How to compensate for injuries sustained during work

If the employee is injured at the workplace due to work-related reasons during working hours, the employer may be required to report the work-related injury and compensate the employee in accordance with the provisions of the Regulations on Work-related Injury Insurance.

After the work-related injury is declared, it is necessary to have the disability level appraised, and then the compensation can be made according to the level of the appraisal (for grade 10 disability, you can get disability allowance for seven months' salary, and for grade 9 disability, you can get disability allowance for nine months' salary).

If the injury does not reach the level of the injury, it can only be treated with medical treatment, nursing care and wages.

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**.

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

All of this you said needs to be interviewed by a lawyer, and you can't just say this information.

Is it a work-related injury if you are injured on the way to work?

You are consulting about the calculation of work-related injury compensation, and I hereby reply as follows based on the information you provided to carry the pants: 1. Your injury at work is a work-related injury. (Article 14 of the Regulations on Work-related Injury Insurance) You are entitled to work-related injury insurance benefits in accordance with the law or the employer pays according to the standard (you have not participated in work-related injury insurance as required).

Articles 30 and 62 of the Regulations on Work-related Injury Insurance 3. The amount of compensation shall be calculated in accordance with the Regulations on Work-related Injury Insurance in combination with the corresponding local standards, and the specific items are as follows: (1) Medical expenses (Article 30, Paragraph 3 of the Regulations on Work-related Injury Insurance) (2) Hospitalization meal subsidy, transportation expenses, and accommodation expenses (Article 30, Paragraph 4 of the Regulations on Work-related Injury Insurance) (3) **** fee (Article 30, Paragraph 6 of the Regulations on Work-related Injury Insurance) (4) Assistive device expenses (Article 32, Paragraph 3 of the Regulations on Work-related Injury Insurance) (5) Suspension of work with pay (Article 33 of the Regulations on Work-related Injury Insurance) (6) Nursing expenses (Article 33, Paragraph 3 and Article 34 of the Regulations on Work-related Injury Insurance) (7) Disability allowance (Articles 35, 36 and 37 of the Regulations on Work-related Injury Insurance) You can calculate the compensation standard according to the above tips, and if you want to be more detailed, you should also combine the relevant local standards. It is recommended that you or find a lawyer to help you calculate and negotiate with the employer, hoping to achieve the standard you want.

Excerpt from the Regulations on Work-related Injury Insurance: Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: 1) Being injured in an accident during working hours and in the workplace due to work-related reasons; Article 30 Employees who are injured in accidents or suffer from occupational diseases due to their work shall enjoy medical treatment for work-related injuries

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. Article 37 Employees who are assessed as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard shall be:

13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability; Article 62? 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 does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.

The amount of compensation for work-related injuries can only be finalized after the appraisal level. Fierce book

Depending on the level of disability, the compensation for the branch posture is not the same. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

If an employee suffers a work-related injury at work, the work-related injury insurance can generally compensate the employee for medical expenses, expenses, living care expenses, one-time disability subsidies and other expenses; The employer is required to compensate the employee for the wages and other expenses incurred during the period of suspension of work and pay in accordance with the law. Legal basis: Article 33 of the "Regulations on Work-related Injury Insurance" If an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis.

Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations: (1) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) Those who are unable to take care of themselves shall be confirmed by the Labor Ability Appraisal Committee.

2. Can I still go to work after workers' compensation?

Employees who are injured or disabled at work are allowed to work according to the level of disability.

1. If the work-related injury is grade 1 to 4, or the work-related injury is grade 5 to 6, and it is difficult for the unit to arrange work, leave the job, receive disability allowance on a monthly basis, and retire at retirement age;

2. If you have a work-related injury of grade 7 to 10, you will receive a one-time disability allowance and continue to work after recovery.

After terminating the labor relationship and receiving work-related injury insurance compensation, the injured employee may return to work at his or her original unit.

However, the employer has the right to employ the employee, and the return to work at the original unit must be agreed upon by both parties, and as long as both parties agree, they can return to the original work unit.

Presumably, people who work on the construction site know that there are certain risks in the construction industry, and these risks are uncontrollable, because of the particularity of the industry, so that workers can not guarantee whether they can spend their time safely when working.

At this time, many workers began to wonder, since they are prone to injury, how to get compensation? What is the amount of compensation that should be paid after being recognized as a work-related injury?

However, it is also necessary to remind all workers who read the article that workers' compensation is not suitable for most construction workers, because it requires workers to sign an employment contract with the employer, and the procedure is more complicated.

And you need to apply according to the level of your injury, there is a process error that needs to be rectified, continue to report, and for those who have not signed the contract, it is not easy to get compensation.

Since work-related injuries can only be reported by the employer to the labor department, this is also time-barred, and if the declaration time is missed, the employer should take measures to see if it can make up the report or give the worker corresponding economic compensation.

Next, the focus will be on injury compensation, as most workers have an employment relationship with the construction site, in which case all expenses and losses incurred during the ** period are borne by the unit.

First: medical expenses.

This medical fee is the most important, before a worker was injured on the construction site, that is, the foreman went to the hospital to pay the medical expenses, but there must be a bill issued by the doctor to pay.

Second: nutrition fees.

This is mainly the food expenses during the hospitalization, which need to be paid by the construction party, as well as the necessary nutritious meal subsidies.

Third: wages.

Because after the worker is injured, his work is delayed and he cannot make money, so he needs to multiply the money he earns every day by the number of days and give it to the injured worker when he is discharged from the hospital.

Of course, the main ones are the above three, and there are some miscellaneous expenses, such as nursing fees, transportation expenses, etc., because they are less involved, they will not be told one by one.

However, it is also hoped that workers can buy a work insurance in their daily work, only one yuan a day, you can enjoy a maximum of 50 yuan of insurance, and it is also recommended that the site boss buy one for his workers, when the worker is injured, his financial burden will not increase.

Therefore, for your own safety, first of all, you should buy migrant insurance, and secondly, daily protection work is essential, what do you think? There are questions to discuss!

If an application is made for a work-related injury determination (a work-related injury appraisal is also required if it constitutes a disability), and the work-related injury is determined to be a work-related injury, the work-related injury insurance benefits shall be claimed in accordance with the provisions of the Regulations on Work-related Injury Insurance and the Social Insurance Law.

The flow chart for handling work-related injuries is as follows:

The company bears the wrong wages and medical expenses, and the insurance company bears the one-time injury compensation, which is mainly related to the grade of the appraisal.