs treatment after the expiration of the period of work-reserved retention, he or she will continue to enjoy the medical treatment of work-related injuries .
If an employee who cannot take care of himself and needs care during the suspension of work and pay period, the unit shall be responsible for his/her work injury.
III. China National Nuclear Corporation Shenzhen Kelly Group Co., Ltd. v. Shenzhen Human Resources and Social Security Bureau Work Injury Determination Case
"Gazette of the Supreme People's Court" 2020 Issue 12 (Total Issue 290)
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Judgment Summary
Work Injury Determination As an administrative confirmation behavior, it is the social insurance administrative department that confirms whether employees are injured or sick due to work in accordance with their authority. This fact does not change due to changes in the employee's work unit. Employees who suffer from occupational diseases should be considered as work-related injuries.
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Legal reference
"Work Injury Insurance Regulations" (Revised in 2010)
Article 14 Employees shall be deemed to be an employee injury if they have any of the following circumstances:
(I) In case of accidents being injured due to work reasons during working hours and workplaces;
(II) In case of accidents being injured due to work-related preparatory or final work in the workplace before and after working hours;
(III) In case of accidental injuries such as violence during working hours and workplaces;
(IV) In case of occupational diseases;
(V) In case of injury due to work reasons or the whereabouts of an accident are unknown;
(V) In case of being injured due to work reasons or being lost during work;
(V) In case of traffic accidents or urban rail traffic that are not the main responsibility of the person on the way to and from get off work , passenger ferry or train accident injury;
(VII) Other circumstances that should be determined as work-related injuries as stipulated by laws and administrative regulations.
IV. Beijing Aod Cleaning Service Co., Ltd. Shanghai Branch v. Shanghai Changning District Human Resources and Social Security Bureau Work-related injuries verified by Shanghai
"Supreme People's Court Gazette" 2020 Issue 1 (Total Issue 279)
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Judgment Summary
Employees should participate in work-related injury insurance. Paying work-related injury insurance premiums is the employer's legal obligation, and the employer cannot negotiate and exclude the employer's legal payment obligation. The determination of work-related injuries does not depend on whether the employer pays work-related injury insurance premiums. If an employer fails to pay the work-related injury insurance premium in accordance with the law, the employee may request the employer to bear the corresponding work-related injury insurance benefits in accordance with the law after being deemed to be an work-related injury injury.
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Law Article Reference
" Social Insurance Law of the People's Republic of China " (revised in 2018)
Article 33 Employees shall participate in work-related injury insurance, and the employer shall pay work-related injury insurance premiums, and employees shall not pay work-related injury insurance premiums.
Article 41 If an employer where the employee is located fails to pay the work-related injury insurance premium in accordance with the law and an employee's accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer fails to pay, the employee shall pay in advance from the work-related injury insurance fund .
Work-related injury insurance benefits paid in advance from the work-related injury insurance fund shall be repaid by the employer. If the employer does not repay, the social insurance agency may seek compensation in accordance with the provisions of Article 63 of this Law.
"Work Injury Insurance Regulations" (Revised 2010)
Article 62 If an employer who should participate in the work-related injury insurance in accordance with the provisions of this Regulation but fails to participate, the social insurance administrative department shall order him to participate within a time limit and pay the work-related injury insurance premium that should be paid, and a late payment fee of 5% per 10,000 will be charged on a daily basis from the date of payment; if he still fails to pay within the deadline, a fine of not less than 1 times but not more than 3 times the amount of owed payment will be imposed.
If an employer who should participate in the work-related injury insurance but fails to participate in the work-related injury insurance in accordance with the provisions of this Regulation, the employer shall pay the fees in accordance with the work-related injury insurance benefits and standards stipulated in this Regulation.
After the employer participates in the work-related injury insurance and pays the work-related injury insurance premium and late payment fee that should be paid, the work-related injury insurance fund and the employer shall pay the new fees in accordance with the provisions of this Regulation.
