Q:
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Is it reasonable for an enterprise to think at first that the employee was only on duty for 2 hours and was still in the trial period, and therefore the enterprise was not at fault and would only bear humanitarian compensation?
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A:
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According to the Labor Contract Law, labor relations are established from the date of employment. Therefore, even if the employee arrives at work for only two hours, he or she has already established labor relations with the enterprise, and the enterprise should bear the corresponding responsibility.
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Q:
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Whether the employee's sudden death at work can be ruled as a work-related injury?
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A:
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According to the Regulations on Work-Related Injury Insurance, an employee is deemed to have sustained a work-related injury under one of the following circumstances:
During working hours and at work, sudden death of illness or death within 48 hours after resuscitation failed;
In the rescue and relief of disasters and other activities to protect the national interest, public interest injury;
The employee originally served in the military, disabled by war or service-related injuries, has obtained the Revolutionary Disabled Soldier Certificate, to the employer after the recurrence of old injuries.
According to this first provision, the employee can be ruled as a work-related injury.
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Q:
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What actions of employees that result in injury or death will not be recognized as work-related injuries?
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A:
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Intentional crimes;
Intoxication or drug use;
Self-harm or suicide;
Laws and administrative regulations provide for other circumstances.
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Q:
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If a company does not pay social insurance for its employees in accordance with the law, who will bear the costs incurred?
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A:
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If the employer does not declare the work injury insurance premiums according to the law, the employer shall pay the work injury insurance treatment if the accident occurs. If the employer does not pay, it will be paid first from the work injury insurance fund.
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Q:
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If a company makes retroactive payments for an employee, is the employee eligible for workers' compensation insurance?
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A:
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After the employer declare the work injury insurance and makes up the work injury insurance premiums and late payment, the work injury insurance fund and the employer shall pay the newly incurred expenses in accordance with the provisions of these regulations.
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Q:
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In this case, the company has not yet declared social insurance for the employee, and the employee was injured or killed, whether he can still enjoy the work injury treatment after making up the payment?
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A:
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According to the relevant provisions of the Social Insurance Law, the employer should apply for social insurance registration for its employee with the social insurance agency within 30 days from the date of employment. The employee died at work two hours after he joined the company, and the enterprise could not pay social insurance for him. Therefore, the relevant department finally found that the employee's work injury insurance treatment was borne by the work injury insurance fund.
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FAQ
