Is the meal allowance for work related injuries a final award?

The food allowance for work-related injuries is within the scope of the final award.

According to Article 30 of the Regulations on Work-related Injury Insurance, the hospital meal subsidy is a medical treatment for work-related injuries. According to Article 47 of the Law on Arbitration and Mediation of Labor Disputes, medical expenses for work-related injuries are subject to the scope of final awards.

Regulations on Work-related Injury Insurance

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

Labor Dispute Arbitration and Mediation Law

Article 47 Except as otherwise provided in this Law, the arbitral award shall be final and effective from the date of its issuance

1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which does not exceed the amount of the local monthly minimum wage standard for 12 months;

2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.

If you are not satisfied with the ruling, you can file a lawsuit in the local court.

Legal Analysis: Hospitalization meal subsidies are divided into two categories:

First, if you seek medical treatment and hospitalization in the overall planning area, your unit will pay you a hospital meal subsidy according to 70% of the food subsidy standard for business trips in your unit;

Second, those who have been approved to seek medical treatment outside the overall planning area shall be reimbursed by the unit in accordance with the standard of business trips for employees of the unit.

Legal basis: Paragraph 4 of Article 29 of the Regulations on Work-related Injury Insurance If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the food subsidy standard of the unit for business trips; After the certificate issued by the medical institution and the approval of the disorderly management agency, if the working employee seeks medical treatment outside the overall planning area, the required transportation, accommodation and accommodation expenses shall be reimbursed according to the standard of the employee of the unit for business trips.

Legal analysis: The food subsidy for the hospitalization of the employee for the work-related injury, as well as the certificate issued by the medical institution and the consent of the handling agency, the transportation, accommodation and accommodation expenses required by the injured employee to seek medical treatment outside the overall area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the overall area.

Legal basis: Regulations on Work-related Injury Insurance Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. Destroy the sails.

The subsidy for inpatient meals shall be paid from the work-related injury insurance**, and the employer may pay in advance. If the employer fails to pay the work-related injury insurance premiums in accordance with the law, the employer shall pay the hospital meal subsidy; If the employer fails to pay, it shall be paid in advance from the work-related injury insurance** and then repaid by the employer.

[Legal basis].Paragraph 4 of Article 30 of the Regulations on Injury Insurance for Workers.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the certificate issued by the medical institution and the consent of the handling agency, the transportation, food and lodging expenses required for the injured employee to seek medical treatment outside the overall planning area shall be paid from the work-related injury insurance, and the specific standard of payment shall be determined by the people of the overall planning area.