5. Deng Moulong sues Shenzhen The maximum period of work-response wage retention period stipulated by the State Council’s “Work Injury Insurance Regulations” (Article 2
”) “Household wage retention period for the work-response wage retention period shall not exceed 24 months, which shall be used for the work-response wage retention period shall not exceed 24 months, which shall mean that the maximum period of work-response wage retention period for workers who enjoy a single time during treatment of workers shall not exceed 24 months, rather than the maximum period of cumulative wage retention period for workers who are not allowed to exceed 24 months. Employees who have relapsed their work-related injuries and are confirmed to need treatment can re-enjoy the benefits of suspension of work and salary as stipulated in the Work-related Injury Insurance Regulations.
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Legal Article Reference
"Work Injury Insurance Regulations" (Revised in 2010)
Article 33 Paragraph 2 The period of suspension of wages generally does not exceed 12 months. The injury situation is serious or the situation is special, and it can be appropriately extended by the municipal labor capacity appraisal committee confirming that it can be extended, but it must not exceed 12 months. After the work-injury employee is assessed for the disability level, the original benefits will be suspended and the relevant provisions of this chapter will be enjoyed. If the work-injury employee still needs treatment after the suspension of wages has expired, he or she will continue to enjoy work-injury medical treatment.
"Guangdong Province Work-injury Insurance Regulations"
Article 25 Paragraph 1 If an employee needs to suspend work and receive work-related injury medical treatment due to work-related injury, the original salary and benefits will remain unchanged during the work-related wage and will be paid monthly by the unit. The wage suspension period is determined based on the medical end period and confirmed by the Labor Capacity Assessment Committee, with a maximum of no more than 24 months.
6, Fu Mousheng and others sued Huayuan Municipal Garden Engineering Company, Lianyungang Development Zone, and the work-related injury benefits compensation dispute case
"Supreme People's Court Gazette" 2018 Issue 3 (Total Issue 257)
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Judgment Summary
Employees should participate in work-related injury insurance. Paying work-related injury insurance premiums is the employer's legal obligation, and the employer cannot negotiate and exclude the employer's legal payment obligation. The determination of work-related injuries does not depend on whether the employer pays work-related injury insurance premiums. If an employer fails to pay the work-related injury insurance premium in accordance with the law, the employee may request the employer to bear the corresponding work-related injury insurance benefits in accordance with the law after being deemed to be an work-related injury injury.
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Law Article Reference
"Social Insurance Law of the People's Republic of China" (Amendment of 2018)
Article 33 Employees shall participate in work-related injury insurance, and the employer shall pay work-related injury insurance premiums, and employees shall not pay work-related injury insurance premiums.
Article 41 If an employer where the employee is located fails to pay the work-related injury insurance premium in accordance with the law and an employee accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer fails to pay, the work-related injury insurance benefits shall be paid in advance from the work-related injury insurance fund.
Work-related injury insurance benefits paid in advance from the work-related injury insurance fund shall be repaid by the employer. If the employer fails to repay, the social insurance agency may seek compensation in accordance with the provisions of Article 63 of this Law.
"Work Injury Insurance Regulations" (Revised 2010)
Article 62 If an employer who should participate in the work-related injury insurance in accordance with the provisions of these Regulations but fails to participate, the social insurance administrative department shall order him to participate within a time limit and pay the work-related injury insurance premium that should be paid, and a late payment fee of 5% per ten thousand will be charged on a daily basis from the date of arrears; if he still fails to pay within the deadline, a fine of not less than 1 times but not more than 3 times the amount of arrears shall be imposed.
If an employer who is expected to participate in the work-related injury insurance but fails to participate in the work-related injury insurance in accordance with the provisions of these Regulations, the employer shall pay the fee in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.
After the employer participates in the work-related injury insurance and pays the work-related injury insurance premium and late payment fee that should be paid, The work-related injury insurance fund and employers shall pay the newly incurred expenses in accordance with the provisions of these regulations.
7. An Mouzhong and Lan Moujiao v. Shenzhen Shuiwan Ocean Fisheries Co., Ltd. Work-related injury insurance benefits dispute case
"Gazette of the Supreme People's Court" 2017 Issue 12 (Total Issue 254)
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Judgment Summary
If an employer purchases commercial personal accident insurance for employees, it will not be exempted from its legal obligation to purchase work-related injury insurance for employees. After an employee receives compensation for personal accident insurance purchased by the employer, he or she still has the right to claim work-related injury insurance benefits from the employer.
