[Direct answer]It shall be compensated by the employing unit. Article 62 Paragraph 2 of the "Regulations on Work-related Injury Insurance" (amended on December 20, 2010 and implemented on January 1, 2011) stipulates that if an employing unit fails to participate in work-related injury insurance in accordance with the provisions of these regulations, the unit shall pay the expenses in accordance with the items and standards of work-related injury insurance benefits stipulated in the regulations; Article 41 of the "Social Insurance Law of the People's Republic of China" (amended on December 29, 2018) further stipulates that if the employing unit fails to pay, the social insurance agency may first pay from the work-related injury insurance fund and then recover the expenses from the unit. Therefore, not participating in the insurance does not reduce the benefits that workers should receive, but only changes the payer.

1. Problem background and typical scenarios

Uninsured work-related injuries are the most common type of work-related injury disputes. Common situations include: the unit never opened an insurance account to save costs; employees start working immediately after being hired, and an accident occurs before the social insurance has been processed; the unit has been making late payments or arrears for a long time, resulting in no payment records in the month of the accident; and the unit only hastily completes the insurance formalities after the accident. Such cases are often accompanied by issues such as the absence of a written labor contract, cash payments, and irregular attendance records. The identification of labor relations and the pursuit of compensation are intertwined, making the handling of such cases significantly more difficult than those involving insured workers.

II. Key points of contention

First, who will bear the costs. For those who are not insured, the items that should be paid by the work injury insurance fund will be borne by the employer, including medical expenses, wages during the period of suspension of work and payment of disability benefits, etc. Second, the effectiveness of retroactive payments. After the employer makes up for the work injury insurance premiums and late payment penalties, the fund and the employer will generally pay the newly incurred expenses according to regulations. However, the previously incurred expenses will still be borne by the employer, and retroactive payments cannot retroactively exempt the employer from liability. Third, the application of advance payments. When the employer fails to pay, the employee can apply to the fund for advance payments, but this must meet statutory conditions and submit the corresponding materials. Fourth, the calculation of benefits. The one-time disability benefits are based on the employee's salary, which is subject to a cap and a minimum rule. When the insured salary and the actual salary are inconsistent, the calculation shall be based on the rule that is more favorable to the employee. Fifth, whether it is necessary to first confirm the labor relationship. For those who have not signed a contract, the labor relationship must first be confirmed by arbitration before proceeding with work injury identification and claims for benefits.

III. Professional analysis by Henglue Law Firm

From the practical experience of handling work-related injury cases in our firm, the difficulties in uninsured cases rarely lie in the application of legal provisions, but rather focus on three aspects. First, reconstructing the timeline: the time of the accident, the employee's arrival time at work, the work schedule, the work assignment orders, the messages in the work group, and the access control and attendance records need to be pieced together into an evidence chain acceptable to the adjudicator. Many employees only have a medical record in their hands, which puts them at a disadvantage from the outset. Second, identifying the employment relationship: employers often deny the employment relationship by citing names such as contractors, labor services, or contractors leading work teams. In such cases, who issues the wages, who pays the social insurance, and who controls the work process become key judgment points. Third, the employer's ability to fulfill obligations: some employers quickly liquidate the company, change their legal representatives, or transfer equipment and assets after an accident. Even if the employee obtains a ruling, they may still face difficulties in enforcement. It is necessary to consider property preservation and expanding the liability subject in advance. When courts in Beijing handle such cases, they usually adopt a stricter attitude towards employers who fail to comply with the law, but the prerequisite are still that the employee side clearly explains the employment facts and the facts related to the accident, and provides sufficient evidence. For the specific items and evidence lists of work-related injury benefits, please refer to the relevant materials.Labor arbitration and work-related injury compensationAccording to the practical guidelines, it involves the recovery of property after the unit is unable to make payments, and it also needs to be combined with other factors.Creditor's rights and debts, and enforcementThe overall plan.

IV. Practical suggestions and legal basis

According to Articles 2, 17, and 62 of the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010 and implemented on January 1, 2011), employers shall pay work-related injury insurance premiums for all employees. Benefits for work-related injuries occurring during the uninsured period shall be paid by the employer. Employees have one year to apply for work-related injury recognition, and employers have 30 days to submit the application. According to Articles 38 and 41 of the "Social Insurance Law of the People's Republic of China" (amended on December 29, 2018), employers shall pay work-related injury benefits for work-related accidents occurring in uninsured units. If the employer fails to pay, the fund may advance the payment first. Recommendations: First, seek medical treatment immediately after the accident and keep all medical records and receipts. Do not interrupt treatment due to cost concerns. Second, simultaneously fix employment evidence, including payroll records, attendance records, and dispatch and communication records. Third, request the employer to apply for work-related injury recognition in writing. If the employer refuses, the employee or close relatives may apply for recognition within one year. Fourth, apply for labor capacity assessment to calculate the total benefits, then decide on negotiation or arbitration. Fifth, if the employer shows signs of liquidating or transferring assets, apply for property preservation as soon as possible and evaluate the feasibility of adding relevant responsible parties. 依据《工伤保险条例》第二条、第十七条、第六十二条（2010年12月20日修订，2011年1月1日施行），用人单位应当为全部职工缴纳工伤保险费，未参保期间发生工伤的待遇由单位支付；职工申请工伤认定的时限为一年，用人单位申报时限为三十日。依据《中华人民共和国社会保险法》（2018年12月29日修正）第三十八条、第四十一条，未参保单位发生工伤事故的，由用人单位支付工伤保险待遇，单位不支付的可以先从基金先行支付。建议：第一，事故后立即就医并保存全部病历与票据，切勿因费用问题中断治疗；第二，同步固定用工证据，包括工资发放记录、考勤记录、派工与沟通记录；第三，书面要求单位申报工伤，单位拒绝的由本人或近亲属在一年内自行申请；第四，申请劳动能力鉴定后据以核算待遇总额，再决定协商或仲裁；第五，发现单位存在注销、转移财产迹象的，尽早申请财产保全，并可评估追加相关责任主体的可行性。

