Whether an injured employee has the right to claim compensation for moral damages from the employer

No, there is a fixed standard for workers' compensation and it does not include mental damage.

According to the laws of China, work-related injury compensation items include one-time disability allowance, one-time medical subsidy, one-time employment subsidy, suspension of work with pay, living allowance, medical expenses, hospital meal subsidy, transportation expenses, accommodation expenses, nursing expenses and assistive device expenses, except for mental damage compensation.

Legal basis: Article 12 of the Regulations of the People's Republic of China on Labor Insurance stipulates the treatment of work-related injuries and disabilities: A. Workers and employees who are injured on the job shall be treated in the medical center, the hospital or the special hospital of the enterprise.

If the medical center, hospital or special hospital of the enterprise cannot be treated, the administrative side of the enterprise or the management party shall transfer it to other hospitals for treatment, and all the expenses, medicine expenses, hospitalization expenses, meals and medical expenses during hospitalization shall be borne by the administrative side of the enterprise or the employer. During the medical treatment, the salary is paid. B. When workers and employees are determined to be disabled due to work-related injuries, they shall be paid monthly disability pension or work-related disability subsidy under labor insurance** according to the following circumstances.

1. If a person who is completely out of labor force and is unable to work and retires from his or her post and needs assistance in food and daily life, the amount of the work-related disability pension shall be 75% of his or her salary, which shall be paid until the time of death. (2) If a person is completely incapacitated and unable to work and retires, and does not need assistance for food and daily life, the amount of the work-related disability pension shall be 60% of his or her salary, which shall be paid until the labor force is restored or he dies. 3. Workers who are still able to partially lose their labor force shall be given appropriate work by the administrative department of the enterprise or the employer, and shall be paid a work-related disability subsidy according to the extent of their loss of labor force after disability, until the time of retirement pension or death, the amount of which shall be 5 to 20 percent of their wages before they become disabled, but the total amount of their wages when they resume work shall not exceed their wages before they become disabled.

The detailed measures are set out in the implementation rules. 4. The determination and modification of the disability status shall be reviewed by the Disability Review Committee. The detailed measures are set out in the implementation rules.

Legal Analysis: Under normal circumstances, it is not possible to claim moral compensation. After a work-related accident dispute has been handled by the Labor Dispute Arbitration Commission, if the victim requests the employer to compensate for his or her mental damages, it is still a labor dispute, and the court where the parties directly file a lawsuit with the court will not accept it.

However, if a work-related accident is caused by the tortious act of the employer or a third party with missing limbs, and the victim files a lawsuit with the court for compensation for moral damages, it is a civil tort case and the court shall accept it in accordance with law.

Legal basis: Article 36 of the Social Insurance Law of the People's Republic of China If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and is recognized as a work-related injury, he or she shall enjoy work-related injury insurance benefits; Among them, those who have lost their ability to work and move through the appraisal of their working ability are entitled to disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

No. 1. Reasons for not being able to claim moral compensation: Due to the different legal nature and function of work-related injury insurance benefits and mental injury solatium, the compensation for work-related accident damages cannot be claimed for moral damages, and the corresponding work-related injury insurance benefits should be enjoyed in accordance with the relevant provisions of the Regulations on Work-related Injury Insurance.

2. What compensation can be claimed for work-related accidents?

Workers' compensation includes:

1) Medical expenses: **The expenses required for work-related injuries shall meet the standards of work-related injury insurance diagnosis and treatment items, work-related injury insurance drugs, and work-related injury insurance hospitalization services. Legal basis: Article 29, paragraph 3 of the Regulations on Work-related Injury Insurance.

2) Hospitalization meal subsidy: 70% of the unit's food subsidy standard for business trips. Legal basis: Article 29, paragraph 4 of the Regulations on Work-related Injury Insurance.

3) Transportation expenses, accommodation expenses: the standard of food allowance for employees of the unit on business trips. Legal basis: Article 29, paragraph 4 of the Regulations on Work-related Injury Insurance.

4) **** fee: ** The cost of work-related injury shall meet the standards of work-related injury insurance diagnosis and treatment items, work-related injury insurance drugs, and work-related injury insurance hospitalization services. Legal basis: Article 29, paragraph 6 of the Regulations on Work-related Injury Insurance.

5) Assistive device fee: the limit standard of work-related injury assistive devices in each province and municipality directly under the Central Government. Legal basis: Article 30 of the Regulations on Work-related Injury Insurance.

6) Suspension of work and salary: The original salary and benefits remain unchanged and are paid by the unit on a monthly basis.

Legal basis: Article 31 of the Regulations on Work-related Injury Insurance.

7) Nursing fee:

1) If you need nursing care during the period of suspension of work and pay, your employer shall be responsible for it.

2) If the person who needs nursing care after the assessment is disabled, and is completely unable to take care of himself, he or she shall be 50% of the average monthly salary of the employee in the previous year; Most of them are unable to take care of themselves, and 40% of the average monthly salary of employees in the previous year will be planned; Some of them are unable to take care of themselves, and 30% of the average monthly salary of employees in the previous year will be coordinated. Legal basis: Article 31, Paragraph 3 and Article 32 of the Regulations on Work-related Injury Insurance.

Resources. Huajin Net. Huajin.com [Citation time: 2018-4-1].