How to compensate for a work related injury resulting in a vegetative state or death

Compensation shall be made in accordance with the standard of work-related death;

1. Work-related death treatment:

1. The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

2. The pension for dependent relatives shall be paid to the relatives who provided the main living allowance and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department;

3. The standard of one-time work-related death subsidy is 20 times the per capita disposable income of urban residents in the previous year.

Disability Compensation Items and Standards from Level 7 to Level 10: See the link for more details. There is no new standard issued this year, and it is still based on the 200-year standard (that is, the current standard) (retain labor relations and arrange work) 1. One-time work-related injury subsidy:

a. Level 7 is 12 months' salary; b. Level 8 is 10 months' salary for employees; c. The ninth grade is 8 months' salary; d. Level 10 is 6 months' salary; 2. (Termination of labor relations) one-time medical subsidy for work-related injuries: a. 1839 yuan for 10 months and 18390 yuan for 18390 yuan for level 7; b. Level 8 is 7 months 1839 yuan and 12873 yuan per month; c. Level 9 is 4 months 1839 yuan and 7356 yuan per month; d, the tenth level is 2 months 1839 yuan 3678 yuan; 3. (Termination of labor relationship) one-time disability employment subsidy: a. Level 7 is 1839 yuan for 10 months and 18390 yuan per month; b. Level 8 is 7 months 1839 yuan and 12873 yuan per month; c. Level 9 is 4 months 1839 yuan and 7356 yuan per month; d, the tenth level is 2 months 1839 yuan 3678 yuan; 4. Living care expenses:

It needs to be confirmed by the Labor Ability Appraisal Committee) according to the degree of self-care a, which cannot be 1839 yuan 50 yuan at all; b. Most of them cannot be 1839 yuan or 40 yuan of the monthly salary of employees; c. Part of the monthly salary of 1839 yuan and 30 yuan for employees; 5. Hospitalization meal subsidy: 70 yuan of the food subsidy standard for business trips of the unit (you can refer to the food subsidy standard for national staff on business trips of 15 20 yuan per person per day). 6. Medical expenses:

You should go to the designated hospital of social security for medical treatment, and be reimbursed according to law, and you can go to the nearest hospital for emergency treatment. 7. Transportation expenses, accommodation expenses: only refer to medical treatment in other places, which need to be certified by a medical institution, reported to the handling agency for approval, and reimbursed according to the standard of business trips for employees of the unit.

8. Reference materials for the cost of disability assistive devices.

Legal analysis: the object of compensation for work-related injuries is not the same as that of work-related deaths, the compensation for vegetative people is for the disabled workers themselves, and the compensation for work-related injuries is issued to the deceased to support the immediate family, it is difficult to determine which is more, because the vegetative person, as long as he does not die, must be paid a monthly disability allowance, and when he reaches retirement age, he must be given a retirement pension, the longer he lives, the more he receives, and the death is a one-time payment, if there is a support for his immediate family, he must receive a monthly pension and how much he receivesIt is also related to the lifespan of the immediate family members, changes in the eligibility to receive it, such as death, remarriage, participation in work, etc., if there is a change, you can no longer receive a pension, so the two cannot be compared

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) During working hours and in the workplace, Wang You was injured by violence or other accidents as a result of performing his or her 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 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

The compensation of the vegetative person is to the disabled worker himself, and the compensation for the death of the work-related injury is to support the immediate family members of the deceased, it is difficult to determine which is more, because the vegetative person, as long as he does not die, he must be paid a monthly disability allowance, and when he reaches retirement age, he must be given a retirement pension, and the longer he lives, the more he will receive.

The compensation for the work-related death is for the disabled employee himself, and the compensation for the work-related death is issued to the deceased to support the immediate family, it is difficult to determine which is more, because the vegetative person, as long as he does not die, must be paid the disability allowance on a monthly basis, and when he reaches the retirement age, he must be paid a retirement pension, the longer he lives, the more he receives, and the death is a one-time payment, if there is a support for the immediate family, he must receive a monthly pension, and he receives more and less. It is also related to the lifespan of the immediate family members, changes in the eligibility to receive, such as death, remarriage, participation in work, etc., and if there is a change in the life of the family, you can no longer receive a pension, so the two cannot be compared.

Legal basis. Article 15 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He dies of sudden illness during working hours and at work or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or clarify the public interest; 3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

1.First of all, it is necessary to apply to the local labor department for work-related injury recognition, 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 employer 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 during the period of suspension of work (work-related injury **, **) shall be paid according to the original treatment. 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 a labor ability appraisal to identify the level of work-related injury, and then calculate the amount of disability compensation according to the level of disability;

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 to the labor arbitration commission to protect his or her legitimate rights and interests.

Regulations on Work-related Injury Insurance

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.

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**. Leak the Revelation.

1. Materials that need to be prepared for the disability appraisal and demolition of work-related injuries.

1. Decision on Determination of Work-related Injury and its copy;

2. A color photo of the applicant without a hat;

3. ID card and photocopy and other identification materials;

4. Two copies of the Application Form for Labor Ability Appraisal of Employees Injured at Work;

5. The hospital's first diagnosis record and discharge summary, such as the hospital's first diagnosis of medical records and other related information.

Summary. <>

The injured vegetative person is a first-degree disability and will be compensated with a lump sum disability allowance and disability allowance.

How to compensate for work-related injuries.

The injured vegetative person is a first-degree disability and will be compensated with a lump sum disability allowance and disability allowance.

Hello, the employee is identified as a first-class disability due to work-related disability, retains the labor relationship, quits the job, and enjoys the following benefits: (1) A one-time disability subsidy is paid according to the disability level from the work-related injury insurance, and the standard is: the first-class disability is 27 months' salary.

2) Disability allowance from work-related injury insurance** is paid on a monthly basis, and the standard is: 90 of the salary of the first-class disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the difference shall be made up by work-related injury insurance**; (3) After the injured employee reaches the retirement age and goes through the retirement procedures, the disability allowance shall be suspended and the basic pension insurance benefits shall be enjoyed in accordance with the relevant provisions of the state.

If the basic pension insurance treatment is lower than the disability allowance, the difference shall be made up by the work-related injury insurance**. If an employee is identified as a first-class disability due to work-related disability caused by Zheng Li, the employer and the employee shall pay basic medical insurance premiums based on the disability allowance.

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The process of work-related injury identification: 1. Apply to the labor administrative department for work-related injury identification. The employer shall apply for recognition within 30 days, or the injured employee and his close relatives shall apply for recognition within 1 year of being absolutely blind.

2. Materials to be submitted: application form for work-related injury identification, proof of labor relationship between Senkong and the employer, medical diagnosis certificate, etc. Macros.

How much does a vegetative person pay at once?

Hello dear<> one-time disability compensation for vegetative people, 27 months' salary. Disability allowance shall be paid on a monthly basis, and no one-time posture compensation shall be allowed.

How much is a one-time disability?

Hello dear<> the injured person's salary before the injury is calculated for 27 months.

27 months pre-injury salary.

The salary is 8 thousand.

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