Occupational diseases, how to compensate the company, how to compensate the company for occupational

Compensation standards for occupational diseases:

Medical expenses: The expenses required for diagnosis and treatment due to occupational diseases shall be paid by the work-related injury insurance** in accordance with the prescribed standards;

Hospitalization meal subsidy: paid by the employer in accordance with a certain proportion of the local food standard for business trips;

**Fee: paid by work-related injury insurance** in accordance with the prescribed standard;

Disability Appliance Fee: If an assistive device is required due to disability, the required fee shall be paid by the work-related injury insurance** in accordance with the standard of universal assistive devices;

Leave of absence with pay: The original salary and benefits remain unchanged and shall be paid by the employer;

Living care subsidy: If the disability is assessed and it is confirmed that life care is needed, the living care subsidy shall be paid by the work-related injury insurance** in accordance with the prescribed standards;

One-time disability subsidy: Those who have been identified as having a disability of grade 10 to 1 will enjoy a one-time disability subsidy equivalent to their own salary of 6 months to 24 months according to the disability level, which will be paid by work-related injury insurance**;

Disability allowance: Those who have been identified as having a fourth-level to first-class disability shall enjoy a disability allowance equivalent to 75% to 90% of their salary in accordance with the regulations, which shall be paid by work-related injury insurance**;

Death subsidy: In the event of death due to occupational poisoning, the work-related injury insurance** shall be paid in a lump sum according to the standard of the average monthly wage of the employee in the overall area of the previous year for not less than 48 months;

Funeral subsidy: In the event of death due to occupational poisoning, the work-related injury insurance** shall be paid in a lump sum according to the standard of the average monthly wage of the employee in the previous year in the overall area for 6 months;

Pension for dependent relatives: In the event of death due to occupational poisoning, the pension shall be paid by work-related injury insurance** to the relatives who provided the main livelihood of the deceased during his lifetime**: 40% of the average monthly salary of the employees in the overall area shall be paid to his spouse every month according to 40% of the average monthly salary of the employees in the overall area in the previous year, and 30% of the average monthly salary of the employees in the overall area in the previous year shall be paid to each of the immediate family members supported by the deceased during his lifetime;

Other work-related injury insurance benefits stipulated by the state.

Article 43: If an employer does not have a business license or has had its business license revoked in accordance with the law, and its workers suffer from occupational diseases while engaged in work using toxic substances, it shall give the workers a one-time compensation in accordance with the items and standards stipulated by the relevant state work-related injury insurance.

The classification and prevention of occupational diseases are stipulated in the Law on the Prevention and Treatment of Occupational Diseases and the Classification Catalogue of Occupational Diseases, which stipulate that if a worker has an occupational disease, the CDC shall diagnose and determine it, and then apply to the labor administrative department for recognition of work-related injury, and pay compensation in accordance with the regulations on work-related injury insurance.

Article 17 of the Regulations on Work-related Injury Insurance stipulates that if a person is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the employer shall submit an application for recognition of work-related injury to the labor and social security department within 30 days from the date of diagnosis or appraisal of the occupational disease.

Legal analysis: Occupational diseases shall be recognized as work-related injuries, and employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries; If an administrative reconsideration or administrative lawsuit occurs after the social insurance department makes a decision to determine that it is a work-related injury, the payment of medical expenses for the work-related injury shall not be stopped during the period of administrative reconsideration and administrative litigation.

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.

Article 57 of the Regulations on the Prevention and Treatment of Occupational Diseases stipulates that the diagnosis and treatment of occupational disease patients, the cost of medical treatment, and the social security of occupational disease patients who are disabled and have lost their ability to work shall be implemented in accordance with the relevant provisions of the state on work-related injury insurance.

Legal Analysis: Occupational Disease Companies Require Compensation. Occupational diseases are a type of work-related injury, and the treatment is the same as that of work-related injuries, and the specific compensation shall be compensated according to the level of work-related injury appraisal.

It is necessary to determine whether you have suffered from occupational diseases, which can only be determined by the diagnosis and diagnosis report of the CDC, and not all employees who are exposed to occupational hazards will suffer from occupational diseases. If you have already diagnosed an occupational disease, you can apply to the Work-related Injury Center for work-related injury appraisal, and the compensation will be paid according to the level after the appraisal. If there is no diagnosis, it is recommended to go to the CDC for diagnosis first.

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 the treatment of work-related injury medical treatment.

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 certificate issued by the medical institution, reported to the handling agency and Qing Yingyi, the transportation, lack of food and lodging expenses required for the work-related injury employee to seek medical treatment outside the overall area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the overall 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**.

Legal analysis: Occupational diseases should be recognized as work-related injuries, and employees are injured in accidents or suffer from occupational diseases due to work, and if they are companies that have participated in work-related injury insurance in accordance with national regulations, workers suffering from occupational diseases have the right to enjoy work-related injury insurance benefits in accordance with the relevant national regulations on work-related injury insurance; If it is a company that does not participate in work-related injury insurance, the company will compensate for it. Where an administrative reconsideration or administrative lawsuit occurs after the social insurance administrative department makes a decision to determine a work-related injury, the medical expenses of the injured employee shall not be stopped during the period of administrative reconsideration or administrative litigation.

According to the relevant provisions of the Regulations on Work-related Injury Insurance, if an employer participates in work-related injury insurance in accordance with the provisions of the state, the worker suffering from occupational diseases shall be entitled to the following work-related injury insurance benefits in accordance with the relevant national regulations on work-related injury insurance: medical expenses, hospital meal allowance, ** fee, disability equipment fee, leave of absence with pay, living care subsidy, one-time disability subsidy, disability allowance, etc.

Legal basis: Regulations on Work-related Injury Insurance

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

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.

Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.