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Since the parties are in a coma, then you can only ask a lawyer to help you escape... First of all, I went to the Human Resources and Social Security Bureau for the identification of work-related injuries, and after getting the certificate, I went to the judicial appraisal center for disability level assessment, but the party was in a coma and didn't know if the company would send someone over. . . After the appraisal, you can negotiate compensation, medical expenses, nursing expenses, food expenses, transportation expenses, one-time disability allowance, salary and benefits during the period of suspension of work, one-time employment subsidy, etc.
This requires a lawyer to calculate according to the local situation, and hiring a lawyer is only a few thousand yuan...
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Legal Analysis: Work-related injury compensation includes: 1. Compensation for general injuries (not reaching disability) Medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation, accommodation and transportation 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. Compensation for death Funeral allowance, one-time ** subsidy, pension for dependent relatives. 4. The situation where the whereabouts of the employee is unknown The compensation items for the unknown whereabouts of the employee when he goes out or in the emergency rescue and disaster relief shall be determined according to different circumstances.
If the employee has not been declared dead, the compensation items that his immediate family members can receive are: pension for dependent relatives, 50% of the one-time work-related death subsidy (if there is difficulty in living) The compensation items that can be obtained by the immediate family members are: funeral expenses, pension for dependent relatives, and one-time work-related death subsidy.
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 subsidies (3) Transportation and accommodation expenses for medical treatment outside the overall planning area (4) Expenses required for the installation and configuration of disability assistive devices (5) Living care expenses confirmed by the Labor Ability Appraisal Committee for those who cannot take care of themselves (6) One-time disability subsidies and monthly disability allowances received by disabled employees of grades 1 to 4 (7) One-time medical subsidies that should be enjoyed when the labor contract is terminated or terminated (8) Death due to work, Funeral allowances, pensions for dependent relatives and work-related death allowances received by their surviving family members (9) Labor ability appraisal fees.
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:
(2) Disability allowance received by employees with grade 5 and grade 6 disabilities on a monthly basis (3) A one-time disability employment subsidy that should be enjoyed when the labor contract is terminated or terminated.
Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related accident occurs, the employer shall pay the 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.
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1.First of all, it is necessary to apply to the local labor department for work-related injury identification, which is very critical and the premise of all problems, if you do not apply for work-related injury identification, everything is in vain, 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 during the period of suspension of work (work-related injury **, **) shall be paid according to the original treatment. If you need nursing care during the suspension period, the unit will be responsible for it, and the food allowance during the hospitalization period will be paid according to your local standard;
3.After the injury is stabilized, you can apply for a labor ability appraisal to determine the level of work-related injury, and then claim disability compensation from the employer according to the level of disability;
4.Work-related injury compensation (only the compensation is available if the disability level is reached by the labor ability appraisal):
1) If you continue to work in the employer and do not resign, you will be entitled to a one-time disability allowance according to the level of disability according to the Regulations on Work-related Injury Insurance.
2) If you choose to quit your job, you can enjoy a one-time medical subsidy for work-related injuries and a one-time disability employment subsidy (paid by the employer) in addition to the one-time disability subsidy. The specific amount is set by your local area, different regions, different disability levels, and different compensation amounts, you can call 12333 to consult your local labor department.
5.If you don't understand anything, you can ask or call 12333 directly to consult the local labor department!
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Medical expenses, lost work expenses, follow-up** expenses.
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Legal Analysis: The compensation items for the compensation for the injury of the injured person are as follows: 1. The compensation items for the general injury (not reaching the disability) are medical expenses, food subsidies during the hospitalization of the injured, living care expenses, wages during the work-related injury, and transportation and accommodation expenses.
2. Compensation items for disability: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation 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. Compensation items for causing death:
Funeral grants, one-time ** grants, pensions for dependent relatives. 4. Circumstances in which the whereabouts of employees 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 an employee has not been declared dead, his immediate family members can receive compensation items: pension for dependent relatives and one-time work-related death allowance. 50% (those who have difficulties in life); If an employee is declared dead, the compensation items that his immediate family members can receive are:
Funeral expenses, pensions for dependent relatives, and one-time work-related death allowances.
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 for the work-related injury, as well as the transportation and accommodation expenses required for the work-related injury Fengdan 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**.
The basic process of a workers' compensation claim is as follows: >>>More
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