If the company was not reported at the time of the accident and related evidence was not collected and stored in a timely manner, the company may not be able to provide sufficient evidence to confirm the existence of a work-related injury and the injury caused by it, bringing uncertainty to the final result. According to the “Regulations on Work-related Injury Insurance”, if an employee is injured due to an accident, the employer must apply for workers’ compensation to the social insurance administrative department at their location within 30 days from the date of the accident (which can be extended by application). If the employer has not applied for workers’ compensation within the stipulated period, the related costs that comply with the regulations during this period, such as workers’ compensation benefits, must be borne by the employer. In this case, the application for workers’ compensation is likely to exceed the above deadline, and if it is finally determined to be a work-related injury, the company needs to bear the costs that the workers’ compensation insurance fund should pay to the employee (including the medical expenses, drug fees, hospitalization fees, meal subsidies, transportation fees, meal expenses, accommodation fees, incurred by the employee for the treatment of the work-related injury).
When an employee has an accident, regardless of the degree of injury, they should promptly report to the company’s management department, and the management department should carefully judge whether to apply for workers’ compensation. When carrying out retirement procedures for retiring employees, confirm with the individual whether there are any unreported accidents, and take measures to have them sign a confirmation letter.
Duan & Duan Law Firm
A&Z Integrated Service Team for JP enterprises
URL: https://www.duanduan.com/
http://www.a-zlf.com.cn/
E-Mail：info@A-Zlf.com.cn
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