How to deal with work related injuries caused by overage employees

Assign the Yongzhong Palace Bei Han.

1. How to compensate for work-related injuries of over-age personnel.

1. The compensation for work-related injuries of over-age personnel is as follows:

1) Such employees can no longer enjoy work-related injury insurance benefits;

2) If there is an employment or service relationship between the two parties and a work-related accident occurs again, in principle, the employer shall be responsible for compensation. Compensation shall include medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

2. Legal 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 the work-related injury insurance in accordance with national regulations

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 nursing expenses for the source of living and failure 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.

2. What are the materials required for the determination of personal work-related injuries?

The materials required for the determination of individual work-related injuries are as follows:

1. A valid written labor contract or de facto labor relationship certificate between the employee and the employer;

2. Application for Identification of Work-related Injuries of Employees;

3. Employee's ID card and work permit;

4. Materials on injuries and accidents of employees or employers;

5. Relevant circumstantial evidence, such as on-site records, **, confession records, etc., of eyewitness written evidence.

The compensation for work-related injuries of overage personnel is as follows:

1) Such employees can no longer enjoy work-related injury insurance benefits;

2. If there is an employment or labor relationship between the two parties and a work-related accident occurs again, in principle, the employer shall be responsible for compensation. Compensation shall be made for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, and necessary nutrition expenses.

What are the materials required for the determination of personal work-related injuries?

The materials required for the determination of individual work-related injuries are as follows:

1. A valid written labor contract or de facto labor relationship certificate between the employee and the employer;

2. Application for Identification of Work-related Injuries of Employees;

3. Employee's ID card and work permit;

4. Materials on injuries and accidents of employees or employers;

5. Relevant circumstantial evidence materials, such as on-site records, **, confession records, etc. of eyewitness written evidence.

[Legal 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 for work-related injuries and ** cost chain imitation cherry blossoms;

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 General Committee for the Appraisal of Labor Ability;

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.

Work-related injury compensation for overage personnel: The employer shall bear the work-related injury insurance liability in accordance with the law.

The basis for work-related injury compensation is that if the employee is injured during the working period or deemed to be injured during the work period, and the work-related injury determination is carried out in accordance with the work-related injury determination procedures within the work-related injury determination period, if the work-related injury determination result is confirmed work-related injury, the employee can enjoy the corresponding work-related injury treatment in accordance with the law.

1. The period expenses and one-time disability allowance shall be issued within 60 days after the employee applies for work-related injury benefits. There is no legal deadline for employees to apply.

2. One-time medical subsidy and one-time disability subsidy. It is enjoyed when the employee and the employer terminate the labor relationship.

3. The wages of employees during the period of work-related injury shall be paid by the employer on a monthly 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) Suffering violence or other accidental injuries during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or injured due to work reasons or accidents occurring during the period when they are away for work, and their whereabouts are unknown;

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.

If an employee has any of the circumstances in items (1) or (2) of the preceding paragraph, he or she shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of this article; 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 for work-related injuries of overage personnel is as follows:

1. Compensation for general injury caused (disability not reached). Medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses;

2. Compensation for disability. Medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and lodging expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, and one-time disability employment subsidy;

3. The compensation for the death is not clear. funeral grants, one-time grants, pensions for dependent relatives;

4. The whereabouts of the employee are unknown. The compensation items for employees who are missing when they go out or in emergency rescue and disaster relief should be determined according to different circumstances. If the employee has not been declared dead, the compensation items that his or her immediate family members can receive are:

50% of the pension for dependent relatives and a one-time work-related death allowance (if there is a hardship in living); If an employee is declared dead, his immediate family members can receive the following compensation items: funeral expenses, pensions for dependent relatives, and one-time work-related death subsidies.

[Legal basis].Article 39 of the Regulations on Work-related Injury Insurance.

If an employee dies on the job, his close relatives shall receive funeral allowances, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions:

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 livelihood of the employee who died on the job 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 allowance shall be 20 times the per capita disposable income of urban residents in the previous year.

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article.

Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.