Case Sharing Medical expenses exceeding those paid by the work-related injury fund should be borne by the employer

Deng was a former employee of a liquor company. He accidentally fell and injured his left femoral neck at work and needed to replace his left hip joint. When replacing joints, in order to reduce the number of future replacements and reduce the pain of the operation, Deng asked to use imported joints with better quality and longer service life. The hospital replaced the imported joints for Deng as required, and the wine company paid more than 10,000 yuan in medical expenses in advance. . Later, the work-related injury insurance department reviewed and determined that one yuan of medical expenses was excessive for Deng’s use of imported joints and was not within the scope of payment by the work-related injury insurance fund. The wine company also refused to compensate for this reason. Deng went to court for this.
After the trial, the court held that the purpose of legislating work-related injury insurance regulations is to ensure that workers injured at work receive medical treatment and economic compensation, promote work-related injury prevention and vocational rehabilitation, and spread the employer's risks, but does not exempt the employer from liability. In order to reduce the pain of multiple surgeries, Deng used imported joints with better quality and longer service life, which is reasonable. In addition, from the perspective of the relationship between the two parties, the employer makes profits from operating the enterprise, and the workers receive labor remuneration for their own labor. The main body of profit is the employer. According to the principle of consistency of rights and obligations, the employer is the bearer of risks. The losses suffered by employees due to work-related injuries shall be borne by the employer. Accordingly, the court ruled that the liquor company should bear the medical expenses not covered by the work-related injury insurance fund.
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