Misconceptions about workers' compensation insurance

english.shanghai.gov.cn| July 29, 2024

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[Photo/Shanghai Municipal Human Resources and Soical Security Bureau WeChat Account]

Misconception 1: Only high-risk industries need to participate in workers' compensation insurance. If enterprises of an industry is deemed to be low risk, they don't need to participate.

Reality: According to Article 2 of the Regulations on Work-related Injury Insurance, various entities, including companies, public institutions, social organizations, private non-business units, foundations, law firms, and accounting firms within the territory of the People's Republic of China, along with individual businesses with employees – must enroll in workers' compensation insurance as prescribed by these regulations and pay workers' compensation insurance premiums for all their employees.

Misconception 2: Employees who participate in workers' compensation insurance must also pay a portion of the premium monthly.

Reality: According to Article 10 of the Regulations on Work-related Injury Insurance, it’s the responsibility of employers to ensure timely payment of workers' compensation insurance premiums. Employees are not obliged to contribute to these premiums.

Misconception 3: The workers' compensation insurance premium rate is the same for all units.

Reality: The second and third paragraphs of Article 8 of the Regulations on Work-related Injury Insurance specify that different industries have varying premium rates based on the level of work-related injury risk. Rates are determined considering factors like the utilization of workers' compensation insurance funds and the frequency of work-related injuries within each industry.

Misconception 4: After a work-related injury occurs, employees can apply for workers' compensation at any time without a deadline.

Reality: According to the first and fourth paragraphs of Article 17 of the Regulations on Work-related Injury Insurance, in the event of an accident injury or diagnosis of an occupational disease as prescribed by the Occupational Disease Prevention Law, the employer must apply to the social insurance administrative department of the coordinated region for workers' compensation recognition within 30 days from the date of the accident or the diagnosis of the occupational disease, or the employer shall bear the costs. 

Misconception 5: All medical expenses incurred from work-related injuries can be reimbursed.

Reality: Thecosts of treating work-related injuries that comply with the workers' compensation insurance treatment directory, the workers' compensation insurance medicine directory and the workers' compensation insurance hospitalization service standards are paid from the workers' compensation insurance fund.

 

Source: Shanghai Municipal Human Resources and Soical Security Bureau