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Legal Article Reference
" Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Work-Injury Insurance Administrative Cases " (Fashi [2014] No. 9)
Article 8 If an employee is injured due to a third party's reasons, and the social insurance administrative department makes a decision not to accept the application for work-injury recognition or not to recognize the work-injury on the grounds that the employee or his close relatives have filed a civil lawsuit against the third party or obtained civil compensation, the people's court will not support it.
If an employee is injured due to a third party’s reasons, the social insurance administrative department has made a work-related injury determination, and the employee or his close relatives have not filed a civil lawsuit against the third party or have not yet obtained civil compensation, and sued to require the social insurance agency to pay work-related injury insurance benefits, the people’s court should support it.
If an employee causes work-related injury due to a third party, and the social insurance agency refuses to pay work-related injury insurance benefits on the grounds that the employee or his close relatives have filed a civil lawsuit against the third party, the people's court will not support it, except for the medical expenses that the third party has paid.
8. Shanghai Wenhe Foot Health Service Department v. Shanghai Putuo District Human Resources and Social Security Bureau Work-related Injury Determination Case
"Gazette of the Supreme People's Court" 2017 Issue 4 (Total Issue 246)
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Referee Summary
Employees have sudden illness during working hours and job positions. After rescue, the doctor clearly informs the family that they cannot save their lives and die on the way home in an ambulance, they should still be determined to have not left the treatment and rescue state. If the employee does not exceed 48 hours from the time of illness to death, it should be regarded as "death within 48 hours after rescue is invalid", which is deemed to be an employee injury.
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Legal Article Reference
"Work Injury Insurance Regulations" (Revised 2010)
Article 15 If an employee has one of the following circumstances, he shall be deemed to be an employee injury:
(I) He died of sudden illness during working hours and work positions or died within 48 hours after rescue and failure;
(II) He was injured in activities such as emergency rescue and disaster relief to safeguard national interests and public interests;
(III) He was originally in the army and was disabled due to war or duty. He has obtained the revolutionary disability military certificate , and his old injury recurred after arriving at the employer.
If an employee is in the circumstances of item (1) and item (2) of the preceding paragraph, he shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of this Regulation; if an employee is in the circumstances of item (3) of the preceding paragraph, he shall enjoy work-related injury insurance benefits other than the one-time disability allowance for in accordance with the relevant provisions of this Regulation.
9. Zhang Moubing sued the Shanghai Songjiang District Human Resources and Social Security Bureau for the administrative case of work-related injury determination
"Gazette of the Supreme People's Court" 2016 Issue 1
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Judgment summary
Employer Subcontract or send contracting business to an organization or natural person who does not have the qualifications to employ the workplace, If an employee hired by the organization or natural person is injured or killed by work, Employment order The unit is the unit that bears the liability for work-related injury insurance.
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Legal reference
"Notice of the Ministry of Labor and Social Security on Matters Related to Establishing Labor Relations"
4. Construction, mining enterprises and other employers contract the project (business) or operating rights to organizations or natural persons that do not have the qualifications for employers. For workers recruited by the organization or natural person, the contractor , who has the qualifications for employers, shall bear the main responsibility for employers.
10. Sun Mouxing v. Tianjin New Technology Industrial Park Labor Bureau’s administrative case for work injury identification
《Gazette of the Supreme People’s Court》2016 Issue 1
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Judgment Summary
Work reasons and workplace identification should consider whether it is related to the performance of work responsibilities and whether it is harmed within a reasonable area. html "Workplace" refers to the place where employees engage in professional activities. In the case of multiple workplaces, it also includes the necessary area between employees. "Because of work reasons" refers to the causal relationship between the employee's injury and the work of his/her job, that is, the employee is injured due to his/her job. Except for the circumstances stipulated in Article 16 of the Work Injury Insurance Regulations, casualties caused by crime or violation of public security management, casualties caused by drunkenness, self-harm or suicide, etc., employees have negligence in their work, which does not affect the establishment of the causal relationship.
