Company Risk Prevention for Work Related Accidents

In today's society, whether you admit it or not, insurance has penetrated into our lives. Everyone knows that purchasing insurance is not to make money through insurance, but to resist risks, transfer risks, and stop losses in a timely manner when faced with risks.

Taking car insurance as an example, whether or not you have car insurance, you may drive on the road. However, without insurance, it is like running naked. In the event of an accident, all the consequences need to be borne by yourself. It can range from losing money to losing everything, and in severe cases, losing one's family and life. That's why there is statutory compulsory traffic insurance, which is a basic two-way protection.

Unfinished to be continued

In life, this is also true for business operations. Many company bosses, especially those in their early stages, have a sense of luck and believe that paying social security to their employees is a significant expense. The company bears a heavy burden and requires employees to sign a declaration to waive their social security contributions; Or employees may proactively propose to directly distribute social security premiums as subsidies and purchase commercial insurance themselves. Little did they know that operators, in their ignorance and fearlessness, have planted huge hidden dangers in the operation of the enterprise. Not only is it illegal, but once an accident occurs, it can be a fatal blow to many businesses.

Taking work injury insurance as an example, it is one of the five types of insurance with lower payment and often overlooked by enterprises. However, once an accident occurs, the compensation for work injury insurance is often the highest.

Case One

Li, an employee of a certain company, rushed to work after dropping off his child to school in the morning. Unfortunately, he was hit by a car while crossing the road, causing serious brain injury and death. After mediation by the court, the driver involved in the accident and the insurance company jointly compensated their family members with more than 800000 yuan (already fulfilled). After that, their family members submitted an application for work-related injury recognition to the Human Resources and Social Security Bureau, and later applied to the Labor Dispute Arbitration Committee for arbitration, demanding that a certain company pay a total of more than 900000 yuan in funeral subsidies and one-time work-related death subsidies, and received the support of the arbitration tribunal.

According to the law, if a person is injured in a traffic accident or urban rail transit, passenger ferry, or train accident that is not their main responsibility during commuting, it is considered a work injury. For a company that is still in the start-up stage, this is undoubtedly a heavy blow.

Enterprise risk

For enterprises, employers who should participate in work injury insurance but have not participated in work injury insurance. If an employee suffers a work injury, according to regulations, the employer shall pay all the expenses in accordance with the work injury insurance benefits and standards stipulated in the regulations.

Even if work injury insurance is paid for employees, the employer's own salary during the period of suspension and employment, as well as the eligible nursing fees and one-time disability employment subsidies, are still significant expenses.

As a result, many bosses can't help but sigh: being a boss is so difficult, impossible to prevent, and all risks are borne by oneself. So, is there any way to avoid risks and take remedial measures?

As a professional legal risk prevention and control institution, we have focused on organizing several methods to control and prevent employment risks, for reference by enterprises that meet the corresponding situations:

01.Choose a reasonable form of employment and transform from an employment relationship to a project cooperation relationship.

For the vast majority of enterprises, it is important to streamline their business processes, identify areas for outsourcing and collaboration, and minimize their employment responsibilities and legal risks.

For example, cleaners, porters, and security personnel can first establish service relationships with professional companies such as moving companies, housekeeping companies, and security companies; Enterprise office decoration and other projects should be contracted to decoration companies with good salary quality rather than individuals, and other engineering projects should also be inspected and confirmed before being contracted to qualified enterprises.

02.Skilled in utilizing the limited liability of limited liability companies.

Limited companies are the main form of operation in modern society, but some bosses are not good at utilizing limited liability and prefer to blindly expand registered capital, registering companies worth millions or even billions.

Once a significant risk occurs, all the whistleblowers will be held responsible, and the limited liability of shareholders is limited to their subscribed registered capital.

03.Skilled in utilizing insurance systems and shifting risks (work injury insurance, employer insurance, accident insurance)

For capable enterprises, we suggest paying work-related injury insurance for their employees and purchasing corresponding social insurance to supplement the coverage of the insurance fund, such as employer insurance, accident insurance, etc.

For personnel who are undergoing training and inspection during the probationary period and have not yet confirmed whether to retain them, or employees who are hired for a short period of time, they can choose to purchase short-term commercial insurance for them, and it is agreed in the contract that the insurance compensation will be prioritized for offsetting work-related injury compensation. In practice, it is not uncommon for employees to experience work-related accidents just after entering the company and still undergoing trial and inspection.

04.Safety education is the king, and employee onboarding assessments and physical examinations are not relaxed.

The devil hides in the details. For enterprises, especially processing type enterprises, it is necessary to strengthen employee safety learning, cultivate and supervise employee safety protection awareness, and establish a reward and punishment system; At the same time, emphasizing onboarding assessment and physical examination in special positions is always the most important means of control.

Yunyou method

In short, "if everything is anticipated, it will stand; if not anticipated, it will be abandoned.". Enterprise management should be prepared in advance, take preventive measures, and start with risk prevention at the source!!! Ying'an Yunyou Law Service focuses on providing Internet legal services for small and medium-sized enterprises. It is an exclusive legal adviser for enterprises. It has operated for many years and is professional and reliable. To safeguard the development of enterprise management!!!