Money & workIdea 14 · 1 min read

Lack of work-injury insurance does not remove benefits; the employer owes the same items and amounts

Grade A evidenceValue: High
In plain language

If a Chinese employer failed to insure you, it must pay the same statutory benefits itself. Non-enrollment adds employer penalties, including arrears, daily 0.05% late charges and, after continued nonpayment, 1–3 times the arrears. “We did not insure you, so we cannot compensate you” is not a defense.

MoneyNo cost
TimeSome time
EffortSome effort

What it takes

No application fee described. A resisting employer may require arbitration or litigation lasting months and persistent follow-up.

What you may gain

The regulations expressly require an uninsured employer that should have enrolled to pay an injured employee according to the same benefit items and standards. Only the payer changes, not the entitlement.

Context & considerations

Failure to insure penalizes the employer; it does not reduce the employee's benefit standard.

Research & references

Work-Injury Insurance Regulations, Article 62(2), employer payment at statutory items and standards when required insurance was absent. Paragraph 1 requires enrollment and back contributions, daily 0.05% additions from default and a 1–3-times-arrears fine for continued nonpayment. https://www.gov.cn/gongbao/content/2011/content_1778064.htm