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Legal Article Reference
"Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-Injury Insurance" (Fashi [2014] No. 9)
Article 4 If the social insurance administrative department determines that the following circumstances are work-related injuries, the people's court shall support it:
(I) Employees are injured during working hours and in the workplace, and the employer or the social insurance administrative department has no evidence to prove that it is caused by non-work reasons;
(II) Employees are injured in participating in activities organized by employers or assigned by the employer to participate in activities organized by other units;
(III) Employees are injured in working hours between multiple workplaces related to their work responsibilities during working hours and in working areas;
(IV) Others are injured in working hours and in working hours.
"Work Injury Insurance Regulations" (Revised 2010)
Article 16 Employees comply with the provisions of Articles 14 and 15 of these Regulations, but in any of the following circumstances, shall not be deemed to be an industrial injury or deemed to be an industrial injury:
(I) intentional crime;
(II) drunk or drug abuse;
(I) self-harm or suicide.
1. He Mouxiang sued the administrative case of work-related injury identification of the Labor and Social Security Bureau of Xinyi City, Jiangsu Province
"Gazette of the Supreme People's Court" 2016 Issue 1
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Referee Summary
Regarding the determination of "on the way to and from get off work", the "reasonable time" and "reasonable route" on the way to and from work are two interconnected recognitions that are indispensable space-time concepts for being injured by a motor vehicle accident on the way to and from get off work, and should not be separated. In combination with this case, He Mouxiang fell on a motorcycle while listening to class in the morning and dining at noon. His purpose of returning to school was clear and should be considered as a reasonable time.
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Legal Article Reference
"Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-Injury Insurance" (Fashi [2014] No. 9)
Article 6 If the social insurance administrative department determines the following circumstances as "on the way to and from get off work", the people's court shall support:
(I) on the way to and from work to work and place of residence, place of residence, and dormitory within a reasonable time;
(II) on the way to and from work to work and place of residence within a reasonable time;
(II) on the way to and from work to and from work within a reasonable time;
(III) on the way to and from get off work within a reasonable time;
(IV) on the way to and from work within a reasonable time; On the way to and from get off work on other reasonable routes.
12. Zou Mouxian sued the administrative case of work injury identification of labor and social security bureau in Chancheng District, Foshan City, Guangdong Province
"Supreme People's Court Gazette" 2016 Issue 1
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Judgment summary
0 Because does not belong to an employee or his close relatives' own reasons exceed the application period for work injury identification, the time delayed will not be calculated within the application period for work injury identification.
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Legal Article Reference
"Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-Injury Insurance" (Fashi [2014] No. 9)
Article 7 If the reason why it is not an employee or his close relative exceeds the application period for work-related injury recognition, the delayed time is not calculated within the application period for work-related injury recognition. If
is delayed in one of the following circumstances, it should be deemed to be not an employee or his close relative's own reasons:
(I) Force majeure;
(II) Personal freedom is restricted;
(III) The reason for belonging to the employer;
(IV) The registration system of the social insurance administrative department is incomplete;
(V) The parties apply for arbitration or file a civil lawsuit for whether there is a labor relationship.
13. Chen Mouju is dissatisfied with the social security administrative confirmation case of the Human Resources and Social Security Bureau of Songjiang District, Shanghai
"Gazette of the Supreme People's Court" 2013 Issue 9
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Judgment Summary
Food and accommodation employee was killed while taking a bath in the bathroom of the dormitory building of the unit. The boundary between his working state and living state is relatively blurred. In this case, the judgment of the three requirements for the time, space and causal relationship of work injury recognition should mainly consider the causal relationship requirements, that is, whether the injury is due to work reasons.
"Vulnerable injury for the performance of work duties" should be understood as employees suffering from violence due to the performance of work duties. Injury, If an employee is violently injured due to personal grievances, even if it occurs at work hours or work place, it does not belong to this situation.
"Preliminary or final work related to work" refers to the preparation or follow-up affairs made by employees to complete the work according to laws, regulations, unit rules and regulations or conventional practices. If the employee does not have the necessary part of taking a bath and there is no relevant provision to regard taking a bath as a follow-up matter after the completion of his work, then taking a bath is not a "final work".
