Even if the employer fails to enroll you in workers’ compensation insurance, you still qualify for full benefits paid entirely by the employer at the same rates

13. Even if the employer fails to enroll you in workers’ compensation insurance, you still qualify for full benefits paid entirely by the employer at the same rates

Cost: There’s no direct cost to you. However, if the employer refuses to comply, you’ll need to pursue arbitration or even litigation, which can take several months. The difficulty lies in having to stay actively involved throughout this lengthy process.

In plain terms: Even if your employer does not enroll you in workers’ compensation insurance, you are still entitled to all related benefits. Those benefits must then be paid in full by the employer, using the same coverage items and payment standards as if insurance had been purchased. Failure to enroll is penalized: the employer must retroactively pay premiums plus a daily late fee of 0.05%, and may face fines equal to 1–3 times the unpaid amount. The claim “the company can’t compensate you because it didn’t buy insurance” is simply untrue.

Benefit: Statutory rules clearly state that when an employer neglects to enroll an employee in workers’ compensation insurance, any resulting workplace injuries must be compensated by that employer itself, using identical coverage items and payment amounts mandated by law. In other words, the employer bears the entire financial burden without exception.

Evidence grade: A

Sources: Regulation on Work-Related Injury Insurance Article 62, Paragraph 2: "If an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but has not participated in work-related injury insurance suffers a work-related injury, the employer shall pay the fees in accordance with the work-related injury insurance benefits items and standards stipulated in these Regulations." Paragraph 1 of the same article: Ordered to participate within a time limit and make supplementary payments. "From the date of overdue payment, a late payment fee of 0.05% shall be charged on a daily basis; If payment is still not made within the time limit, a fine of not less than 1 time but not more than 3 times the amount of unpaid amount will be imposed. <https://www.gov.cn/gongbao/content/2011/content_1778064.htm>

Notes: “The company can’t pay compensation because it didn’t purchase workers’ compensation insurance” is one of the most common false statements encountered in such cases. While non‑enrollment brings penalties for the employer, it does not reduce your right to receive full compensation.