Workers Compensation for Workers Working in Factories 50

According to different levels of disability, the items of compensation are different, mainly including: 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. Who should compensate for the above-mentioned items should be handled differently according to the following circumstances:

If the employer has paid work-related injury insurance, except for the wages and one-time employment subsidies during the suspension period, which need to be paid by the company, other items are generally paid by the work-related injury insurance, of course, if the social security base paid by the company is lower than the wage standard of the employee and there is a difference, the corresponding difference should be borne by the unit; If the employer fails to open an account for the worker's work-related injury insurance, all the compensation involved shall be borne by the employer; If the employer has registered for the work-related injury insurance for the employee but has not paid the insurance premium, if the employee can make up the payment in time after the work-related injury occurs, the new expenses incurred after the supplementary payment shall be borne by the social security department and the company through negotiation, and the employer shall bear the expenses incurred before the supplementary payment. Legal basis: Article 62 of the Regulations on Work-related Injury Insurance?

If an employer is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but fails to do so, the social insurance administrative department shall order it to participate within a time limit, pay back the work-related injury insurance premiums that should be paid, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment shall be imposed. 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. After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

Legal analysis: unit compensation mainly includes one-time disability subsidy, one-time disability employment subsidy, one-time disability medical subsidy, salary during the period of suspension of work, hospitalization and food expenses, nursing expenses, etc. 1. First of all, the employer shall submit an application for work-related injury recognition to the Labor Bureau within one month.

2. If the employer does not apply, the worker can apply for work-related injury identification.

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 period of work-related injuries;

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 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.

First of all, apply for work-related injury recognition (if it constitutes a disability, it is also necessary to apply for a false work-related injury appraisal), and those who are identified as work-related injuries will enjoy work-related injury insurance benefits in accordance with the law.

Dealing with Work-related Injuries Flow Chart:

First of all, the work-related injury should be identified as a work-related injury, and then the disability appraisal should be done, and the hail compensation should be delayed according to the results of the disability appraisal that was not promoted

First of all, report the work-related injury, and the factory will help you apply for the recognition of the work-related injury within 30 days from the date of the work-related injury; **After discharge, work-related injury and disability appraisal and disability grade will be evaluated.

Secondly, see whether the factory has paid social security, and if so, prepare complete materials to apply for work-related injury benefits at the Human Resources and Social Security Bureau; The nursing expenses during the hospitalization period and the wages during the suspension period shall be borne by the factory;

If you do not have social security, the factory will pay you all work-related injury benefits.

According to the disability level after appraisal, the amount is calculated according to the treatment standard corresponding to the disability level stipulated in the "Regulations on Work-related Injury Insurance", and the compensation is communicated with the factory employee.

As for the amount of money, it depends on the salary of the injured employee, the number of months of suspension with pay, the level of disability, and whether the labor contract is terminated.

There are 10 levels of work-related injury and disability, 1-10, with 10 being the lightest and 1 being the most serious; Different levels of work-related injury benefits are different.

This should have work-related injury insurance, declare work-related injury, and be reimbursed by the work-related injury and Zhongfan Management Center for all expenses during the ** period. If you reach the disability level after identification, when you terminate the labor relationship with the company, you will receive the corresponding disability subsidy and disability salary according to the corresponding disability level.

According to different levels of disability, the compensation received by Hulao provinces is different. The main compensation items include: 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 you do not have an employment contract or other evidence to prove the existence of an employment relationship, you cannot apply for a work-related injury determination, and you need to apply for labor arbitration to confirm the existence of an employment relationship between you and the employer.

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 and expenses for work-related injuries; (2) Hospitalization meal subsidy letter series; 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) If they are unable to take care of themselves, the living care expenses confirmed by the Labor Slip 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.