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Legal Article Reference
"Work Injury Insurance Regulations" (Revised 2010)
Article 14 Employees who are in any of the following circumstances shall be deemed to be an employee injury:
(I) In case of accidental injury caused by work reasons during working hours and workplaces;
(II) In case of accidental injury caused by work-related preparatory or final work in the workplace before and after working hours;
(III) In case of accidental injury caused by violence and other accidental injury during working hours and workplaces;
(IV) Those suffering from occupational diseases;
(V) Those who are injured due to work reasons or have an accident unknown during get off work trips;
(V) Those who are injured by traffic accidents that are not the main responsibility of the city rail transit, passenger ferry, or train accidents that are not the main responsibility of the person;
(VII) Other circumstances that should be deemed to be an employee injury as stipulated by laws and administrative regulations.
14. Dispute of Huang Mouhua v. Liu Mouming Creditors’ Right of Revocation
"Gazette of the Supreme People’s Court" 2013 Issue 1
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Judgment Summary
Employer and the employee reached a compensation agreement for work-related injury accident , but the amount of compensation agreed in is significantly lower than the work-related injury insurance benefits that workers should enjoy If is obviously unfair . If workers request the revocation of the compensation agreement, the people's court shall support it.
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Legal Article Reference
"Interpretation of the Supreme People's Court on the Application of Laws in Trial of Labor Disputes Cases (I)" (Fa Shi [2020] No. 26)
Article 35 If an agreement reached between the worker and the employer on the termination or termination of the labor contract, the payment of wages and remuneration, overtime pay, economic compensation or compensation, etc. does not violate the mandatory provisions of laws and administrative regulations, and does not exist in fraud, coercion or taking advantage of the situation of taking advantage of others, it shall be deemed valid.
If there is a major misunderstanding or obvious unfair situation in the agreement in the preceding paragraph and the parties request to revoke it, the people's court shall support it.
15. Wang Mouhuai v. Xuyi County Labor and Social Security Bureau, Jiangsu Province, administrative confirmation case of work injury
"Gazette of the Supreme People's Court" 2011 Issue 9
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Judgment Summary
"Workplace" refers to the place where employees work, such as the workshop where employees are located, rather than the specific job position of the employee himself. If an employee "joined the post" occurs in a safety accident, it will occur during working hours and in the workplace and due to work reasons, that is, it meets the above-mentioned work injury recognition conditions. Whether or not "joined the post" does not affect their work injury recognition.
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Legal reference
"Work Injury Insurance Regulations" (Revised in 2010)
Article 14 Employees who have any of the following circumstances shall be considered as work-related injuries:
(I) Injured by accidents during working hours and workplaces due to work reasons;
(II) Injured by accidents in workplaces before and after working hours, engaged in preparatory or final work related to work in the workplace;
(III) Injured by accidents such as violence during working hours and workplaces due to the performance of work duties;
(IV) Injured by occupational disease;
( 5) During the period of going out for work, the whereabouts of an accident are unknown due to work reasons;
(VI) Injured by traffic accidents or urban rail transit, passenger ferry, or train accidents that are not the main responsibility of the person;
(VII) Other circumstances that should be deemed to be an industrial injury as stipulated by laws and administrative regulations.
"Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work Injury Insurance"
Article 4 If the social insurance administrative department determines that the following circumstances are work-related injuries, the people's court shall support it:
(I) Employees are injured during working hours and in the workplace, and the employer or the social insurance administrative department has no evidence to prove that it is caused by non-work reasons;
(II) Employees are injured in participating in activities organized by employers or assigned by the employer to participate in activities organized by other units;
(III) Employees are injured in working hours during working hours and in reasonable areas between multiple workplaces related to their work responsibilities;
(IV) Others are injured in working hours and in working hours.
(IV) Others are injured in working hours and in working areas related to the performance of their work responsibilities.
16. Zou Mouying sued Sun Mougen and Liu Mou's work-related injury damage compensation dispute case
"Supreme People's Court Gazette" 2010 Issue 3
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Judgment summary
The legal representative of the company knew that the company's employees constituted an injury and were conducting an work-related injury grade appraisal , but did not consider the benefits payment after the work-related injury grade appraisal, thus causing significant damage to the interests of the work-related injury employees, the behavior should be determined to constitute a serious negligence and shall bear the liability for compensation in accordance with the law. , as a member of of the liquidation group, fails to fulfill their responsibilities of verification during the company's dissolution and liquidation process, and should also be determined to have gross negligence and bear the joint and several liability for compensation .
