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Due to work-related injuries, the employer can still be required to bear the medical expenses and lost work expenses for removing the steel plate after one year.
Article 38 of the Social Insurance Law stipulates that 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;
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.
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Have you applied for a work-related injury determination?
After the determination is made, the employer, the injured employee or his close relatives shall submit an application for labor ability appraisal to the labor ability appraisal committee at the districted city level, and provide relevant materials on the work-related injury determination decision and the employee's work-related injury medical treatment;
After the work-related injury is identified, the employee can apply for the labor ability appraisal, and then enjoy the work-related injury benefits stipulated in the "Regulations on Work-related Injury Insurance" according to the appraisal conclusion.
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Legal analysis: If the steel plate needs to be removed after one year of work-related injury, the relevant medical expenses can be reimbursed by the social security agency with the charging voucher of the medical institution, and the medical expenses that belong to the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the standard of work-related injury insurance hospitalization services shall be paid by the work-related injury insurance.
Social Insurance Law of the People's Republic of China
Article 74: Where social insurance handling agencies obtain data needed for social insurance work through business handling, statistics, and investigations, the relevant units and individuals shall provide them in a timely and truthful manner. The social insurance agency shall establish archives for the employer in a timely manner, record the social insurance data such as the persons participating in the social insurance and the payment of premiums in a complete and accurate manner, and properly keep the original vouchers for registration and declaration and the accounting vouchers for payment and settlement. The social insurance agency shall timely, completely, and accurately record the personal rights and interests records such as the contributions made by individuals participating in social insurance, the contributions made by employers, and the enjoyment of social insurance benefits, and periodically send the individual rights and interests records to the person free of charge.
Employers and individuals may, free of charge, inquire and check the records of their contributions and social insurance benefits from the social insurance agencies, and request the social insurance agencies to provide social insurance consultation and other related services.
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, accommodation and accommodation expenses required for the work-related injury 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**.
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Hello! We're happy to answer for you! Due to work-related injuries, the employer can still be required to bear the medical expenses and lost work expenses for removing the steel plate after one year.
The materials required for reimbursement include the work-related injury determination decision, expense details, inpatient medical records, outpatient medical records, work-related injury treatment approval form, and if the disability level appraisal is waived, the person must write a statement of waiver of the disability grade appraisal. Hope mine is helpful to you!
Ask about the reimbursement process for secondary surgery for work-related injuries.
The reimbursement process for the second operation of work-related injuries is to send the relevant materials to the Work-related Injury Department of the Municipal Social Insurance Center for filing and stamping for reimbursement. Go to the work-related injury department of the employer or the municipal social insurance center where the employee is located to get the "Application for Filing Form for the Second Hospitalization of Work-related Injured Employees", and fill it in completely, fill in two copies, and stamp the official seal of the unit. Then the employer or the employee shall submit the filing form to the work-related injury department of the municipal social insurance center for filing and sealing, and the employer and the work-related injury department of the municipal social insurance center shall each take a copy and verify it when reimbursing medical expenses.
Question: How long does it take to get a disability assessment after surgery?
According to Article 21 of the Regulations on Work-related Injury Insurance, if an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be assessed for his or her ability to work.
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The law is divided into high-altitude analysis: one year after the work-related injury, the steel plate can be dismantled to the unit to reimburse the medical expenses for the removal of the steel plate, ** expenses, hospital meal subsidies, transportation and accommodation expenses, the expenses required for the installation and configuration of disability assistive devices, a one-time disability allowance and the monthly disability allowance received by disabled employees from grade 1 to 4.
Legal basis: Article 38 of the Social Insurance Law 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) If they are unable to take care of themselves, the living care expenses confirmed by the Hongzi Committee of 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.
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After one year, there is also work-related injury leave for dismantling the steel plate. If the steel plate can be removed after one year, it should be treated as an old injury and should be able to enjoy work-related injury leave. If it is an old injury, it will be treated according to the situation of the work-related injury, and it needs to be restored after **, and there is generally no more than 12 months of suspension with pay.
Workers who have suffered a work-related injury need to actively take care of their actual injuries. **After completion, the worker should go to the work-related injury appraisal agency designated by the labor department to conduct the work-related injury appraisal to ensure his legitimate rights and interests and claim compensation.
What are the types of work-related injuries?
1. Classification according to the degree of injury. It is generally divided into minor injuries and major injuries. It can also be divided into moderate injury, non-life-threatening serious injury, life-threatening serious injury, critical, alive and unknown;
2. Classification according to the causative factors. mechanical injuries such as cuts and puncture wounds caused by sharp objects, contusions caused by blunt objects, crush injuries caused by building collapses, fractures caused by falls from heights; physical injuries such as burns, burns, frostbite, electrical damage, ionizing radiation damage; Burns caused by chemical injuries such as strong acids, alkalis, phosphorus and hydrofluoric acid;
3. Classification according to the injured part. It can be divided into head injury, facial injury, chest injury, abdominal injury and limb injury;
4. According to whether there is a wound on the surface of the mucosa or mucosa, it is divided into open injury and closed injury;
5. According to the number of injured tissues and organs, it can be divided into single injury and multiple injury.
[Legal basis].Article 33 of the Regulations on Work-related Injury Insurance.
If an employee is injured in an accident or suffers from an occupational disease due to 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.
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Legal analysis: due to work-related injuries, the employer can still be required to bear the medical expenses, lost work expenses and other expenses for removing the steel plate after one year. Within 24 hours of the occurrence of a work-related injury, a work-related injury report form shall be submitted to the social insurance agency; The employer in which the work-related injury occurs shall submit an application for work-related injury recognition to the Labor Department within 30 days from the date of the accident injury, otherwise the relevant expenses incurred during this period shall be borne by the employer.
The materials required for reimbursement include the work-related injury determination decision, expense details, inpatient medical records, outpatient medical records, work-related injury treatment approval form, and if the disability level appraisal is waived, the person must write a statement of waiver of the disability grade appraisal.
Legal basis: Article 38 of the Social Insurance Law 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 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.
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