Asked by: Manufacturing HR
Hello Lawyer. An employee in our Jiangsu factory took medical treatment in a qualified hospital and the diagnosis showed that he was in potential silicosis which needed further examination. Then he took examination of occupational disease but as the result did not suggest occupational disease. The employee now requests the company to pay his hospitalization expenses. We would like to know whether this circumstance falls in Article 55 of Occupational Disease Prevention Law. Should the company pay it as requested? Thank you.
Answered by: RDLo Shanghai, Attorney Yaxiong Zhao
Hi. Judging from the given situation,
a. If the hospital gives a written notice to the employee or the company that this employee is suspected in occupational disease who needs to take treatment, the expenses should be recognized as the medical inspection period expense and be paid by the company. In practice, most hospitals would give a written notice to employee or company and require the employee to take treatment according to Occupational Disease Prevention Law and Management of Occupation Health Examination.
b. If the employee voluntarily takes treatment without acquiring a notice from the hospital, such as the situation in your case, the payment shall be borne by social security fund instead of the company.