I thought that buying group accident insurance could reduce the risk, but two lawsuits failed, and the policy of 10 thousand yuan was still in hand, but it has become "waste paper" Boss Kang's warning warns the insured that commercial insurance can't replace industrial injury compensation, and who is the beneficiary of group insurance, so don't "look at flowers in the fog".
1
The boss pays insurance for his employees.
"Employees who produce furniture will inevitably have work-related injuries. Every year, employees' medical treatment and work-related injury compensation are not small expenses, so they spend 10 thousand yuan on insurance almost every year. "On April 1 1 2005, Boss Kang insured personal accident insurance, the main insurance group of Tianan Insurance Co., Ltd. (hereinafter referred to as the" insurance company "), with a maximum coverage of 300,000 yuan per person, and the accidental medical insurance coverage of additional insurance groups was 6,543,800 yuan per person.
On April 5, 2006, Chen Jian, an employee of a furniture factory, accidentally crushed his right hand 1~4 while working in the workshop. It was recognized as a work-related injury by Shunde Labor and Social Security Bureau, and was assessed as a five-level disability by Foshan Labor Ability Appraisal Committee.
Kang Qingqiang, the person in charge of the furniture factory, reached a mediation agreement with Chen Jian: Kang Qingqiang paid Chen Jian a one-time compensation of 6,543,800 yuan. On May 22nd, the furniture factory paid 80,000 yuan in cash to Chen Jian and made an iou, and the remaining 20,000 yuan was paid by the insurance company.
2
The insurance company insisted on paying compensation to the injured.
Because there is no agreement on the beneficiary in the group insurance contract, when the furniture factory filed a claim with insurance information, disability appraisal and medical documents, the insurance company offered to pay the insurance money to the injured Chen Jian and refused to pay the insurance money directly to the furniture factory.
In the courts of first and second instance, the furniture factory and the insurance company had a heated debate on whether the furniture factory could ask the insurance company to pay insurance compensation.
The court held that the beneficiary of life insurance was designated by the applicant or the insured. When the applicant designates the beneficiary, it must be designated by the insured. As the insured, Chen Jian asked the insurance company to pay the insurance money directly to him, denying the designation of the furniture factory as the beneficiary. Although the furniture factory has reached a mediation agreement with Chen Jian on industrial injury compensation and paid some money, the furniture factory, as an employer, is liable for employees' injuries, and industrial injury compensation and insurance compensation cannot replace each other.
In addition, the claim for insurance payment refers to the right of the insured or beneficiary to request the insurer to perform the insurance payment obligation according to the contract, which belongs exclusively to the insured or beneficiary. In this case, the insured furniture factory is not the insured or beneficiary in the insurance contract and has no right to ask Tianan Company to pay insurance money. Foshan Intermediate People's Court ruled to cancel the first-instance judgment of Shunde District Court and dismissed the appellant's lawsuit against the furniture factory.
three
Statement: industrial injury compensation is irreplaceable.
Yesterday afternoon, the reporter interviewed Stephanie, deputy director of Guangdong Gujinlai Law Firm, who undertook the case. "Many companies are lucky when buying group accident insurance, thinking that buying such commercial insurance can reduce their own risks. In fact, commercial insurance purchased for employees cannot replace industrial injury compensation. " Stephanie pointed out that only with the consent of the insured and a clear agreement that the beneficiary is the insured enterprise can the enterprise get compensation directly, and it is better to have a clear written agreement.
In addition, because some insurance companies pay group insurance compensation, they directly deposit the money into the account agreed upon when signing the insurance contract; However, many of them are insured enterprise accounts, which easily make the insured mistakenly think that they should be beneficiaries, and the insurance company should inform the real situation in time.
Buy group insurance to avoid "seeing flowers in the fog"
In response to the question raised by Kang Boss about group insurance compensation, the reporter consulted different insurance companies in Foshan:
insurance
In the case of personal accident insurance of the main insurance group and accidental medical insurance of the additional insurance group, Ms. Yu of China Ping An Insurance and Ms. Chen of Sino-Italian Insurance said that they could cover millions of yuan, but the cost of this insurance amount is also very high. Generally, companies will buy insurance for employees with a coverage of less than 200,000 yuan.
Insurance beneficiary
Regarding the beneficiary of group insurance, all three insurance companies mentioned above indicated that if the beneficiary was not agreed in advance, the compensation of the insurance company would be paid to the insured, not the insured enterprise.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.