How Do Part-Time Employees Protect Their Rights And Interests Due To Injuries?

The third provisions of the Supreme People's Court on Several Issues concerning industrial injury insurance administrative cases are stipulated in the following article: "the social insurance administrative department determines that the following units shall be responsible for work-related injury insurance units, and the people's courts shall support them: (1) the establishment of labor relations between workers and two or more than two units. When workers are injured in industrial accidents, the units that workers work for are workers who bear industrial injury insurance liabilities."

I agree with the company a, I work part-time in B company, B company has no objection to this. Three months ago, when I was driving a motorcycle to B company, I had a traffic accident and spent 110 thousand yuan on medical expenses. Later, I was identified as a nine grade disability. According to the traffic police department, the driver is responsible for the accident. Because neither company a nor B has worked for me for work-related injury insurance, I can not enjoy work-related injuries. I require compensation from company a and B. However, a company believes that my injury occurred on the way to work for B company, and should be compensated by B company. And B company believes that a company first set up labor relations with me, has the obligation to deal with industrial injury insurance for me, B company as a subsequent employer has no corresponding obligations. Excuse me, I am injured by work. Which unit should be injured? Responsibility ?

It should be borne by B company. Liability for compensation 。 On the one hand, both a and B have a statutory obligation to handle work-related injury insurance for you. The State Council promulgated the second regulation of the industrial injury insurance Ordinance: "enterprises, institutions, social organizations, private non enterprise units, foundations, law firms, accounting firms and other individual businesses in People's Republic of China shall participate in work-related injury insurance in accordance with the provisions of this Ordinance, and pay work-related injury insurance premiums for all employees or employees of the unit. Enterprises, institutions, social organizations and private non enterprise units in People's Republic of China. Foundation Employees of law firms, accounting firms, and other employees of individual industrial and commercial households have the right to enjoy industrial injury insurance benefits in accordance with the provisions of these regulations. "

That is, as long as there is labor relations, employers must deal with work-related injury insurance for their employees. The first provision of the Ministry of labor and social security on the implementation of certain issues concerning industrial injury insurance regulations stipulates more clearly: "when employees are employed at two or more than two employing units, the employers should pay insurance premium for work-related injuries respectively." In view of the fact that you are working in a and B company at the same time, there are labor relations respectively. The two companies naturally have the obligation to work injury insurance for you at the same time.

On the other hand, you have the right to ask for compensation for industrial injury to B company.

Because you are on the way to B company to work on the way to traffic accidents, and the traffic police department has identified the driver of the other party responsible for the accident. Your case is work-related injury. This means that the company is a unit responsible for work-related injury insurance. If it fails to handle the industrial injury insurance for you, it should bear the responsibility according to the provisions of the sixty-second article and second paragraph of the industrial injury insurance Ordinance.