What is the difference between work related injury and accident insurance, and the difference betwee

Accidental injury commercial insurance refers to a life insurance contract in which the insurer bears the responsibility of paying insurance money in accordance with the agreement when the insured suffers bodily injury or disability or death due to accidental reasons.

Social insurance work-related injury insurance is mainly death and disability compensation, only the unit with 5 insurance will have this protection, the employee dies on the job, his immediate family members in accordance with the following provisions from the work-related injury insurance ** to receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies.

Difference Between Workmen's Compensation Insurance and Commercial Insurance:

1. The work-related injury insurance in the social security is basically paid after the company becomes regular, and the scope of protection is the accident that occurs during work or on the way to and from work.

2. The specific reimbursement of work-related injury insurance and commercial accident insurance should be based on the accident situation of the employee and the insurance situation, and the general principle is that the total reimbursement cost is 100%, that is, not more than the actual cost spent.

3. Social security work-related injury insurance is a group insurance, and the handling department is the Ministry of Human Resources.

4. Work-related injury and commercial accident insurance both refer to accidents, but do not include hospitalization.

5. If there is an accident in the company, the head of the human resources department or the human resources assistant must be notified as soon as possible, and the human resources department is responsible for contacting the company insured by accident insurance to handle the relevant procedures for the injured employees in a timely manner.

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The role and difference of personal accident insurance in workers' compensation.

Legal analysis: 1. The differences are as follows: 1. The nature of insurance is different

Accident insurance is a commercial insurance, and the relationship between the insurer and the insured is completely voluntary. Work-related injury insurance is a social insurance and is mandatory, and the employer must insure the employee in accordance with the regulations, otherwise it will have to bear certain legal liabilities. 2. The existing legal relationship is different: the legal basis of accident insurance is the general civil contract relationship; The legal basis of work-related injury insurance is the realization of the administrative functions of the state.

3. The purpose of implementation is different: accident insurance is a business behavior that obtains profits by complying with people's requirements for risk avoidance; Work-related injury insurance, on the other hand, is not for profit, but for the purpose of ensuring the basic livelihood of workers, maintaining social stability, and promoting economic development. 4. Different ways to pay premiums:

The premium of accident insurance is borne by the policyholder personally, and when the insurance company's income and expenditure are out of balance, the state treasury does not give any subsidies; The premium of work-related injury insurance is borne by the employer, and the employee does not need to pay it. When the income and expenditure of the enterprise are not balanced, the state finance will subsidize it. 5. The scope of protection is different

Accident insurance covers the medical expenses caused by the accident regardless of the time, place and cause of injury, and is mainly for the reimbursement of medical expenses caused by the accidental injury. At the same time, if the insured person becomes disabled due to accidental injury, the disability allowance can also be compensated proportionately; Work-related injury insurance only reimburses medical expenses incurred as a result of an accidental injury suffered as a result of work. 2. If you apply to the Human Resources and Social Security Bureau for arbitration, if you are injured at work due to the content of your work, it will inevitably be a work-related injury.

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, 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**.

Article 34 Where an injured worker has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of daily care, he or she shall be paid a monthly living care allowance from the work-related injury insurance.

The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot 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.

1. What is the difference between work-related injury insurance and accident insurance?

Work-related injury insurance and accident insurance can both give a certain amount of compensation to the manager of the employee who has suffered an accidental injury, which is indeed relatively similar, but there is an essential difference between the two.

The first is mandatory. Work-related injury insurance is required by the state to be paid by enterprises, and accident insurance is optionally paid. If an enterprise does not pay work-related injury insurance to its employees, it needs to bear certain legal responsibilities.

Secondly, the beneficiaries of the two types of insurance are different. The beneficiaries of work-related injury insurance are enterprises and employees, and the beneficiaries of accident insurance are only individuals.

At the same time, their payout ratios are not the same. Work-related injury insurance payouts include not only medical expenses, disability allowance, work-related injury medical benefits, but also funeral benefits, work-related death benefits, and dependent family pensions. The proportion of compensation for accident insurance is relatively small, and the terms are strict and restrictive.

Then there is the difference in the degree of problem solving. In the event of a work-related injury, there will be no more disputes with work-related injury insurance. After being reimbursed by accident insurance, the employee can still file a lawsuit with the labor bureau and the court for compensation. Accident insurance is just a kind of welfare insurance for employees.

There are also different payment agencies. Work-related injury insurance is paid by the Labor Bureau. Accident insurance payouts are paid by the insurance company.

Finally, there are different payment methods. Work-related injury insurance is paid to the Labor Bureau on a monthly basis. In addition, those who pay work-related injury insurance can be replaced on a monthly basis. Accident insurance is paid to the insurance company on an annual basis.

2. What is the compensation standard of work-related injury insurance?

1. Medical expensesMedical expenses are reimbursed, including medical expenses during hospitalization, training and work-related injuries.

2. The hospitalization meal subsidy, transportation, room and board, 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 are the original wages and benefits of the employees, and the suspension period is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be extended upon confirmation by the labor ability appraisal committee at the districted city level;

5. Nursing expenses during the period of suspension of work;

6. One-time disability subsidy;

7. One-time medical subsidy for work-related injuries and one-time employment subsidy for disability, the specific standards refer to the specific provisions of the regulations and measures for the implementation of work-related injury insurance in various provinces and cities;

In the case of work-related death, it involves a one-time work-related death allowance, funeral allowance, and pension for dependent relatives.

Legal basis

Article 5 of the Regulations on Work-related Injury Insurance.

