Can I apply for compensation for emotional damages after workers compensation?

The benefits enjoyed in accordance with the provisions of the Regulations on Work-related Injury Insurance are as follows: Employees who are identified as Grade 5 or Grade 6 disability 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 the work-related injury insurance, and the standard is:

18 months' salary for grade 5 disability and 16 months' salary for grade 6 disability (2) Retain the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, the standard is: 70% of the salary for the fifth grade disability and 60% of the salary for the sixth grade disability, and the employer shall pay all the social insurance premiums due to the employee in accordance with the regulations.

If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference. Upon the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

There are no moral compensation.

In the event of a work-related injury, it is not possible to apply for compensation for mental damages. There is no such thing as mental damage in work-related injury insurance benefits. The compensation items after the work-related injury are as follows: **Medical expenses and **expenses for work-related injuries; Hospitalization meal subsidy; Transportation, accommodation and transportation expenses for medical treatment outside the co-ordination area; Wait.

Legal Bi Qin Analysis: There is no mental damage fee for workers' compensation. There is no such thing as mental damage in work-related injury insurance benefits.

Work-related injury insurance compensation falls under the category of social security law and is of a public law nature. If an employee suffers a work-related accident, he or she shall enjoy the corresponding work-related injury insurance benefits in accordance with the regulations, and since the work-related injury insurance benefits do not provide for compensation for moral damages, he cannot file a claim for work-related injury mental compensation against the employer.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation 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 allowance and a monthly disability allowance for employees with disabilities 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 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;

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 the provisions of the State:

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.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the aclusion work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

Legal Analysis: There is no moral damage fee for workers' compensation. There is no such thing as mental damage in work-related injury insurance benefits.

Legal basis: "Law of the People's Republic of China on Social Judgment Rubber Insurance" Article 36 If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and is recognized as a work-related injury, he or she shall enjoy work-related injury insurance benefits; Among them, those who have lost their ability to work through the ability to excavate the void through labor are entitled to disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Legal Analysis: No. Work-related injuries do not support compensation for mental damages, and the employer's liability for work-related accidents has been absorbed by work-related injury insurance, and the injured employee can no longer claim civil compensation from the employer.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred as a result of work-related injuries shall be paid from work-related injury insurance in accordance with the provisions of the State: (1) medical expenses and expenses for work-related injuries; 2) Hospitalization meal subsidy; 3) Transportation and accommodation 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 allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4; (7) A one-time medical subsidy that shall be enjoyed when the labor contract is terminated or terminated; 8) 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; 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 the provisions of the State: (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.

Work-related injury insurance compensation means that the employer establishes a work-related injury insurance relationship for its employees, and in the event of a work-related accident, the insurance institution will compensate the victim, and the employer will no longer bear the civil liability for the work-related accident. If the employer fails to pay the employee work-related injury insurance, the employer shall also compensate the employee in accordance with the provisions of the Regulations on Work-related Injury Insurance.

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 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 and the work-related injury, as well as the transportation and accommodation expenses required for the injured 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 32 Due to the needs of daily life or employment, an injured worker may be fitted with prostheses, orthoses, artificial 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 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.

Article 34 Where an injured worker has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of daily 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, unable to take care of themselves, or unable to take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

The compensation standards for mental damage to work-related injuries are as follows:

1) For those who cause death, compensation for death shall be paid;

2) For those who cause disability, they shall be compensated for disability compensation;

3) Where the infringement of the person does not cause death or disability, compensation shall be made for spiritual solace.

The specific amount of compensation depends on whether it is serious mental damage or general mental damage, and the amount of serious damages is divided into five levels: 50,000 yuan, 40,000 yuan, 30,000 yuan, 20,000 yuan and 10,000 yuan; For general mental damages, the amount of compensation is divided into four levels: 8,000 yuan, 6,000 yuan, 4,000 yuan and 2,000 yuan.

1. How to compensate for work-related injuries suffered by temporary workers?

Temporary workers have the same rights as regular contractors, and claims can be made as follows:

1. To apply to the Human Resources and Social Security Bureau for the recognition of work-related injury, the company needs to declare within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination, proof of labor relationship with the employer's slag mold, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for the appraisal of the working ability, and submit the application to the labor ability appraisal committee of the city divided into districts;

3. The compensation obtained is different according to different disability levels. 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.

2. What is the process of applying for compensation for work-related injuries?

1. To apply to the human resources and social security department (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination, proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for the appraisal of the working ability and submit an application to the labor ability appraisal committee of the city divided into districts;

3. According to different disability levels, the compensation obtained is different. 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.

4. If there is no labor contract and other evidence to prove the existence of labor relationship, and it is impossible to apply for work-related injury determination, you can first apply for labor arbitration to confirm the existence of labor relationship with the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.