[Direct answer]In the Beijing area, if an employer fails to pay work injury insurance premiums in accordance with the law and subsequently refuses to pay work injury insurance benefits, the injured worker or their close relatives may apply for advance payment from the work injury insurance fund in accordance with Article 41 of the Social Insurance Law of the People's Republic of China; if the work injury is caused by a third party and the third party refuses to pay or cannot be identified, they may also apply in accordance with Article 42. The prerequisites are that the work injury has been identified, the amount of benefits is clear, and the employer refuses to pay or there are no enforceable assets after enforcement. The procedure is set out in Article 6 of the Interim Measures for Advance Payment from Social Insurance Funds (Decree No. 15 of the Ministry of Human Resources and Social Security, implemented on July 1, 2011); if the handling agency refuses to pay, the injured worker or their close relatives may file an administrative lawsuit within six months.

1. Problem background and typical scenarios

Advance payment mainly solves two kinds of dilemmas: first, the unit participates in the insurance but fails to make payments for a long time, resulting in the fund refusing to pay; second, the unit fails to participate in the insurance from the beginning, and after the work-related injury is identified, the unit is unable or refuses to pay. A typical situation is that after the worker obtains the arbitration award or judgment, he/she applies for enforcement, but the enforcement is terminated because the unit is dissolved, suspended business, or has no property. As a result, the benefits are lost. When handling similar cases in Beijing, the handling agencies generally require that the materials cover four aspects: the establishment of the work-related injury, the clear benefits, the unit's refusal to pay, and the inability to enforce. These four aspects can be combined first.Labor arbitration and legal services for work-related injury compensationMake a list and organize it.

II. Key points of contention

The controversy focuses on three aspects: First, the scope of identification of non-compliance with the law. Those who have not paid their contributions in full, interrupted their payments, or not participated in the insurance program from the beginning all fall into the category of advance payment; Second, whether it is based on the premise of exhausting all remedies. In practice, it is usually required to provide an arbitration award, a final judgment, and a ruling on terminating the enforcement procedure; Third, the scope of benefits and subsequent recovery. The fund will first make advance payments and then recover the payments from the unit according to law, and the employees will not bear the obligation to repay. If you disagree with the decision not to make payments, it belongs to an administrative dispute, and you can refer to it for reference.Land expropriation and demolition services, and administrative litigation servicesDetermine the relief path.

III. Professional analysis by Henglue Lawyers

Based on practical observations in handling cases involving work-related injury insurance benefits, most applications are rejected due to incomplete supporting documents or improperly formulated requests. Henglu Law Firm typically proceeds in four steps: verifying the work-related injury identification decision and the conclusion of labor capacity assessment; confirming in detail the eligible items such as medical expenses, one-time disability compensation, disability allowance, and living care expenses; establishing the fact that the employer has failed to make payments, including arbitration awards, effective judgments, and termination of enforcement orders; submitting a written application to the social security agency in the insured's place of residence or the employer's location and retaining the receipt; and, if the agency refuses to make payments in writing, applying for administrative reconsideration or initiating administrative litigation to request the fulfillment of the obligation to make payments. Where the work-related injury is caused by a third-party infringement, the medical expenses should not be compensated twice, and the claimant may seek compensation in combination with other legal remedies.Personal injury and medical dispute services\nDeduction and connection.

IV. Practical suggestions and legal basis

Legal basis: Articles 41 and 42 of the Social Insurance Law of the People's Republic of China (adopted on October 28, 2010, and amended on December 29, 2018); Article 6 of the Interim Measures for Advance Payment of Social Insurance Funds (Decree No. 15 of the Ministry of Human Resources and Social Security, implemented on July 1, 2011); Articles 17 and 30 to 37 of the Work-Related Injury Insurance Regulations (promulgated on April 27, 2003, amended on December 20, 2010, and implemented on January 1, 2011); and the time limit for initiating administrative litigation is six months according to Article 46 of the Administrative Litigation Law of the People's Republic of China (amended on June 27, 2017). It is recommended to first complete the work-related injury identification and labor capacity assessment, then confirm the payment obligation through arbitration or litigation and obtain the termination of enforcement rulings. After preparing all the necessary materials, submit a written application. If the application is rejected, exercise the rights of administrative reconsideration and litigation in a timely manner.

5. Henglu Law Firm's Reminder

Advance payment is a procedural right that requires active application, with the core materials including the work-related injury identification, the basis for calculating benefits, and proof that the employer has failed to pay. Three reminders: The applicants include the injured workers themselves and their close relatives; the oral reply from the handling agency cannot be used as the starting point for the time limit, and it is necessary to obtain a written decision; the benefit items should be calculated according to the work-related injury benefit standards, avoiding omitting long-term items such as disability allowances and living care fees. The application is not affected if the employer is deregistered, suspended operations, or the legal representative is uncontactable. For cases involving the tracing of property clues, relevant measures can be taken in conjunction with the application.Creditor-debtor relations and enforcement case servicesThe overall plan can be referred to for reference.Special services and other case services.

VI. Frequently Asked Questions

Q1: Can I get support if I apply for advance payment from the work-related injury insurance fund?

It depends on whether it meets the statutory conditions. According to Article 41 of the Social Insurance Law, if an employer fails to pay work injury insurance premiums in accordance with the law and refuses to pay work injury insurance benefits after a work injury occurs, the fund shall pay in advance. In judicial practice, not being insured also falls under this situation. You need to prove that the work injury has been identified, the amount of compensation is clear, and the employer refuses to pay. Applications are usually supported if the materials are complete; if the employer is normally insured and has already paid the benefits, they do not meet the application conditions; if the application is rejected, you can file an administrative lawsuit to request them to fulfill their obligation to pay.

