When a unit goes bankrupt, revokes, dissolves assets, disposes of land, and distributes net assets, it shall give priority to solving the related expenses of employees with work-related injuries:
Workers with work-related injuries from grade one to grade four receive basic medical insurance premiums at the statutory retirement age;
For employees with work-related injuries ranging from five to ten levels, one-time work-related injury medical subsidies and disability employment subsidies will be issued according to regulations, and the relationship between work-related injury insurance will be terminated. If the unit is restructured and the injured workers are transferred to the successor unit, the successor unit shall bear the industrial injury insurance responsibility of the original employer;
Workers with work-related injuries who have not been transferred to the successor unit shall pay the one-time work-related injury medical subsidy and disability employment subsidy from the realized income of the effective assets of the original employer, and the work-related injury insurance relationship shall be terminated.
How is the treatment of workers' industrial injury insurance stipulated?
1 If an employee is hospitalized due to a work-related injury, the unit to which he belongs shall issue a food subsidy for hospitalization according to 70% of the food subsidy standard of the unit on business trip; Medical institutions issue certificates and report them to the agency for approval. If the injured workers go to the outside of the overall planning area for medical treatment, the required transportation, accommodation and expenses shall be reimbursed by the unit according to the standard of employees' business trip.
2. If an employee suffers from an accident or occupational disease at work and needs to be suspended from work to receive medical treatment for work-related injuries, the original salary and welfare benefits will remain unchanged during the paid suspension, and the unit where he works will pay him monthly. The paid shutdown period generally does not exceed 12 months.
3, life can't take care of themselves injured workers need care during the shutdown, by the unit responsible for.
4. If an employee is identified as one to four disabled due to work-related disability, the employer and the employee shall pay the basic medical insurance premium on the basis of disability allowance.
5. If the labor contract expires, or the employee proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
To sum up, if the company buys work-related injury insurance for employees, then employees will eventually suffer work-related injuries, and the main object of compensation is social security institutions. Therefore, if the company goes bankrupt, the industrial injury compensation is also paid by the insurance institution, so the bankrupt company can also help employees apply. If the company also needs to compensate employees, then even if it goes bankrupt, the remaining property needs us to pay.
Legal basis:
Company Law of the People's Republic of China
Article 186
After clearing up the company's property, preparing the balance sheet and property list, the liquidation group shall formulate the liquidation plan and report it to the shareholders' meeting, shareholders' meeting or the people's court for confirmation. After paying the liquidation expenses, employees' wages, social insurance expenses and statutory compensation, paying the taxes owed and paying off the company's debts, the company's property shall be distributed according to the proportion of capital contribution of shareholders of a limited liability company and the proportion of shares of shareholders of a joint stock limited company.