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There is no distinction between regular and temporary workers.
As long as it is injured at work, it is a work-related injury, and the applicant is now recognized by the Social Security Bureau as a work-related injury, and then apply for disability identification.
Regulations on Work-related Injury Insurance.
Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.
Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.
There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.
There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.
The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.
Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.
Article 37 Where an employee is assessed as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;
2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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There is no minimum compensation wage, and the level of the injury can be evaluated, and then compensation can be claimed according to the conclusion of the evaluation.
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Legal analysis: Regarding how much compensation can be paid for fracture work-related injuries, and in the event of work-related accidents, the employer shall submit an application for work-related injury recognition within 30 days, and if the employer fails to apply in accordance with the regulations, the injured employee or his close relatives can apply for work-related injury recognition within one year, and apply for labor ability (disability level) appraisal after the end of the application, and the disability level shall be subject to the appraisal results. Workers' compensation items include:
Medical expenses, hospital meal allowance and nursing expenses, wages during the period of suspension of work, transportation and accommodation expenses, disability assistive device expenses, living care expenses, one-time disability allowance, one-time medical subsidy for work-related injuries, and one-time disability employment subsidy for Luteyama, etc. The specific amount of compensation is determined by the salary of the person and the average salary of the local area. If the negotiation of the claim fails, you can apply for labor arbitration for the claim.
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 standards for work-related injury insurance hospitalization services 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 the three different levels of living and being completely unable to take care of themselves, most of them are unable to take care of themselves, or some of them are not able to take care of themselves, and the standard is respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.
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Summary. Hello dear for your question, oh <>
Compensation for work-related injuries and fractures of temporary workers, medical expenses, nutrition expenses and other subsidies. Temporary workers who are injured at work are also protected by the law, and are equally entitled to work-related injury insurance benefits, and are entitled to subsidies and compensation for medical expenses and nutrition expenses according to regulations. According to 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 the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, the determination of work-related injuries and the appraisal of labor ability shall be simple and convenient.
How to compensate for work-related injuries and fractures of temporary workers.
Hello dear dear, hello for your question oh <>
Compensation for work-related injuries and fractures of temporary workers, medical expenses, nutrition expenses and other subsidies. Temporary workers who are injured at work are also protected by the law, and are equally entitled to work-related injury insurance benefits, and are entitled to subsidies and compensation for medical expenses and nutrition expenses according to regulations. According to 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 the employee is found to have been injured by the spine of the worker, he or she shall enjoy work-related injury insurance benefits; Among them, the determination of work-related injuries and the appraisal of labor ability shall be simple and convenient.
In addition to enjoying the medical treatment of work-related injuries, first, from the work-related injury insurance** according to the level of disability to pay a disability subsidy, the standard is: 7th grade disability is 13 months of personal wages, 8th degree disability is 11 months of local labor rent, 9 months of personal salary for 9th grade disability, 10th degree disability is 7 months of personal wages; (2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a medical subsidy for work-related injuries and the employer shall pay a disability employment subsidy. That's all there is to it about the standard of workers' compensation for fractures in temporary workers.
According to Article 33 of the Regulations on Work-related Injury Insurance, if an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injury, 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. For the purposes of these Regulations, the term "personal wages" refers to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.
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