How to identify the post treatment expenses of work related injuries and the follow up treatment cos

Who bears the follow-up expenses for work-related injuries? If an employee suffers a work-related injury during the existence of the labor relationship, and the employee still needs to continue after the suspension, who will bear this cost after the termination of the labor relationship? During the period of employment, the medical expenses incurred by the employee due to work-related injury or work-related injury shall be paid from the work-related injury insurance** if the employer fails to handle the work-related injury insurance for the employee and causes economic losses to the employee due to its fault, all the expenses shall be borne by the employer according to law.

On the issue of follow-up expenses for work-related injuries after the employee leaves the company. In accordance with Article 1 of the Regulations on Work-related Injury Insurance.

Three. Ten. 4. Article 35 stipulates that if an employee suffers a work-related injury or disability level of 5 to 10, the employee may terminate the labor relationship with the employer before the expiration of the labor contract, or terminate the labor relationship when the labor contract expires. After the termination of the employment relationship, the employer has no obligation to continue to pay social insurance for the employee, and the employee is no longer entitled to work-related injury insurance benefits. Legal basis:

Article 34 of the Regulations on Work-related Injury Insurance If an injured employee has been assessed for disability and 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: 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.

Employee work-related injury costs** are determined based on medical records and medical invoices issued by the hospital.

There are several points that need to be explained about the follow-up expense appraisal of work-related injuries:1According to the Regulations on Work-related Injury Insurance, two things should be done after a work-related injury, namely, the identification and appraisal of work-related injuries and disability levels, which need to be completed by two procedures and two departments respectively.

Among them, the identification of work-related injuries is particularly important. Radical Eggplant Demolition 2In accordance with Article 17 of the Regulations on Work-related Injury Insurance, you should apply to the local labor and social security administrative department for work-related injury determination as soon as possible and within 30 days after the accident occurred.

The unit will not be so active or even do not want to declare at all. According to the regulations, individual workers can declare. 3.

The following materials shall be submitted in accordance with the provisions of the application for work-related injury recognition: - Application form for work-related injury identification; Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; - Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis jujube certificate). The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

4.The identification of work-related injuries is an important step in determining whether you can enjoy work-related injury insurance and its benefits in the next step, and it is necessary to do it as soon as possible. According to the provisions, the administrative department for labor and social security shall, within 60 days from the date of accepting the application for work-related injury determination, make a decision on the determination of work-related injury, and notify the employee or his immediate family members and the employee's unit in writing of the application for work-related injury determination.

5.According to the regulations, the employer, the injured employee or his or her immediate family members shall submit an application to the labor ability appraisal committee at the city level divided into districts, and provide relevant materials on the determination of the work-related injury and the medical treatment of the work-related injury. The Labor Ability Appraisal Committee shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days.

6.Although according to the reference standard (I won't paste it for you if it's too long), it can be preliminarily judged to be seven to ten grades, but it cannot be directly applied as the basis to produce effectiveness, so it is necessary to accurately determine how many levels it is, or to pass the appraisal. 7.

According to the provisions of the Regulations on Work-related Injury Insurance, if an employee of an employer suffers a work-related injury during the period when the employer has not participated in the work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations. The amount of compensation shall be determined according to the level of labor ability appraisal. 8.

I would like to remind you that, according to the regulations, if an employee is injured in an accident at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits will remain unchanged during the period of suspension with pay, and the employer shall pay them on a monthly basis.

The appraisal of the follow-up expenses of the work-related injury should pay attention to the timing of the appraisal and the timeliness of the disability appraisal. During the medical treatment period of the work-related injury, or the injury is in a relatively stable state, or the medical treatment period is still unable to start working, a labor appraisal should be conducted. The statute of limitations for disability appraisal can only be carried out until the end of medical treatment, that is, after the insured is out of insurance, after a period of medical treatment and functional exercise, the function is restored to a certain extent and is in a relatively stable state, so that the degree of disability can be accurately assessed.

1. Is it legal for the company not to renew the contract during the work-related injury?

After the work-related injury, if the employee is still in the medical treatment period, it is illegal for the company not to renew the contract, and during the medical treatment period, the employer shall not terminate the labor contract when the labor contract expires, and shall postpone it until the disability appraisal is carried out. If the medical treatment period has expired and the company does not renew the labor contract, it is required to pay severance to the employee.

2. What is the compensation standard for traffic accident scars?

Scars from traffic accidents need to be determined by the disability assessment to determine the relevant level before the specific compensation can be known. If you have a scar, you can go to an appraisal agency for a disability appraisal, and if you are disabled, you can claim disability compensation, and you can also ask for cosmetic surgery of the face to eliminate the scar.

The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.

Regulations of the People's Republic of China on Work-related Injury Insurance

Article 13 If an employee is unable to work during the medical treatment period for work-related injuries, or if the injury is in a relatively stable state, or if he is still unable to work after the medical treatment period expires, he or she shall conduct a labor appraisal.

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) During working hours and in the workplace, he or she is injured by violence or other accidents due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal analysis: The appraisal of follow-up expenses for work-related injuries should pay attention to the timing of appraisal and the statute of limitations for disability appraisal. If the employee is in a relatively stable state during the medical treatment period of the work-related injury, or the injury is still unable to start working after the medical treatment period, the labor appraisal shall be conducted.

The statute of limitations for disability appraisal can only be carried out until the end of medical treatment, that is, after the insured is out of insurance, after a period of medical treatment and exercise of the ability to perform the work, the functional silver sedan car can be restored to a certain extent and in a relatively stable state, so that the degree of disability can be accurately assessed.

Legal basis: Regulations of the People's Republic of China on Work-related Injury Insurance

Article 13 If an employee is unable to work during the medical treatment period for work-related injuries, or if the injury is in a relatively stable state, or if he is still unable to work after the medical treatment period expires, he or she shall conduct a labor appraisal. Wei Bo Chun.

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.