Who is responsible for compensation in the event of an accident where a company fails to pay social security for its employees? Recently, the Nanshan District People's Court in Shenzhen announced a dispute over a vehicle rental contract caused by a safety accident. It is reported that Company A is contracted to clean and maintain the exterior decorative panels of a commercial building. To complete high-altitude operations, Company A rented a truck crane (with an operator) from Company B, and the truck crane arm was welded and installed with a high-altitude construction platform. During the homework process, a worker from Company A fell from the construction platform, resulting in injury or death. The accident investigation report shows that the direct cause of the accident was poor welding quality at the connection between the construction platform crossbeam and the crane boom. In addition, Company A violated the safety regulations for lifting machinery by using a modified truck crane for high-altitude work on the construction platform, inadequate safety management of the work site, and inadequate safety education and training for workers. Company A was found to be primarily responsible for the accident and was given administrative penalties. Company A did not purchase work-related injury insurance for its workers. Due to a voluntary agreement reached between Company A and the surviving family members, a total of 1.35 million yuan in compensation was paid, including funeral subsidies and one-time work-related death allowances, in accordance with the agreement. Afterwards, Company A filed a lawsuit with Nanshan District People's Court in Shenzhen, requesting that Company B be ordered to bear the compensation for the work-related injury. The court held that according to the relevant provisions of the Social Insurance Law of the People's Republic of China, employees should participate in work-related injury insurance, and the employer should pay the work-related injury insurance premiums. Employees do not pay the work-related injury insurance premiums; If an employee's employer fails to pay work-related injury insurance premiums in accordance with the law and a work-related accident occurs, the employer shall pay the work-related injury insurance benefits. It is the legal obligation of employers to purchase work-related injury insurance for employees. When a work-related injury is caused by a third party, and the compensation for the third party's infringement damages competes with the compensation for work-related injury insurance, the employer who fails to pay work-related injury insurance in accordance with the law shall pay work-related injury insurance benefits to the employee or the survivor of the deceased. In the involved accident, Company A reached an agreement with the families of the deceased through voluntary negotiation in accordance with the work-related injury insurance benefits and standards, and paid 1.35 million yuan in compensation to the families based on the agreement. The compensation is the work-related injury insurance benefits that the deceased and their families should enjoy according to law. If Company A purchases work-related injury insurance for its employees, the social insurance agency will pay funeral subsidies, support for relatives, and work-related death subsidies and other work-related injury insurance benefits. But Company A did not purchase work-related injury insurance for its employees, and the related payment obligations should be borne by itself. Company A's claim for compensation from Company B through the lease contract relationship is actually a transfer of statutory responsibility, which is inconsistent with the legality of work-related injury insurance and is unsupported by law. The court does not support this claim. If the surviving family members of a deceased worker request B company to bear the liability for infringement damages on the grounds that the vehicle provided by B company has quality problems, they can seek legal resolution through other means. The verdict has now come into effect. The judge stated that work-related injury insurance is mandatory by the state through legislation and is a basic right that employees should enjoy. Paying work-related injury insurance for employees is a legal obligation of employers. Even if the employer and the employee agree not to pay social insurance or replace social insurance with commercial insurance, the employer's obligation cannot be exempted. And whether the employer can obtain the "subrogation right" to claim the paid fees from the actual infringer after actually paying the above-mentioned fees, there is currently no relevant law stipulating that the employer has the right of recourse in this situation. The judge reminds that employers should consciously fulfill their legal obligations and timely and fully pay social insurance premiums for their employees in accordance with regulations. This is not only a legal protection for employees, but also a necessary measure for enterprises to operate in compliance and avoid risks. (New Society)
Edit：Lubaikang Responsible editor：Chenze
Source：epaper.legaldaily.com.cn
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