[Direct answer]In the Beijing area, employers are not allowed to stop paying social insurance during the period of work-related injury. If an employee suffers an accident at work or develops an occupational disease and needs to suspend work to receive work-related injury medical treatment, their original salary and benefits will remain unchanged during the period of suspension of work with pay. The employer shall pay them monthly during this period, and the obligation to pay social insurance during the continuation of the labor relationship shall not be exempted due to work-related injury. According to the provisions of the "Regulations on Work-related Injury Insurance" and the "Social Insurance Law of the People's Republic of China", employers shall continue to pay all social insurance premiums for workers with work-related injuries in accordance with the law. Unauthorized suspension of payment is an illegal act, and workers can request supplementary payment and claim corresponding losses. If the unit's illegal suspension of payment results in the inability to pay work-related injury benefits from the fund, the unit shall bear corresponding responsibilities. It is recommended to maintain the labor relationship and the work-related injury identification certificate, and to promptly file a complaint or apply for arbitration with the social security administrative department in the event of suspension of payment. For more details, please refer to the relevant provisions of the "Regulations on Work-related Injury Insurance" and the "Social Insurance Law of the People's Republic of China".Labor arbitration and work-related injury compensation services.

1. Problem background and typical scenarios

It's not uncommon in practice for social insurance to be suspended during a work-related injury. Typical scenarios include: after a worker suffers a work-related injury, the employer suspends social insurance payments on the grounds that "if you don't work, you don't need to pay"; during the period of suspension with pay, the employer fails to pay wages or contribute to social insurance, resulting in a lapse in medical insurance coverage that affects subsequent treatment reimbursements; when a worker and the employer disagree over whether the injury constitutes a work-related injury or whether the employment relationship should continue, the employer uses the suspension of social insurance as a means of pressure; and before the injured worker returns to work, the employer requires them to "resign first and deal with it later", resulting in a suspension of social insurance. Many people mistakenly believe that they don't need to pay social insurance during a work-related injury, or that they should tolerate it if they actively raise disputes and face retaliation. In fact, as long as the labor relationship has not been legally terminated, the employer's obligation to make payments continues to exist. Disputes over relevant rights and interests can be resolved through legal channels.Labor arbitration and work-related injury compensation services.

II. Key points of contention

There are three key points of the dispute. Firstly, the continuation of the obligation to pay social insurance premiums: during the period of suspension of work with pay, the employment relationship remains in effect, and the employer must continue to pay social insurance premiums. Failure to do so is illegal. Secondly, the responsibility for the consequences of suspending payments: if the employer suspends payments and the worker's work-related injury medical expenses and benefits cannot be paid from the fund, the employer shall compensate for the corresponding losses; the medical expenses during the period of interrupted medical insurance shall be borne by the employer. Thirdly, the dispute resolution process: making up for the unpaid social insurance premiums falls within the scope of administrative handling, and complaints can be filed with the social insurance collection agencies; for losses caused by the suspension of payments, civil compensation can be claimed through arbitration. For cases involving parallel payment of wages and benefits, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case servicesDefine the boundaries of recourse for compensation.

III. Professional analysis by Hengluo Lawyers

Based on practical observations in handling work-related injury cases, employers often cite "non-attendance" or "pending determination" as excuses for suspending social insurance payments, but these arguments cannot override their statutory obligations. According to the Social Insurance Law and the Work-Related Injury Insurance Regulations, employers are obligated to register and pay social insurance premiums from the date of employment. The occurrence of a work-related injury does not terminate this obligation, and the "stop-work and retain-wages" period explicitly requires employers to ensure workers' benefits. In practice, some workers who do not understand the rules not only lose medical insurance reimbursements after suspension of payments but also delay the application for benefits. Hengluo Lawyers usually recommend the following: First, fix evidence of the labor relationship and the work-related injury determination letter as soon as possible; file a written complaint with the social insurance collection agency to order the employer to make up for the payments; claim compensation from the employer through arbitration for losses such as medical expenses caused by the suspension of payments; and, if necessary, assert rights based on the employer's illegal suspension of social insurance payments. For cases involving cross-regional employment, follow-up measures can be taken accordingly.Special services and other case services.

IV. Practical suggestions and legal basis

The legal basis is the "Social Insurance Law of the People's Republic of China" (implemented on July 1, 2011), which stipulates the employer's obligation to register and pay social insurance premiums, and the provisions of the social insurance fee collection agency ordering the employer to make up for the arrears and impose a late payment penalty; the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010 and implemented on January 1, 2011), which stipulates that the original salary and welfare benefits of the employee during the period of suspension of work and payment of wages shall remain unchanged, and the employer shall pay monthly and maintain the labor relationship; and the "Regulations on Labor and Social Security Supervision" regarding the legal liability of the employer for failing to pay social insurance premiums. Practical suggestions: After the work-related injury, keep the labor contract, payroll records, and the work-related injury certification; immediately file a complaint with the social insurance collection agency if you find that the employer has stopped paying social insurance premiums; keep the receipts of the loss of benefits caused by the suspension of payment and file a claim for arbitration; and be vigilant against the employer's coercion to resign. If personal and collective interests are involved, you can combine them together.Personal injury and medical dispute services.