5. Henglue Law Firm's Advice

There are two pitfalls that are easy to fall into. First, believing the employer's verbal promise that "we'll take care of your injury first and settle it later", only to find out later that the evidence has been lost, the witnesses have left the company, and the statute of limitations is approaching. Second, accepting the employer's "private settlement" with a small amount of compensation and signing an agreement to waive all claims, while the work-related injury benefits such as one-time disability compensation and follow-up treatment costs are often much higher than the cash received at the time, and the disability rating may change due to a review. Not being insured does not mean there is no protection. The statutory benefits are not reduced at all, but you need to claim them from the employer. If the employer is genuinely unable to pay, you should promptly evaluate alternative payment channels and options for expanding the liability subject.Beijing Henglue Law FirmTip: The pace of protecting rights in the event of work-related injuries should be determined by the evidence points, rather than by the other party's payment commitment; for long-term cases involving occupational diseases and second surgeries, it is recommended to include the follow-up expenses in the scope of claims to avoid wasting time on multiple lawsuits. For similar personal injury and disability assessment issues, you can refer to the relevant provisions.Personal injury and medical disputesMy experience in handling this matter.

VI. Frequently Asked Questions

Q1: If the unit hasn't participated in the social insurance program, can I still receive full compensation for work-related injuries?

Yes. The treatment items and standards are consistent with those for insured employees, but the payment subject changes from the fund to the employing unit. Not being insured does not constitute a reason for reducing treatment benefits. If the unit refuses to pay, the employee can claim through arbitration or litigation, and those who meet the conditions can also apply for advance payment from the fund.

Q2: What evidence do I need to prepare?

The Work-Related Injury Identification Decision, the Labor Capacity Assessment Conclusion, medical records and medical expense receipts, wage payment records, attendance or work assignment records, witness statements from colleagues, and the unit's business information. For those who have not paid social insurance, the social insurance payment details should be printed to prove that there were no payment records during the accident, thereby confirming the conclusion that the unit should bear the responsibility.

Q3: What is the approximate cost, and how much money can I earn?

The identification of work-related injuries, appraisals, and arbitrations are all free of charge; attorneys' fees are negotiated based on the stage or the subject matter. The amount of compensation depends on the disability level and the individual's salary. Levels from Level 1 to Level 10 correspond to different monthly lump-sum disability compensation, plus items such as medical expenses and wages during the period of suspension of work and retention of salary, which need to be calculated item by item.

Q4: How long does it take from getting injured to receiving the compensation?

The determination of work-related injuries is generally made within 60 days, and the appraisal usually reaches a conclusion within 60 days. The arbitration process typically takes 45 days. If the employer refuses to comply with the decision, it is necessary to apply for compulsory enforcement. The overall process usually lasts more than half a year, and the duration will be extended if litigation is involved. It is recommended to initiate the process as soon as possible.

Q5: What should I do first?

First, send a written notice to the unit to report the work-related injury within 30 days, and collect evidence of employment and the accident on your own; if the unit fails to report the injury, you or your close relatives can directly apply for work-related injury identification to the human resources and social security department within one year, and simultaneously check the unit's insurance status and industrial and commercial registration status.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

VII. Relevant public cases (for reference only, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Longhua District, Shenzhen City, Guangdong Province
[Judicial Summary]The employer has the statutory obligation to pay for workers' work-related injury insurance premiums. If the employer fails to fulfill this obligation and the worker is unable to obtain work-related injury insurance benefits, the relevant expenses shall be borne by the employer. If the worker suffers a work-related injury the day after joining the company, and the employer only supplements the insurance registration two months later, and the social security fund issues a notice of refusal to pay, the one-time disability allowance, medical expenses, and wages during the period of suspension of work and retention of salary that should be paid by the fund shall be paid by the employer (about 90,000 yuan in this case).
[Source]China Court Network (Who will compensate if one joins the social insurance program only after suffering a work-related injury?) (2026-08)

[Case Number]The case number has not been made public.
[Trial Court]The People's Court of Xichou County, Yunnan Province (Second Instance: Intermediate People's Court)
[Judicial Summary]The employer failed to pay workers' compensation insurance for employees in accordance with the law. The employee was injured while working at the construction site and was identified as a work-related injury and appraised as a level 2 disability. According to Article 62 Paragraph 2 of the "Regulations on Work-related Injury Insurance", the employer shall pay the expenses according to the items and standards of work-related injury insurance stipulated in the regulations. The court ruled that the company should pay a total of more than 1.79 million yuan for medical expenses, wages during the period of suspension of work and leave with pay, one-time disability compensation, disability assistive devices, and economic compensation for the termination of the labor contract, etc.
[Source]Yunnan Court Network (Xichou County People's Court: Employee suffered a level 2 disability due to work-related injury, and the company failed to pay full compensation for work-related injury insurance) (2026-01)

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, 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.