Research On The Advance Payment Of The Work-related Injury Insurance Funds

It is the duty of an employer to pay work-related injury insurance for employees, but there are still a lot of employers who do not pay it. If employees got work-related injury, how their rights be protected and get relief? The Social Insurance Law has established the social insurance fund advance payment system. This paper researches on the advance payment of workers’ injury funds, based on the analysis of the status of the legal system, the implementation of current law and the deficiency in the system. It pointed out imperfections from two aspects of fairness and efficiency, and defects of the recovery mechanism. Then, put forward some suggestions to perfect the legal system and to make the system implement further. This paper is divided into four parts:The first part is mainly about general theory of the advance payment of workers’ injury funds. This part firstly introduces the meaning of the advance payment of workers’ injury funds, including payment and repayment of benefits of work-related injury insurance. Secondly, the two situations according to the Social Insurance Law, general work-related injury accident case and injury case caused by a third party. Finally this part discusses the function of the advance payment system, security and rescue.The second part gives an introduction of present situation of this system and several problems. The present situation introduces the implementation of three documents: Social Insurance Law, Regulation on Work-Related Injury Insurances and Interim Measures for Advance Payment of Social Insurance Funds. Then，it points out four problems existing in the present system: First of all, the current system of regulation is difficult to ensure the safety of fund, which is one of the biggest challenges facing to the advance payment system. Secondly, the advance payment for general work-related injury accident is contrary to the principle of right equal with obligation. Thirdly, the conditions to apply for advance payment is difficult to ensure that the treatment could be paid fairly and timely, which is not conducive to protect injury worker’s rights. Fourthly, as an important part of the system of advance payment, the repayment mechanism also has loopholes and defects, affecting the value of advance payment system and the realization of the function of relief. What’s more, the issue about the industrial injury insurance and the tort compensation still need a definite explanation.The last part puts forward suggestions on perfecting the legal system of advance payment of work-related injury insurance funds. It suggests defining the government’s responsibilities of ensuring the fund security, and increasing our punishment lever to force every employer to perform its obligations and to crack down on insurance fraud activities. Reforming the procedures such as the work-related injury appraisal, which impacts on the efficiency of the advance payment, and the mechanism of recovery which is regarded as the key and safeguard are also be suggested. What’s more, on the aspects of social security system, fund management, it is necessary to reform relevant policy supporting system to strengthen the support for the advance payment system.