Should the employer pay nutrition expenses after a work related injury?

There is no nutrition charge in workers' compensation. According to Article 38 of the Social Insurance Law, 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) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

Issue. Answer:

Notice on Adjusting the Standards of Nursing Expenses for Persons Disabled in the Line of Work of State Organs and Public Institutions.

Personnel (Labor and Personnel) Departments (Bureaus) and Finance Departments (Bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the state plan, and all ministries and commissions and agencies directly under them

With the increase in prices and wages, it has been decided to appropriately raise the list of state organs and undertakings after study.

The standard of nursing expenses for persons who are disabled in the course of work. The relevant issues are hereby notified as follows.

1. Employees of state organs, public institutions, and retirees are disabled in the course of their duties and completely lose their ability to work.

Those who are unable to take care of themselves and need assistance in their diet and daily life may be appropriately given a certain amount of nursing expenses.

2. The standard of nursing expenses shall be based on the Ministry of Civil Affairs's "Conditions for Assessing the Disability Level of Revolutionary Disabled Soldiers" (Min.

1989 Youzi No. 18). It is available to all persons with disabilities of the first class and first class.

Nursing expenses, the standard: 50 of the average salary of the local society; The first class is the average salary of the local society.

of 40 or 30. If the disability is particularly serious, the nursing fee may be slightly higher than the standard of this level, and the disability situation.

In the case of a relatively minor case, the nursing fee may be slightly lower than the standard of this level, and all provinces, autonomous regions, and municipalities directly under the Central Government may combine local conditions.

situation, and set specific standards for nursing fees.

3. The recipients of nursing care expenses are to be issued by the unit to which the person who is disabled in the line of duty belongs in accordance with the local competent department.

The disability certificate shall be submitted to the personnel department at or above the county level for examination and approval according to the cadre management authority. The cost of nursing care is charged at the current level.

Channel resolution. Fourth, the adjustment of nursing fee standards is a very policy-oriented work, and the relevant departments such as personnel and finance at all levels.

It is necessary to conscientiously shoulder the responsibility, not only to ensure that the disabled in the line of duty receive due care, but also to strictly grasp the conditions, improve the system of reporting and approval and management, strengthen supervision and review work, grasp the changes in the disability of those who are entitled to nursing expenses, and increase or decrease nursing expenses in a timely manner according to the increase or reduction of nursing needs. If the ability to take care of oneself is restored, the nursing fee shall be suspended.

5. This circular shall come into force on 1 January 1993. The former Ministry of Labor and Personnel and the Ministry of Finance issued a "Circular on Transfer.

Notice on the standard of nursing expenses for retirees on leave (Lao Ren Lao 1986 No. 16) related to work.

The provisions of the nursing allowance standard for retired retirees who are disabled shall be implemented in accordance with this notice. Disability not caused by work.

If it is a work-related injury, it should be given.

If you don't give it, you will pick up the law's **.

There is a nutrition fee for work-related injuries, and other expenses are also included, as follows:

1. ** fee;

2. Hospitalization meal subsidy;

3. Transportation expenses, accommodation and food expenses for medical treatment in other places;

4. **** fee;

5. Assistive device fee;

6. Wages during the period of suspension of work;

7. Living care expenses;

8. One-time disability subsidy;

9. Disability allowance:

10. One-time disability employment subsidy and one-time work-related injury medical subsidy;

11. Funeral subsidy;

12. Pension for dependent relatives;

13. One-time work-related death subsidy.

How to compensate the boss for a work-related injury. The details are as follows:

1. First of all, it is necessary to apply to the local labor department for work-related injury identification, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the unit does not apply, the individual employee must apply within one year from the date of injury;

2. If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages shall be paid according to the original treatment during the suspension period. If nursing care is required during the suspension period, the unit shall be responsible, and the food allowance during the hospitalization shall be paid according to the standard of the place where the injured employee is located;

3. After the injury is stabilized, you can apply for labor ability appraisal to identify the level of work-related injury, and then calculate the amount of disability compensation according to the disability level;

4. If the employer fails to fulfill the above obligations, the injured employee can file a complaint with the local labor inspection brigade or directly apply for arbitration to the labor arbitration commission to protect his or her legitimate rights and interests.

Legal basisArticle 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) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

(6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4;

(7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

(8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members;

(9) Labor ability appraisal fee.