Q2: What materials are required to apply for advance payment?

These usually include: the decision on the determination of work-related injury, the conclusion of labor capacity assessment; medical expense receipts, medical records and expense lists; the arbitration award or court judgment; the materials for accepting enforcement and the decision to terminate the enforcement procedure; proof of the unit's deregistration, suspension of business, or lack of enforceable assets; the worker's identity certificate and bank account information; and a written application for advance payment. The above-mentioned materials are used to form a complete evidence chain proving the existence of work-related injury, the determination of benefits, the employer's failure to pay, and the inability to enforce the judgment. It is recommended to prepare all the required materials at one time according to the list announced by the handling agency and keep the receipt of the materials submitted.

Q3: Does it cost money to apply for advance payment, and are lawyer's fees expensive?

The application for advance payment itself is free of charge and belongs to the administrative payment process, with the main costs being material preparation and time investment. If the payment is denied, an administrative lawsuit must be initiated, and the litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Costs". Generally, the fee for an administrative case is 50 yuan per case, which shall be borne by the losing party. The attorney's fees are determined based on the complexity of the case, whether litigation is necessary, and the workload, either on a per-case or hourly basis, subject to the terms of the engagement contract, with no unified standard. It is recommended to apply for it on your own first, and after receiving the decision of denying payment, evaluate whether to entrust a lawyer to intervene in the review or litigation process.

Q4: How long does it take from applying for the advance payment to actually receiving it?

The process can be divided into two stages: the review stage by the handling agency, where the law requires them to handle the case promptly after receiving the complete materials, which usually takes several weeks to months in practice; if the payment is denied and administrative review or litigation is necessary, the first-instance ordinary procedure generally takes six months, and the summary procedure takes three months. Adding the possible second-instance procedure, the overall process may be extended to about one year. The fund pays first and then recovers the payment from the unit according to the law, which does not affect the benefits already obtained by the workers. It is recommended to submit the arbitration award, the judgment and the decision on terminating the enforcement simultaneously to shorten the review period.

Q5: My employer hasn't purchased work injury insurance. How exactly should I apply for advance payment?

The process can be divided into five steps: 1. Complete the work-related injury identification and labor capacity assessment to determine the disability level and compensation benefits. 2. Negotiate with the employer or initiate labor arbitration and litigation to establish the employer's payment obligations. 3. Apply for court enforcement to obtain a ruling terminating the enforcement process or a certificate confirming that there are no assets available for enforcement. 4. Submit a written application and all supporting materials to the social security agency in the insured's place of residence or the employer's location, and retain the receipt of the application. 5. If the employer refuses to pay, apply for administrative review or initiate administrative litigation within the statutory time limit.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 that have been publicly released. They are unrelated 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 Number]The case number has not been made public.
[Trial Court]The Third Intermediate People's Court of Chongqing City (Second Instance, Dispute over the Payment of Work-Related Injury Insurance Benefits)
[Judicial Summary]Chen * * * worked as a stone-sorting worker at a quarry in Nanchuan District, Chongqing City. The quarry did not arrange work injury insurance for him. During his work, he was injured by a falling rock and was identified as having suffered a work-related injury with a disability rating of Level 4. After the arbitration tribunal ruled that the quarry should pay a total of 279,652 yuan in various expenses, the quarry failed to comply with the ruling. After the enforcement of 20,000 yuan, the quarry was liquidated and closed, leaving no assets available for enforcement. The court ruled to terminate the enforcement. Chen * * * subsequently applied to the social security center for advance payment of work injury insurance benefits, but his application was rejected, prompting him to file an administrative lawsuit. The court held that his circumstances met the provisions of Article 41 Paragraph 1 of the Social Insurance Law and Article 6 Paragraph 2 of the Interim Measures for Advance Payment of Social Insurance Funds. It ruled that the social security center should determine and advance pay the work injury insurance benefits to which he is entitled from the work injury insurance fund. The phrase "the employer fails to pay work injury insurance premiums in accordance with the law" includes both the situation where the employer fails to pay the full premium and the situation where the employer fails to participate in work injury insurance.
[Source]China Court Online (Second Instance Verdict of the Chongqing City Third Intermediate People's Court on the Dispute over the Payment of Work-Related Injury Insurance Benefits) (2022-07)

[Case Number]The case number has not been made public.
[Trial Court]People's Procuratorate of Zhangdian District, Zibo City, Shandong Province (Procuratorial Supervision, Case of Advance Payment of Work-Related Injury Insurance Benefits)
[Judicial Summary]During his work at a chemical equipment factory, Xu * was hit on his left arm, resulting in the complete severance and amputation of his left upper limb. His labor disability level was rated as Grade 3. Due to the company's failure to pay for his work-related injury insurance, after arbitration and litigation, the company began paying him a disability allowance on a monthly basis. In 2016, the company went out of business, and the allowance payments ceased from 2017 onwards. From 2017 to 2020, Xu * applied for enforcement four times, but each attempt ended due to the lack of enforceable assets. After his application for advance payment of work-related injury insurance benefits was rejected by the social security department, he filed multiple lawsuits. The procuratorial organ reviewed the case and concluded that the court should order the social security department to fulfill its payment obligations. Therefore, through a combination of "public hearings + judicial assistance + review of procuratorial suggestions," the dispute was resolved. Ultimately, the social security department advanced Xu * over 190,000 yuan in disability allowances for work-related injury victims and urged the company to retroactively enroll him in work-related injury insurance.
[Source]The official website of the Supreme People's Procuratorate and the Procuratorial Daily (prepaid, ensuring protection for workers injured at work) (2025-04)

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.