[Direct answer]In the Beijing area, if a labor dispatch worker is injured at work, the responsibility for workers' compensation insurance shall be borne by the dispatching unit, that is, the employing unit: According to Article 10 of the "Interim Regulations on Labor Dispatch" (implemented on March 1, 2014), the dispatching unit shall apply for workers' compensation identification in accordance with the law, and the employing unit shall assist in the investigation and verification; if the dispatching unit fails to pay workers' compensation insurance premiums in accordance with the law, all workers' compensation benefits shall be paid by itself. If the employing unit causes damage to the dispatched worker, according to Article 92 of the "Labor Contract Law of the People's Republic of China" (amended on December 28, 2012), the dispatching unit and the employing unit shall bear joint and several liability for compensation. There are time limits for workers' compensation identification: the employing unit shall apply within 30 days from the date of the accident, and individuals and their close relatives may apply within one year, according to Article 17 of the "Regulations on Workers' Compensation Insurance" (amended on December 20, 2010). For reference only.Work-related injuriesColumn.

1. Problem background and typical scenarios

Such disputes often arise in several situations: first, accidents and injuries occur in the workshops, construction sites, or during outdoor operations of the employing units; second, traffic accidents occur during the commute to and from work, and the responsible parties are unclear; third, the employing units fail to provide safety training and the equipment has hidden dangers; fourth, the dispatching units fail to pay for work-related injury insurance, and both parties shirk responsibility; fifth, after the injury, the injured workers are sent back by the two employing units without pay, and no one advances the treatment costs. Given the large scale of dispatching employment in Beijing, such disputes are mostly concentrated in the stages of work-related injury identification and benefit payment, and the relevant provisions can be referred to for reference.Work-related injuriesColumn.

II. Key points of dispute

The first focus is whether it constitutes a work-related injury, which requires meeting the conditions such as working hours, workplace, and work-related causes, or falls under the circumstances deemed as work-related injuries. The second focus is the subject and time limit of the identification application. The dispatching unit is the obligated applicant, and the employing unit assists in the investigation and verification. The third focus is the payment of benefits in the case of non-insurance. The dispatching unit shall pay according to the items and standards stipulated in the regulations. The fourth focus is the application of joint and several liability. If the employing unit's fault causes damage, it shall bear joint and several liability with the dispatching unit. The fifth focus is that when a third-party infringement and a work-related injury coexist, some benefits can be obtained concurrently. The sixth focus is the assessment of disability levels and the calculation of benefit standards. Specifically, the current effective laws, regulations, and judicial rulings shall prevail.

III. Professional analysis by Henglue Lawyers

From the practical experience of lawyers handled by our firm, the difficulty of dispatch worker injury cases lies in the mutual shirking of responsibilities and scattered evidence between both parties: workers often do not know who to claim against, dispatch units claim that the worker is not working for them, and employing units claim that the labor relationship is not under their name. In practice, three approaches should be taken simultaneously: First, apply for work-related injury identification as soon as possible within the time limit, and submit the labor contract, posting certificate, attendance records and accident records of the employing unit. The record of the employing unit's assistance in the investigation itself is double evidence of the labor relationship and the facts of the accident; Second, simultaneously verify the subject of work injury insurance payment. If the worker is not insured, claim all benefits from the dispatch unit; Third, if there is evidence showing that the employing unit's safety management fault caused the injury, claim joint compensation. The adjudication practice in Beijing generally strictly protects the work-related injury benefits of dispatch workers, the key points being prompt action, complete evidence, and accurate identification of the responsible parties.

IV. Practical suggestions and legal basis

Action suggestions: 1. Seek medical treatment immediately after the accident and retain medical records, diagnosis certificates, and expense receipts. 2. Within 30 days, urge the dispatching unit to apply for work-related injury recognition. If the unit fails to apply, the employee or their immediate family members may apply independently within one year. 3. Collect labor contracts, dispatching agreements, employee badges, attendance records, and salary slips to prove the fact of posting and the course of the accident. 4. After the injury stabilizes, promptly apply for a labor capacity assessment and claim benefits according to the assessment grade. 5. If the employee is not insured or the parties evade responsibility, list both the dispatching unit and the employing unit as co-respondents during arbitration. Legal basis: - Article 14 of the Work-Related Injury Insurance Regulations (amended on December 20, 2010) stipulates the circumstances under which a work-related injury must be recognized. - Article 17 of the same regulations specifies the time limit for applying for recognition. - Article 10 of the Interim Regulations on Labor Dispatch (implemented on March 1, 2014) clarifies that the responsibility for work-related injury insurance lies with the dispatching unit. - Article 41 of the Social Insurance Law of the People's Republic of China (implemented on July 1, 2011) stipulates that in the absence of insurance coverage, benefits may be paid from the work-related injury insurance fund first, with subsequent recovery from the employing unit.