The social insurance administrative department is responsible for work-related injury insurance throughout the country.

The local people's social insurance administrative departments at or above the county level shall be responsible for the work-related injury insurance work within their respective administrative areas.

The social insurance agency (hereinafter referred to as the agency) established by the social insurance administrative department in accordance with the relevant provisions of the social insurance department specifically undertakes work-related injury insurance affairs.

Workers' compensation insuranceIt refers to a social insurance system in which workers or their surviving family members receive material assistance from the state and society when they suffer from accidental injuries or occupational diseases resulting in temporary or permanent incapacity for work or death at work or under specified special circumstances.

Personal Accident InsuranceIt refers to the insurance that the insurance company pays the insurance money in accordance with the provisions of the insurance contract when the insured suffers an unintentional, external, or sudden accident during the validity period of the insurance, resulting in the disability or death of Suiyu's body.

The main differences between the two are as follows:

The purpose of implementing insurance is different. Work-related injury insurance is a social security policy, personal accident insurance is more commercial, and the business goal is to make profits.

The implementation is different. Work-related injury insurance is compulsory, and the implementation of personal accident insurance is created on a voluntary basis.

The scope of implementation is different. The relationship between the insured and the employer of work-related injury insurance is an employment relationship, and the relationship between the insurer and the insured of personal accident injury is an equivalent exchange relationship.

Insurance **** is different. Work-related injury insurance is to implement the principle of non-payment by individual workers, all insurance premiums are borne by the enterprise unit, and the cost is amortized, and when the income and expenditure are unbalanced, the state finance will give a certain subsidy; Personal accident insurance is generally borne by the policyholder according to the provisions of the insurance contract.

The amount of insurance is determined differently than the benefit. The amount of work-related injury insurance is paid in full accordance with the provisions of social insurance regulations, while the amount of personal accident insurance is determined by both the insurer and the policyholder.

The degree of protection varies. The level of protection provided by work-related injury insurance generally only meets the basic living needs of the insured, and the level of protection provided by personal accident insurance is completely determined by the agreement between the parties to the insurance and the amount of contributions paid by the policyholder.

The legal relationship is different. Work-related injury insurance is within the scope of social insurance laws and regulations and is subject to national laws and regulations; Personal accident insurance is within the scope of adjustment of the economic contract law, which is adjusted by the content of the economic contract.

In short, work-related injury social insurance is a first-class behavior, while personal accident insurance is a commercial behavior.

The difference between work-related injury and accident insurance should be that the work-related injury is 100%, and the work unit bears the compensation and gives compensation, and the difference between Changwei accident hail insurance is that the accident insurance covers 50%, and the other part is spent by yourself.

Work-related injuries are paid every month, and accident insurance is generally paid once a year or a certain period of time.

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Questions. My husband was injured on the construction site and fractured his waist, leg and ankle, and I want to know the difference between their company's work-related injury and insurance.

Article 36 of the Social Insurance Law of the People's Republic of China Article 36 If an employee is injured in an accident or suffers from an occupational disease due to work reasons or after a work-related injury, and is recognized as a work-related injury, he or she shall enjoy work-related injury insurance benefits, and if he loses his or her ability to work after the appraisal of his or her ability to work, he shall enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient. Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crimes, (2) drunkenness or drug abuse, (3) self-harm or suicide, and (4) other circumstances provided for by laws and administrative regulations.

If the work-related sock injury is determined to be unsuccessful, the medical insurance can still reimburse it. The determination of work-related injury is unsuccessful, which only means that the injury suffered this time is not a work-related injury and cannot enjoy relevant benefits in accordance with the work-related injury insurance regulations (that is, the relevant benefits and expenses cannot be paid by the work-related injury insurance with the trillion**). As long as the medical insurance has been paid, the medical insurance will give reimbursement relief according to the relevant policies.

Yes. The specific procedures for work-related injury assessment are as follows: 1. Go to the labor administrative department to determine the work-related injury; 2. After the administrative department determines the work-related injury, apply to the administrative department for work-related injury identification; 3. The labor administrative department and the enterprise will notify you to identify the disability level; 4. The disability level is identified in a medical institution designated by the Municipal (Districted) Labor Ability Appraisal Committee; 5. After assessing the level of the disabled brother, it shall be implemented in accordance with the provisions of the Regulations on Work-related Injury Insurance.

Article 45 of the Social Insurance Law of the People's Republic of China An unemployed person who meets the following conditions shall receive unemployment insurance money from unemployment insurance**: (1) the employer and the employee have paid unemployment insurance premiums for one year before becoming unemployed; (2) Interruption of employment not due to the person's will; (3) Those who have already registered as unemployed and have requirements to seek employment. Article 46 Where an unemployed person has paid contributions for one year but less than five years before he or she becomes unemployed, the maximum period for receiving unemployment insurance money shall be 12 months; If the cumulative contributions have been made for five years but less than 10 years, the maximum period for receiving unemployment insurance benefits is 18 months; For those who have made contributions for more than 10 years, the maximum period for receiving unemployment insurance money is 24 months.

If a person becomes unemployed again after re-employment, the payment time shall be recalculated, and the period for receiving unemployment insurance money shall be calculated together with the period for which unemployment insurance money should have been received but not yet received in the previous unemployment, and shall not exceed 24 months. Article 47 The standard of unemployment insurance money shall be determined by the people of the province, autonomous region, or municipality directly under the Central Government, and shall not be lower than the minimum subsistence guarantee standard for urban residents.

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