The basis for finding nutrition expenses and accompanying expenses during hospitalization for work r

There are different companion fees for different degrees during the hospitalization period for work-related injuries, so we will introduce them in detail below. Formula for calculating the compensation for escort expenses: (The doctor needs to clearly state "escort?") people", otherwise there is no item. ）

Compensation amount for escort fee = original income of the escort Companion time.

or the standard of remuneration for caregivers of the same level of escort time.

1. Calculation formula for medical expense compensation:

Compensation amount for medical expenses = medical expenses + medical expenses + hospitalization expenses + other medical expenses.

2. Calculation formula for compensation for hospital meal subsidy:

Hospitalization meal subsidy compensation amount = RMB number of days of hospitalization.

3. Calculation formula for compensation for nutrition expenses: (Victims who need to be reminded of nutrition need to be clearly stated in the doctor's order can claim this item). The exact amount is at the discretion of the judge.

4. The calculation formula for the victim's compensation for lost work expenses: (the victim can claim this item only if the doctor's order indicates how long the rest time is, and the victim's work unit issues a corresponding salary certificate to prove that his income determines the compensation standard).

It is calculated as follows: length of stay in the hospital + time of rest recommended by the doctor) x monthly salary.

or (average earnings in the last three years or average wages of employees in the same (near) industry in the same (near) position of the court where the suit is filed in the previous year, 365 days) Number of days of lost work.

5. Calculation formula for compensation for escort expenses: (The doctor needs to clearly write "escort?") people", otherwise there is no item. ）

Compensation amount for escort fee = original income of the escort Companion time.

or the standard of remuneration for caregivers of the same level of escort time.

6. Calculation formula for compensation for transportation expenses:

Compensation amount for transportation expenses = actual transportation expenses incurred (with receipts).

7. Calculation formula for accommodation fee compensation:

Compensation amount for accommodation expenses = standard accommodation for general public employees on business trips Number of days of accommodation.

8. Formula for calculating disability compensation:

Disability compensation = per capita income of urban (rural residents) in the previous year at the location of the court where the lawsuit is filed Disability coefficient Compensation period (disability coefficient: that is, assessed as a first-level disability, compensation will be 100%; In the case of grades 2 to 10, the proportion of 10% will be reduced as the compensation coefficient, and the traffic accident will be handled with reference to personal injury compensation).

1) The compensation period for the victim under the age of 60 is 20 years.

2) The number of years of compensation for the victim between the ages of 60 and 74 is: 20 years - (the actual age of the victim - 60 years).

3) The compensation period for the victim over 75 years old is calculated as 5 years.

Follow-up answer: If you have a fixed income, the lost time pay will be calculated according to the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

According to Article 34 of the Regulations on Work-related Injury Insurance, 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 employer shall be responsible. If it has been confirmed by the Labor Ability Appraisal Committee of the Disability Grade, it shall be paid from the work-related injury insurance**.

If an employee is unable to take care of himself or herself during the period of suspension of work due to work-related injury and needs nursing care, and the employer does not arrange for a nursing staff to take care of the employee but is cared for by a family member, the nursing expenses may be paid with reference to the loss of work of the family member; Employees who are injured at work can take care of their own lives, and the accompanying expenses of their general family members will not be compensated.

Bed Companion Fee for Family Members of Injured Employees During Hospitalization: The cost of bed companionship for family members hospitalized with work-related injuries is not clearly stipulated in the law, but it will be considered in the coordination of work-related injury compensation. The main reason is that the expenses incurred for accompanying the bed are actually relative to the nursing expenses, and the employer can be required to pay the nursing expenses if the employee has to be taken care of during the hospitalization of the employee due to a work-related injury;

1. As a company, if it is to negotiate compensation with employees, it can consider paying for the bed expenses incurred in the form of nursing expenses, and the employees do not hire a caregiver but are taken care of by their family members, and the money is relatively small;

2. As a nursing fee, if the worker does ask someone to take care of him, he must keep the invoice and related bills;

Generally speaking, the employer shall pay the nursing expenses of an injured employee during the period of hospitalization for work-related injuries. Of course, the employee should first determine the employment relationship with the enterprise, and then go to the relevant department as soon as possible to conduct an appraisal of the work-related injury and the worker's ability to work.

If the injured employee has a disability to take care of himself during the period of suspension with pay and needs to take care of himself, the employer shall be responsible for the nursing care issued by the ** work-related injury medical institution, and the employer may send someone to take care of the employee, or it can ask someone to take care of it, or it can pay the nursing fee for the work-related injury employee to ask someone to take care of it. Where an employer pays nursing fees, and the province or municipality where it is located has provisions, it shall follow the provisions from the province or municipality where it is located. If there are no provisions, it may be handled in accordance with the same situation with reference to the level of local caregivers.

Labor ability appraisal needs to care for the injured employee **, after the labor ability appraisal, the labor ability appraisal committee confirms that there is an obstacle to self-care, according to the degree of obstacle confirmed by the labor ability appraisal committee, according to the average monthly wage of the employee in the overall area of the previous year as the base, by the work-related injury insurance ** monthly nursing fees, the standard is: 50% for complete nursing, 40% for most nursing, and 30% for partial nursing. The cost of living care shall be adjusted by the province or city in a timely manner with the change of local employees' wages and living expenses.

If the employer does not participate in work-related injury insurance, the employer shall pay the living care expenses in accordance with the regulations. Article 33 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, 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.

The food expenses of the injured employee during the hospitalization** period belong to the scope of work-related injury insurance benefits. For the nursing expenses of the injured employee during the hospitalization, the employer should bear the support in judicial practice.

