Whether the employer should pay the expenses for work related injury and disability recognition or o

If there is work-related injury insurance, the labor ability appraisal fee shall be paid by the work-related injury insurance**. If the payment is not made, it will be paid by the employer.

Legal basis: Social Insurance Law

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.

Regulations on Work-related Injury Insurance

Article 62 Where an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the social insurance administrative department shall order it to participate within a time limit, pay 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.

Hello, the identification of disability in work-related injuries, that is, the appraisal of labor ability, the unit or the worker only needs to apply to the local labor bureau, and the appraisal of labor ability is not charged.

It shall be borne by the employer.

If you participate in work-related injury insurance, the work-related injury appraisal fee shall be paid by the work-related injury insurance**. If the employee does not participate in the work-related injury insurance, the employer shall pay for it.

Social Insurance Act

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;

Code 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) When terminating or dissolving the labor contract, the employee shall enjoy a one-time medical subsidy;

8) In the case of death due to work, the funeral subsidy, the pension for dependent relatives and the subsidy for work-related death received by the surviving family members of the absentee;

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.

Legal Analysis: There are two different types of disability identification. One is the identification of work-related injuries and disability, and the other is the identification of personal injuries and disabilities.

Work-related injuries can be applied to the Labor Ability Appraisal Committee of the Human Resources and Social Security Bureau, and no fee is charged. However, personal injury and disability appraisal needs to be applied to the judicial appraisal center, and fees will be charged according to the specific appraisal items. Taking traffic accident disability assessment as an example, traffic accident disability assessment requires 300-600 yuan per capita according to the number of people.

Legal basis: Regulations on Work-related Injury Insurance

Article 22 The appraisal of labor ability refers to the grade appraisal of the degree of labor dysfunction and the degree of self-care disorder. Labor dysfunction is divided into 10 levels of disability, with the most severe being grade 1 and the mildest being grade 10. There are three levels of self-care disorders:

Unable to take care of oneself at all, unable to take care of oneself for most of one's life, and unable to take care of oneself partially. The labor ability appraisal standards shall be formulated by the Ministry of Social Insurance Administration in conjunction with the Ministry of Health Administration and other departments.

Article 23 The employer, the injured worker, or his or her close relatives shall submit an application to the labor ability appraisal committee at the city level divided into districts, and shall provide the relevant materials for the determination of the work-related injury and the medical treatment of the worker's work-related injury.

It is paid by the individual, and the labor ability appraisal fee for work-related injuries is paid by the individual. If the rating is okay, if it is not evaluated, the money will be spent in vain.

Legal analysis: the enterprise will pay the following: wages and benefits during the work-related injury period; (2) Monthly disability allowance for grade disability. In addition, if the employment contract is terminated or dissolved subsequently, a one-time disability employment allowance will be granted.

Legal basis: Article 62 of the "Regulations on Work-related Injury Insurance" provides that if an employee of an employer who should participate in work-related injury insurance 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.

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) Disability allowance received on a monthly basis by grade 5 and grade 6 disabled workers; 3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or terminated. Article 39 of the Social Insurance Law of the People's Republic of China (2018).

The question you raised is very clear in the Regulations on Work-related Injury Insurance.

Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department. If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee, his close relatives or the trade union organization may directly submit an application for recognition of work-related injury to the social insurance administrative department of the area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.