5. Hengluo Law Firm's Reminder

During the period of work-related injury, if the employer stops paying social insurance contributions, this is against the law and should not be accepted without protest. There are three key steps: preserve all evidence of the labor relationship and the work-related injury determination; immediately file a complaint with the social insurance administrative department to request retroactive payment and accountability; if medical insurance reimbursements or work-related injury benefits are affected due to the suspension of social insurance payments, claim compensation from the employer with receipts. At the same time, it should be noted that during the period of suspension of work and payment of wages, the employer should continue to pay the employee's wages in parallel with social insurance payments, and neither of them can be deprived. If the employer threatens to force a private settlement or resignation by suspending social insurance payments, it is necessary to be cautious and seek legal assistance if necessary.Labor arbitration and work-related injury compensation servicesProtect your rights according to the law and prevent your rights and interests from being damaged twice.

VI. Frequently Asked Questions

Q1: Is it illegal for the company to stop paying social insurance during the period of work-related injury, and can I request to make up for the payments?

This is illegal, and you can request the employer to make up for the payments. As long as the employment relationship between the injured worker and the employer exists in accordance with the law, the employer has the legal obligation to continue to pay social insurance premiums. This obligation is not exempted even if an injury occurs or during the period of suspension of work with pay. If the employer stops paying on the grounds of absence from work or pending identification, this lacks legal basis. You have the right to file a complaint with the social insurance collection agency, requesting it to order the employer to make up for the payments within a specified period and may impose a late payment penalty. If the suspension of payments results in your inability to enjoy medical insurance reimbursement or work-related injury benefits, you can also request the employer to compensate for the corresponding losses. Whether the complaint will be successful depends on whether the employment relationship and the facts of the work-related injury are clear. If the evidence is sufficient, the administrative authorities and arbitration institutions will usually support the claims for making up for the payments and compensation.

Q2: During the company's work-related injury period, if the social insurance is suspended, what evidence do I need to prepare?

The core evidence includes: labor contracts or proof of employment relationships (pay slips, attendance records, social insurance payment records), work-related injury identification decisions, materials confirming the period of suspension of work and payment of wages, records of interrupted or suspended social insurance payments (queries from social insurance agencies), receipts for losses caused by interrupted payments (such as medical bills that cannot be reimbursed), and chat records or notifications of communication with the employer about the suspension of social insurance payments. The organization of evidence should prove the three-layered relationship of "continued employment relationship + employer's failure to pay social insurance in accordance with the law + consequences of losses". The more complete the materials are, the smoother the process of filing complaints for back payments and seeking compensation will be. It is recommended to immediately check and print the details of social insurance payments after discovering the suspension of payments, and, if necessary, seek assistance from a lawyer to fix the evidence and calculate the losses.

Q3: How much does it cost to make up for the unpaid social insurance and claim for damages?

When filing a complaint with the social security collection agency to make up for the unpaid social security contributions, the administrative process itself does not charge workers any fees; the principal and late payment penalties of the arrears shall be borne by the employer according to law. For claims for damages such as medical expenses caused by the suspension of social security payments, labor arbitration does not charge fees. In civil litigation, the litigation fees shall be paid based on the amount of the claim, and the losing party shall bear the fees. The attorney's fees shall be determined according to the complexity of the case and the amount of the claim, and shall be subject to the terms of the power of attorney. It is recommended to first calculate the losses of social security during the suspension period and the amount of compensation, and then evaluate the cost of protecting rights. For small losses, it is also possible to prioritize resolving the issue through administrative complaints to reduce the cost of protecting rights.

Q4: How long does it usually take to file a complaint against a company for suspending social insurance payments or to initiate arbitration proceedings?

Complain to the social security collection agency, and it shall investigate and order rectification in accordance with the law after receiving the report. The specific time limit shall be in accordance with the provisions of the "Regulations on Labor and Social Security Supervision", etc. Generally, it shall be completed within 60 working days from the date of filing the case (which may be extended in complex cases); after the unit makes up the arrears, the social security will be restored. If a labor arbitration is initiated due to losses caused by the suspension of payments, the arbitration committee shall conclude the case within 45 days from the date of acceptance, and the time limit may be extended by 15 days in complex cases; if the party refuses to accept the arbitration award and files a lawsuit, the first-instance ordinary procedure shall be completed within six months, and the summary procedure shall be completed within three months. Overall, the administrative complaint is relatively quick to resolve, while the arbitration and litigation cycles are longer. It is recommended to complain as soon as possible to fix the fact of the suspension of payments, and then decide whether to initiate arbitration according to the situation of the losses.

Q5: During the period of work-related injury, the company stopped paying social insurance. What should I do specifically?

It is recommended to follow four steps: First, immediately print the social security payment details, confirm the months and amounts of the payment interruption, and fix the evidence of the payment suspension; Second, collect labor contracts, salary records, work injury certificates, and other proofs of labor relations and work-related injuries; Third, file a complaint with the social insurance collection agency or the labor supervision department, demanding that the unit make up the payments and bear the late payment penalties; Fourth, for medical expenses and other losses that cannot be reimbursed due to the payment suspension, keep the receipts and apply for labor arbitration to claim compensation. If the unit coerces you to resign or settles the matter privately, you must be cautious and, if necessary, hire a lawyer to intervene. Throughout the process, pay attention to the statute of limitations and seek legal assistance when necessary.Labor arbitration and work-related injury compensation servicesProtect one's rights and interests in accordance with the law.

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 a dispute arises, please consult a practicing lawyer in a timely manner.