Legal analysis
Before the company goes bankrupt, the audit department will intervene in the investigation as soon as possible, and first find out the whereabouts of the accounts and detailed receipts and payments bills. The political and legal departments of government agencies will coordinate the labor and civil affairs departments to handle compensation matters. If there is no work-related injury identification due to bankruptcy, first apply for work-related injury identification and identify the disability level. After evaluation, compensation can be made through work-related injury insurance. The following are the procedures for work-related injury identification: apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, and the company needs to declare it within one month of the accident. If the company does not apply, the workers or their close relatives will apply for appraisal within one year. Materials to be submitted: application form for work-related injury identification (generally downloaded from the website of the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc. If you have a disability after treatment and the injury is relatively stable, you should apply for labor ability appraisal and apply to the municipal labor ability appraisal Committee (generally established in the Human Resources and Social Security Bureau at the same level); According to the level of disability, the compensation is different. The main compensation includes: medical expenses, one-time disability subsidies, one-time employment subsidies, one-time medical subsidies, wages during shutdown, food subsidies, nursing expenses, etc. If there is no labor contract and other evidence to prove the existence of labor relations, and it is impossible to apply for work-related injury identification, you can apply for labor arbitration, and first confirm the existence of labor relations with the employer. After labor arbitration confirms the existence of labor relations, apply for work-related injury identification.
legal ground
"Regulations on Work-related Injury Insurance" Article 43 If the employing unit is divided, merged or transferred, the successor unit shall bear the responsibility of the original employing unit for work-related injury insurance; If the original employer has participated in work-related injury insurance, the successor unit shall go to the local agency to register the change of work-related injury insurance. Where the employing unit conducts contracted operation, the responsibility for work-related injury insurance shall be borne by the unit where the employee's labor relations are located. If an employee is injured by an industrial accident during the secondment period, the original employer shall bear the responsibility of industrial injury insurance, but the original employer and the secondment unit may agree on compensation measures. If an enterprise goes bankrupt, the industrial injury insurance benefits that should be paid by the unit shall be distributed according to law at the time of bankruptcy liquidation.