The details are as follows: the nursing expenses for work-related injuries are not paid by the workers themselves, and there are no nutrition expenses for work-related injuries. Workers who are injured by work-related accidents are entitled to work-related injury insurance benefits, and work-related injury insurance benefits include:

1.medical expenses, equipment and equipment expenses;

2.Salary during the period of leave of absence;

3.nursing fees;

4.food allowance and transportation expenses during hospitalization;

5.Disability Allowance;

6. One-time compensation for work-related injuries: one-time disability subsidy, one-time medical subsidy for work-related injury, and one-time disability employment subsidy. The nursing fee is paid by the employer, and the employer will no longer need to pay the nursing fee if the employer arranges personnel to provide care; If the employer does not arrange nursing care, if the worker hires a nursing worker, the employer shall pay the nursing fee to the nursing worker; If a worker is cared for by a relative, the nursing fee shall be paid to the relative.

Work-related injury insurance benefits do not include nutrition expenses. Paragraph 3 of Article 33 of the "Regulations on Work-related Injury Insurance" provides that if an injured worker who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the employer shall be responsible.

The nursing expenses during the hospitalization period of work-related injuries shall be borne by the employer, and the food expenses shall be paid by the work-related injury insurance**. Food subsidy for hospitalization** work-related injuries of employees, as well as transportation required for work-related injuries to seek medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency.

Under normal circumstances, during the hospitalization of work-related injuries, the living expenses and nutrition expenses are paid by the work-related injury unit. These expenses are not covered by workers' compensation insurance.

Living expenses, nutrition expenses, and nursing expenses during the work-related injury period are all included in the scope of work-related injury insurance!

Generally speaking, the living and nutritional expenses during the hospitalization period of the work-related injury are paid by the work-related injury employer. These expenses are not included in the workers' compensation insurance.

Generally speaking, the living expenses and nutrition expenses during the hospitalization period of the work-related injury are paid by the work-related injury employer. These expenses are not included in the workers' compensation insurance.

Generally, during a work-related injury hospitalization, living expenses and food expenses are paid by the employer. These expenses are not covered by workers' compensation insurance.

In general, the cost of living and nutrition during the hospitalization period is borne by the Injuries Unit. This expenditure is not included in work-related insurance.

Work-related injuries, lost work expenses, nursing expenses, and nutrition expenses are borne by the company, and nutrition expenses are not necessarily required to be compensated in the event of a work-related accident, and the compensation for nutrition expenses is subject to the opinion of the hospital.

In general, the Occupational Injury Unit covers the cost of living and nutrition during the period of hospitalization for work-related injuries. These expenses are not included in the workers' compensation insurance.

Living expenses and nutrition expenses are generally paid by the work-related injury unit during the period of hospitalization. These expenses are not covered by workers' compensation insurance.

In general, the cost of living and living during the hospitalization of an occupational injury is covered by the Occupational Injury Unit. These costs are not covered by occupational accident insurance.

Hello, it should be from your unit, because you were hospitalized because of a work injury.

Who pays for living expenses, nutrition expenses, and nursing care expenses during hospitalization? I think the unit in which you were injured is the unit that gave you out.

Legal analysis: food subsidy for hospitalization of employees, as well as a certificate issued by a medical institution and approved by the handling agency; The transportation, food and lodging expenses required for employees injured to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standards for payment shall be stipulated by the people in the co-ordination area. If the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, the living care expenses shall be paid on a monthly basis from the work-related injury insurance**.

Legal basis: "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 34 If an employee with a work-based injury has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of life care, he or she shall pay a monthly living care fee from the work-related injury insurance**.

The living care expenses are paid according to three different levels: those who are completely unable to take care of themselves, those who are mostly unable to take care of themselves, or those who are unable to take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

Food subsidy: 1. The unit shall pay the inpatient meal subsidy according to 70% of the food subsidy standard of the unit for business trips. 2. The transportation, accommodation and accommodation expenses required for the injured employee to seek medical treatment outside the overall planning area shall be reimbursed by the unit in accordance with the standard of the employee's business trip for business trips after the certificate issued by the medical institution and submitted to the handling agency.

Nursing fee standard: The amount of nursing fee is determined by the income status of the nursing staff, the number of nursing staff, the duration of nursing care, the level of nursing and other factors.

Legal analysisIf an employee wants to receive reasonable compensation for a work-related injury during work, he or she needs to apply to the labor administrative department for recognition of work-related injury in a timely manner, and after the labor administrative department determines that the work-related injury is a work-related injury, the employer must compensate the employee in accordance with the provisions of the Labor Law. According to the provisions of the relevant laws, the cost of nursing care after a work-related injury is determined according to the income, number of caregivers and the duration of care, but if they are accompanied by family members, the nursing expenses can be actually reduced; The food subsidy is compensated according to the standard of food subsidy for general staff of state organs. The nursing fee is determined based on the income status of the nursing staff, the number of nursing staff, and the duration of nursing care.

Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference. The period of care shall be calculated until the victim regains the ability to take care of himself/herself.

Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not more than 20 years. The level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the preparation of disability assistive devices.

Legal basisArticle 30 of the Regulations on Work-related Injury Insurance 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 the work-related injury insurance diagnosis and treatment items, the work-related injury bureau liquid insurance drug list, and the work-related injury insurance hospitalization service standards, it shall be paid from the 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 who are not injured at work are not entitled to medical treatment due to work-related injuries and are treated 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**.