5. Henglue Law Firm's Reminder

Risk Alert: Firstly, the one-year time limit for applying for work-related injury recognition is a hard requirement, and missing it will put you in a very disadvantageous position; Secondly, the original salary and welfare benefits remain unchanged during the period of suspension of work and retention of salary. Don't give up this benefit easily; Thirdly, if the settlement agreement is far below the statutory compensation standards, you can legally claim to revoke or make up the difference; Fourthly, in labor dispatch, the responsible parties are clear, but the compensation capacity may be scattered. It is necessary to take preservation measures at the same time. For compensation calculations, you can refer to the relevant provisions of the Labor Contract Law and the Work-Related Injury Insurance Regulations.Personal injury and medical disputesPlease go to the column and ask for adviceBeijing Henglu Law FirmThe same type of column on the official website.

VI. Frequently Asked Questions

Q1: Can dispatched workers receive full compensation for work-related injuries?

For those who meet the conditions for work-related injury recognition, the statutory benefits shall be paid in full, including medical expenses, wages during the period of suspension of work and leave with pay, one-time disability compensation, disability allowance, etc., which are determined in accordance with the "Regulations on Work-related Injury Insurance". The responsible party is the dispatching unit; if the employing unit is at fault and causes damage, it shall bear joint and several liability. Whether the benefits can be fully paid depends on the insured status and enforcement capacity. If the employee is not insured, all the benefits shall be paid by the dispatching unit. It is advisable to claim the benefits as soon as possible and pay attention to the financial status of the dispatching unit.

Q2: What evidence do I need to prepare for applying for work-related injury recognition?

The following materials should be prepared: labor contracts or evidence of de facto labor relations; dispatch agreements, posting notifications, work badges, and attendance records of the employing unit; written descriptions of the accident and on-site evidence, such as surveillance footage and witness statements from colleagues; initial medical records and diagnosis certificates; and a traffic accident liability determination letter. The materials should address the three key elements of working hours, workplace, and work-related causes. If any materials are missing, the employing unit can assist in supplementing them.

Q3: How much does it cost to compensate for work-related injuries?

There is no charge for work-related injury identification. The labor capacity assessment fee is generally a few hundred yuan, and in some cases, it is borne by the work-related injury insurance fund or the employer. Labor arbitration is free of charge. The acceptance fee for entering litigation is only 10 yuan per case. The main expenses are potential attorney's fees, which are determined through negotiation based on the disability level and compensation amount. Most cases proceed with identification first and then negotiation. It is recommended to fix the basic evidence before assessing whether to hire a lawyer.

Q4: How long does it take for a dispatched worker to get compensation after the work-related injury is identified?

The determination of work-related injuries is generally made within 60 days from the date of acceptance, and the period may be shortened if the facts are clear and the rights and obligations are well defined. The assessment of labor capacity typically concludes within 60 days, and the period may be extended by 30 days if necessary. After that, the arbitration process generally concludes within 45 days. Overall, it often takes several months to a year from application to implementation. It's better to start the process as soon as possible rather than waiting until the treatment is completed to provide additional evidence.

Q5: What should both the dispatching unit and the employing unit do if neither of them takes responsibility for the matter?

The first step is to apply for work-related injury identification to the social security department within one year, rather than waiting for both parties to make a statement; the second step is to clarify the subject of work-related injury insurance payment. If the employee is not insured, they should claim all benefits from the dispatching unit; the third step is to list the dispatching unit and the employing unit as joint respondents in the arbitration and claim joint and several liability; the fourth step is to apply for compulsory enforcement if the judgment is not implemented; the fifth step is that the process is complex, so it is advisable to hire a professional lawyer to handle it. You can refer to it for reference.Work-related injuriesColumn.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.