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Law reference
" Company Law of the People's Republic of China " (2018 amended)
Article 189 Members of the liquidation group shall be loyal to their duties and perform liquidation obligations in accordance with the law.
Members of the liquidation group shall not use their powers to accept bribes or other illegal income, nor shall they embezzle the company's property. If members of the liquidation group cause losses to the company or creditors due to intentional or gross negligence, they shall bear the liability for compensation.
17. Beijing Guoyu Hotel Co., Ltd. v. Beijing Chaoyang District Labor and Social Security Bureau, administrative dispute case for work-related injury determination
"Gazette of the Supreme People's Court" 2008 Issue 9
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Judgment Summary
"If an employee is employed at the same time, each employer shall pay work-related injury insurance premiums for the employees respectively. If an employee suffers an injury, the unit where the employee works shall bear the work-related injury insurance liability in accordance with the law. "According to this provision, if a laid-off or stand-off employee works in another unit, the unit shall also pay work-related injury insurance premiums for the employees; if an employee suffers an injury injury while working in the unit, the unit shall bear the work-related injury insurance liability in accordance with the law.
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Law Article Reference
"Several Provisions on the Implementation of the Social Insurance Law of the People's Republic of China"
Article 9 If an employee (including part-time practitioners) finds employment at the same time in two or more employers, each employer shall pay work-related injury insurance premiums for the employees respectively. If an employee suffers work-related injury, the unit that works when the employee is injured shall bear the work-related injury insurance liability in accordance with the law.
18. Yang Moufeng v. Wuxi Labor and Social Security Bureau’s administrative dispute case for work injury identification
《Gazette of the Supreme People’s Court》2008 Issue 1
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Judgment Summary
Application for work injury identification shall be calculated from the date of the accident injury. "Date of the accident injury" here should Including the actual date of the injury result caused by an injury accident. The injury result has not actually occurred when the work-related injury accident occurs. If the work-related injury employee submits an application for work-related injury recognition within one year after the actual injury result occurs, it does not exceed the application for work-related injury recognition.
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Law Article Reference
"Work Injury Insurance Regulations" (Revised 2010)
Article 17 If an employee has an accident injury or is diagnosed or identified as an occupational disease in accordance with the provisions of the Occupational Disease Prevention and Control Law, the unit shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinated area within 30 days from the date of the accident injury or the date of diagnosis or identification as an occupational disease. In case of special circumstances, the application time limit can be appropriately extended with the approval of the social insurance administrative department.
If an employer fails to apply for work-related injury recognition in accordance with the provisions of the preceding paragraph, the work-related injury employee or his close relatives or trade union organization may directly submit an application for work-related injury recognition to the social insurance administrative department of the coordinated area of the employer within one year from the date of the accident or the date of being diagnosed or identified as an occupational disease.
Matters that should be determined by the provincial social insurance administrative department in accordance with the provisions of the first paragraph of this article shall be handled by the municipal social insurance administrative department in the prefecture-level district where the employer is located in accordance with the principle of territoriality.
The employer fails to submit an application for work-related injury recognition within the time limit specified in the first paragraph of this article. During this period, the employer shall bear the relevant expenses such as work-related injury benefits that meet the provisions of these regulations.
9. Lingwang Company v. Wuxi Municipal Labor Bureau Work Injury Determination Administrative Dispute Case
"Supreme People's Court Gazette" 2007 Issue 1
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Judgment Summary
00 The work-injury determination made before the implementation of the "Work Injury Insurance Regulations" was revoked by the People's Court's judgment, and the work-injury determination procedure restarted after the implementation of the "Work Injury Insurance Regulations" shall be implemented. The provisions of the Insurance Regulations. In the work-related injury recognition procedure that has been terminated, if the labor and social security administrative department has obtained evidence of employees' injuries, it may no longer investigate and verify in the restarted work-related injury recognition procedure.
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Law Article Reference
"Work Injury Insurance Regulations" (Revised 2010)
Article 67 This Regulation shall come into force on January 1, 2004. If an employee who has been injured in an accident or has suffered from occupational diseases before the implementation of this regulation, it shall be implemented in accordance with the provisions of this regulation.
