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

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.

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.

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.

“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.

工伤保险条例第六十二条第二款：「依照本条例规定应当参加工伤保险而未参加工伤保险的用人单位职工发生工伤的，由该用人单位按照本条例规定的工伤保险待遇项目和标准支付费用。」同条第一款：责令限期参加、补缴，「自欠缴之日起，按日加收万分之五的滞纳金；逾期仍不缴纳的，处欠缴数额1倍以上3倍以下的罚款」. https://www.gov.cn/gongbao/content/2011/content_1778064.htm