Article 39.

The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with national regulations:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

1. According to Article 29, employees who are injured in accidents or suffer from work shall enjoy medical treatment for work-related injuries. Employees** shall seek medical treatment in the medical institution that has signed the 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 formulated by the labor and social security administrative department in conjunction with the health administrative department, the drug regulatory department and other departments. If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the unit's food subsidy standard for business trips; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes. Injured employees** are not entitled to medical treatment for work-related injuries due to non-work-related injuries and shall be dealt with in accordance with the measures.

If the cost of the injured employee to the medical institution that has signed the service agreement is met, it shall be paid from the work-related injury insurance. Article 30 Due to the needs of daily life or employment, the injured workers may be fitted with prostheses, orthoses, prosthetic eyes, dentures, wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance in accordance with the standards prescribed by the state. Article 31 Where an employee is injured in an accident or suffers from an occupational disease due to 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 unit to which he belongs 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. Article 32 If an injured worker has been assessed for disability and has been confirmed by the Labor Ability Appraisal Committee to be in need of life care, he or she shall be paid a monthly living care allowance from the work-related injury insurance.

The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively the average monthly salary of employees in the overall planning area in the previous year or 30.

2. If the work-related injury constitutes disability, the applicant shall apply for disability identification, which constitutes the level of disability and can enjoy work-related injury insurance benefits.

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Work-related injuries can be paid for nutrition from the employer.

Can I ask the employer for nutrition expenses for work-related injuries?

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Work-related injuries can be paid for nutrition from the employer.

The legal analysis made by Qinqin for you is as follows: the nutrition expenses during the work-related injury shall be borne by the virtual employer. The law on work-related injury compensation stipulates that if the first hospital of the injured employee issues a relevant proof of need for nutrition, the employer shall pay the nutrition subsidy for the injured employee during his hospitalization.

1. Which department to go to for the 10-level compensation for work-related injuries, and the 10-level resignation compensation for work-related injuries can be directly found in the personnel department. The employer can be directly requested to pay work-related injury and disability compensation according to the 10-level disability standard. If the person is assessed as a grade 10 disability by the labor ability, he or she can enjoy the following work-related injury benefits:

1) The medical expenses shall be paid in full by the employer; (2) During the period of suspension of work and salary (during the period of work-related injury**, **), the wages shall be paid according to the original treatment; (3) The unit shall be responsible for the need for nursing care during the period of suspension of work and pay; (4) The food subsidy during the hospitalization shall be paid according to the standard of the place where the injured employee is located; (5) Workers' compensation.

The relevant legal basis compiled by Qinqin for you is as follows: Article 18 of the "Opinions on the Handling of Several Issues Concerning the Trial of Personal Injury Compensation Cases" stipulates that nutrition expenses refer to the expenses incurred by the victim to purchase dietary products other than daily diet in order to assist ** or tremble the body as soon as possible**.

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There is no nutrition fee for workers' compensation. In the treatment of work-related injury insurance, there is no nutrition fee, only hospital meal subsidy, the standard of which is stipulated by the province, municipality, autonomous region or overall planning area, and paid from the work-related injury insurance.

Article 18 of the Opinions on the Handling of Several Issues Concerning the Trial of Personal Injury Compensation Cases stipulates that the late determination of nutrition expenses refers to the expenses incurred by the victim in purchasing nutritional products other than the daily diet in order to assist ** or to make the body as soon as possible**.

There is no nutrition fee for workers' compensation. In the work-related injury insurance benefits, there is no nutrition fee, only the hospital meal subsidy, the standard of which is stipulated by the province, municipality, autonomous region or overall planning area, and paid from the work-related injury insurance**.

Article 18 of the Opinions on the Handling of Several Issues Concerning the Trial of Personal Injury Compensation Cases stipulates that nutrition expenses refer to the expenses incurred by the victim in purchasing nutritional products other than the daily diet of Sun Zhao in order to assist ** or make the body as soon as possible**.

Legal Analysis: There is no nutrition fee in workers' compensation. Workers' Compensation Program:

In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members; A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; Medical expenses and expenses for work-related injuries; Hospitalization meal subsidy; Transportation, accommodation and transportation expenses for medical treatment outside the co-ordination area; Other.

Legal basis: 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;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

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**.