20. Yang Mouwei v Baotou 20 Metallurgical Company personal injury compensation Dispute case
"Gazette of the Supreme People's Court" 2006 Issue 8
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Judgment Summary
If a worker is injured due to infringement by a third party other than the employer, it constitutes an industrial injury. The worker is both an injured employee in the work injury accident and a victim of the infringement. has the right to be the same as At the time of obtaining work-related injury insurance compensation and personal infringement compensation; employer and infringer shall bear their respective liability for compensation in accordance with the law. Even if the worker has obtained compensation from one party in advance, the liability for compensation of the other party cannot be exempted or reduced.
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Legal Article Reference
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases" (2020 Amendment)
Article 3 If an employer who should participate in the work-related injury insurance coordination in accordance with the law suffers personal injury injury due to an work-related injury accident, and the worker or his close relatives sue the people's court for the employer to bear civil compensation liability, he shall be informed to deal with it in accordance with the provisions of the "Work Injury Insurance Regulations".
If the compensation right holder requests the third party to bear civil compensation liability due to infringement by a third party other than the employer, the people's court shall support it.
21. Songye Stone Factory v. Xingyang Municipal Labor Insurance Bureau Work-related Injury Determination Case
"Gazette of the Supreme People's Court" 2005 Issue 8
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Judgment Summary
After the labor and social security administrative department accepts the application for work-related injury recognition, the employer requires the statutory procedures to submit it within the specified time. For relevant evidence, if the employer refuses to provide evidence to the administrative authority without a legitimate reason and provides it to the people's court in the administrative litigation process, the people's court may not adopt it.
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Legal Article Reference
"Work Injury Insurance Regulations" (Revised 2010)
Article 19 After the social insurance administrative department accepts the application for work-related injury recognition, it can investigate and verify the accident injury according to the review needs. Employers, employees, trade union organizations, medical institutions and relevant departments shall provide assistance. The identification of occupational disease diagnosis and diagnosis disputes shall be carried out in accordance with the relevant provisions of the Occupational Disease Prevention and Control Law. If an occupational disease diagnosis certificate or occupational disease diagnosis appraisal certificate is obtained in accordance with the law, the social insurance administrative department will no longer conduct investigation and verification.
If an employee or his close relative believes that it is an industrial injury and the employer does not consider it to be an industrial injury, the employer shall bear the burden of proof.
22. He Mouliang sued the Labor Bureau of Wuhou District, Chengdu City, administrative behavior case
"Gazette of the Supreme People's Court" 2004 Issue 9
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Judgment Summary
in daily work "going to the toilet" is its necessary and reasonable physiological need, It is inseparable from the normal work of workers and should be protected by law. The administrative determination made by the defendant does not reflect the basic principles of protecting the legitimate rights and interests of workers in the Labor Law, and is an error in the application of law.
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Legal Article Reference
"Work Injury Insurance Regulations" (Revised 2010)
Article 14 Employees who are in any of the following circumstances shall be deemed to be an employee injury:
(I) In case of accidental injury caused by work reasons during working hours and workplaces;
(II) In case of accidental injury caused by work-related preparatory or final work in the workplace before and after working hours;
(III) In case of accidental injury caused by violence and other accidental injury during working hours and workplaces;
(IV) Those suffering from occupational diseases;
(V) Those who are injured due to work reasons or have an accident unknown during get off work trips;
(V) Those who are injured by traffic accidents that are not the main responsibility of the city rail transit, passenger ferry, or train accidents that are not the main responsibility of the person;
(VII) Other circumstances that should be deemed to be an employee injury as stipulated by laws and administrative regulations.
Note: The case has made changes to the article, please indicate the source when reprinting.
●2022 version of the work-related injury identification process and compensation standards (grades 1-10, work-related death)
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summary of work-related injury insurance policies
●Supreme of the Supreme Court: "48 hours" should not be considered as work-related injuries and should not be expanded at will! (Appendix: Three opinions from the Ministry of Human Resources and Social Security)
Statement: This article is reproduced from the WeChat official account of "Labor Law Action World", thank you here!
Edited by: Pan Yuanyuan
Typesetting: Wang Qiao
Review: Liu Chang
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