How is work related injury compensated and how should work related injuries be compensated

The salary for six months is calculated based on your average salary in the first 12 months, which depends on how much the company pays for you when you pay social security, and the company will generally declare it according to the local minimum standard. For example, if there are two months of 1200 and ten months of 1500, the sum is (120*2+1500*10) 12*6=8700

1.The compensation standard for work-related injuries is determined in accordance with the Regulations on Work-related Injury Insurance and the relevant provisions of the implementation measures for the implementation of the Regulations on Work-related Injury Insurance issued by various municipalities.

1) The medical expenses shall be paid in full by the employer;

2) During the period of suspension of work and salary (during the period of work-related injury**, **), the salary shall be paid according to the original treatment;

3) The unit is responsible for the need for nursing care during the suspension period;

4) The food subsidy during the hospitalization shall be paid according to the standard of the place where the injured employee is located;

5) If the person is disabled at grade 1-10 after the appraisal of his or her working ability, he or she can also enjoy disability allowance (grade 1-6 disability), one-time disability subsidy, one-time medical subsidy for work-related injury (received after the contract is terminated for grade 5-10 disability) and one-time disability employment subsidy (received after the contract is terminated for grade 5-10 disability).

According to Article 37 of the Regulations on Work-related Injury Insurance, if an employee is assessed as having a disability of grade 7 to 10 due to work-related disability, he or she shall enjoy the following benefits, in addition to medical expenses, hospitalization expenses and other expenses that meet the regulations:

1. A one-time disability subsidy shall be paid by work-related injury insurance**, of which grade 10 disability is 7 months' salary;

2. If the labor contract is terminated upon expiration, or the employee personally proposes to terminate the contract before the termination of the contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy. The specific standards of these two golds are stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government, and the amount is different in each place, and the specific amount can be consulted by the labor department.

To sum up, in addition to the reimbursement of medical expenses, the 10th grade disability of work-related injury can receive three subsidies:

Work-related injury** payment: one-time disability benefit;

One-time medical allowance for work-related injuries (only available when the contract is terminated or the individual terminates the contract);

Employer pays: one-time disability employment subsidy (only available when the contract is terminated or the individual terminates the contract);

1. For the items, scope and standards of work-related injury compensation (work-related injury insurance benefits), see Articles 30 to 39 of the Regulations on Work-related Injury Insurance.

2. For the main body of payment responsibility for work-related injury compensation (work-related injury insurance benefits), see Articles 38, 39 and 41 of the Social Insurance Law.

3. Work-related injury compensation (work-related injury insurance benefits) involves factors such as injury (whether it is a general injury or constitutes a disability level and death), the level of work-related injury, the level of one's salary, the region, whether the labor relationship is terminated or terminated by the mountain traveler, and the person's age. It is recommended that work-related injuries read the Social Insurance Law, the Regulations on Work-related Injury Insurance, and the implementation measures for work-related injury insurance of the province (autonomous region, municipality directly under the Central Government) and other laws and regulations, and then study and judge the compensation matters according to their own situation.

Employers are required to participate in work-related injury insurance in accordance with the law to resolve the risk of work-related injuries of employers. After the occurrence of a work-related injury, the employer shall apply for work-related injury recognition (labor ability appraisal) and pay work-related injury insurance benefits (compensation) in accordance with the law. The scope, items, standards, calculation methods, and procedures for the identification and appraisal of work-related injuries shall be stipulated in the Regulations on Work-related Injury Insurance.

The Social Insurance Law stipulates the subject of responsibility for the payment (bearing) of work-related injury insurance benefits.

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;

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.

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.

Legal analysis: After an accident injury occurs, the unit shall, within 30 days from the date of the occurrence of the accident, submit an application for recognition of the work-related injury to the social insurance administrative department of the coordinating region. After the determination is confirmed, the work-related injury appraisal can be applied for, and the compensation can be calculated finally.

The amount of compensation is calculated according to the relevant items, and after the amount of compensation is calculated, if the unit has taken out work-related injury insurance, the national work-related injury insurance agency will directly issue work-related injury insurance benefits according to the standard. If they are not insured, they will negotiate with the employer to settle the problem according to the standards.

Legal basis: Article 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 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** diseases not caused by work-related injuries are not entitled to work-related injury medical treatment, and shall be handled in accordance with the basic medical insurance and antifibrillation 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**.

In the handling of work-related accidents, for injured employees or their families, the most important thing is the specific amount of work-related injury compensation. What are the specific items of workers' compensation? 1. Medical expensesMedical expenses are reimbursed, including medical expenses during hospitalization, training, and work-related injuries.

2. Hospitalization meal subsidy, transportation, accommodation and 1, and hospitalization meal subsidy are the standard hospitalization days stipulated by the local government; 2. After a certificate issued by a medical institution, those who report to the handling agency for approval to seek medical treatment outside the overall planning area may request to pay transportation expenses, accommodation and food expenses; Transportation expenses are regulated according to local standards; Room and board fees are set by the local standard number of people per day. 3. The cost of assistive devices shall refer to the allocation items and cost limits of assistive devices for local work-related injured employees. 4. The wages during the suspension period shall be the original wages and benefits of the employees, and the period of suspension with pay shall generally not exceed 12 months.

If the injury is serious or the circumstances are special, it may be extended upon confirmation by the labor ability appraisal committee of the city divided into districts. 5. Nursing expenses during the period of suspension of work.

6. One-time disability allowance.

7. The specific standards of one-time medical subsidy for work-related injuries and one-time employment subsidy for disability shall refer to the specific provisions of the regulations and measures for the implementation of work-related injury insurance in various provinces and municipalities. 8. In the event of work-related death, it involves a one-time work-related death allowance, funeral allowance, and pension for dependent relatives.

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; 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.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

At present, work-related injury compensation is stipulated in accordance with the "Labor Security Law of the People's Republic of China" and the "Regulations on Work-related Injury Insurance" and other laws and regulations, mainly including the following aspects:

1.Work-related injury benefits: The employer shall provide assistance to the injured worker in terms of recuperation, recuperation, and vocational skill transfer. In addition, it is necessary to pay for work-related injuries such as medical expenses, disability benefits, and death benefits.

2.Medical expenses: The medical expenses of the injured worker during the period of injury and illness shall be paid by the enterprise and reimbursed by the insurance company in accordance with the regulations.

3.Work-related injury allowance: Depending on the severity of the injury and the degree of loss of working capacity, the injured worker can receive a work-related injury allowance paid by the insurance company.

4.Disability Benefits: Depending on the degree of bodily injury caused by the work-related injury, the injured worker may receive a disability benefit paid by the insurance company.

5.Death benefit: For a worker or employee who dies on the job, the surviving family member can receive a death benefit paid by the insurance company.

It should be noted that the specific amount of work-related injury compensation will be calculated and determined according to factors such as the level of disability, the type of disability, the name of the occupation, and the salary income. At the same time, in the process of enjoying work-related injury insurance compensation, the injured worker or his family should seek medical treatment, report and identify in a timely manner, and promptly submit a complaint and arbitration request to the insurance company to ensure their legitimate rights and interests.