Became a vegetative state due to a work related injury. How much is the compensation?

1.The appraisal of labor ability (work-related injury disability assessment) is mainly based on the diagnosis of work-related injury and the situation of the work-related injury, and in accordance with the relevant provisions of the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014. Since the specific injuries of the injured are not stated, it is impossible to estimate the specific level of disability based on the current situation of the vegetative person, and the specific results depend on the appraisal conclusions of the expert group of the Labor Ability Appraisal Committee.

2.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).

4.If you don't understand anything, you can call 12333 directly to consult the local labor department.

Hello, Workers' Compensation:

1) Medical expenses 1. Requirements: **The expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards. 2. Legal basis:

Article 30, paragraph 3 of the Regulations on Work-related Injury Insurance. 3. Note: If the employer does not participate in work-related injury insurance, it is not necessary to go to a medical institution that has signed a service agreement**.

2) Hospitalization meal subsidy, transportation expenses, accommodation expenses 1, standards: specific standards are stipulated by the people in the overall area 2, requirements: medical institutions issue a diagnosis certificate, the agency agrees, and the injured workers go to the overall area for medical treatment.

3. Legal basis: Paragraph 4 of Article 30 of the Regulations on Work-related Injury Insurance. (3) **** fee 1, standard:

**The expenses required for work-related injuries are in line with the work-related injury insurance diagnosis and treatment items catalog, work-related injury insurance drug catalog, and work-related injury insurance hospitalization service standards. 2. Legal basis: Article 30, paragraph 6 of the Regulations on Work-related Injury Insurance.

3. Remarks: According to local regulations, the **** needs to be assessed by experts organized by the handling agency. (4) Assistive device fee 1 standard:

Quota standards for work-related injury assistive devices in all provinces and municipalities directly under the Central Government. 2. Requirements: Due to the needs of daily life or employment, the auxiliary devices such as prostheses, orthoses, prosthetic eyes, dentures and wheelchairs should be installed after confirmation by the Labor Ability Appraisal Committee.

3 Legal basis: Article 32 of the Regulations on Work-related Injury Insurance. (5) Suspension of work and salary retention 1. Standards:

The original salary and benefits remain unchanged and are paid by the unit on a monthly basis. 2. Requirements: The suspension period 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.

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. 3. Legal basis: Article 33 of the Regulations on Work-related Injury Insurance.

4. Note: The suspension period shall be determined according to the diagnosis certificate of the medical institution and the classification catalogue of the suspension period in various places, but the departments and procedures determined shall be in accordance with local regulations. (6) Nursing fee 1 standard:

1) If you need nursing care during the period of suspension of work and pay, your employer shall be responsible for it. (2) For those who need nursing care after being assessed as disabled, and are completely unable to take care of themselves, 50% of the average monthly salary of employees in the previous year shall be coordinated; 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; If some employees are unable to take care of themselves, 30% of the average monthly salary of employees in the previous year shall be coordinated. 2 Requirements: Living care expenses shall be confirmed by the Labor Ability Appraisal Committee, and employees injured at work shall enjoy them on a monthly basis.

Legal analysis: work-related disability should be identified first, and if it is determined that the person is a vegetative person, the company can request corresponding compensation according to the first-level work-related injury. The first-class work-related injury company shall pay a one-time disability allowance for 27 months' wages such as hospitalization expenses, medical expenses, and nursing expenses, and at the same time, it shall pay 90% of the employee's salary as a disability allowance every month until the death of the employee.

At the same time, 60 per cent of the employee's salary should be paid as nursing expenses.

Legal basis: Social Insurance Law of the People's Republic of China

Article 30 The following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance** in accordance with national regulations: Shen Ying.

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 subsidy for finger lesions and a monthly disability allowance for disabled employees 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.

The compensation cost may be several thousand yuan or tens of thousands of yuan, which is not fixed, and is determined according to the level of work-related injury of the worker, and the work-related injury causes the vegetative person to be a first-class disability. If an employee is identified as a first-class disability due to work-related disability, he or she shall retain the labor relationship, withdraw from his or her original position, and enjoy the following benefits:

1. Receive a one-time disability subsidy from work-related injury insurance** in accordance with the first-level disability standard (27 months' salary for first-class disability);

2. Receive monthly disability allowance from work-related injury insurance** (90% of one's salary for first-class disability);

3. After reaching the retirement age and going through the retirement procedures, the disability allowance will be stopped, and then the basic pension insurance will be started.

Employees who suffer from accidents or occupational diseases due to work are entitled to medical treatment for work-related injuries. 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. Due to the needs of daily life or employment, the injured employee can be fitted with prostheses, orthoses, artificial eyes, dentures and wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards stipulated by the state.

If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.

1. How long after a work injury can I get compensation.

Work-related injury compensation can only be compensated after going through two procedures: work-related injury identification and labor ability appraisal (work-related injury disability level appraisal), and the specific time is not easy to generalize due to regional differences.

First of all, it is necessary to apply to the local labor department for the determination of the work-related injury group, which is the premise of all problems, without applying for the identification of work-related injury, it is impossible to obtain compensation through work-related injury, if the unit does not apply, the individual employee must apply within one year from the date of injury, and the social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury identification, and notify the employee or his close relatives and the unit where the employee belongs in writing. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for determination of work-related injury where the facts are clear and the rights and obligations are clear.

If there are internal fixation equipment such as steel nails and steel plates in the body, the labor ability appraisal can only be done after dismantling, and then claim disability compensation from the employer according to the disability level, and 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. The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.