How to compensate for work related injuries in general, and how to calculate compensation for work r

This issue is relatively broad and involves the scope, procedure, subject and other aspects of compensation. First of all, let's talk about the scope of compensation, mainly including: medical expenses, hospital meal subsidies, transportation, room and board expenses, assistive device expenses, wages during the period of suspension of work, nursing expenses during the period of suspension of work, one-time disability subsidy, termination of labor relations, one-time medical subsidy for work-related injuries and one-time disability employment subsidy, and in the event of work-related death, it also includes the pension of dependent relatives.

Secondly, the compensation procedure is relatively lengthy, and the employer should apply to the labor bureau for recognition of the work-related injury within one month after the occurrence of a work-related injury. If the employer does not apply, the injured person must file an application with the labor department within one year from the date of the accident. After the work-related injury is determined, after the medical treatment is completed or the medical treatment period expires, the labor appraisal committee at or above the county level shall conduct an appraisal of the disability level.

Based on the appraisal results, the compensation standard is calculated. Finally, if the employer has paid work-related injury insurance, except for the wages and one-time employment subsidies during the suspension period, which need to be paid by the company, other items are generally paid by work-related injury insurance; If the employer fails to open an account for the worker's work-related injury insurance, all the compensation involved shall be borne by the employer; If the employer has registered for the work-related injury insurance for the employee but has not paid the insurance premium, and the employee can make up the payment in time after the work-related injury, the relevant expenses shall be borne by the social security and the company through negotiation.

Legal Analysis: After an accident injury occurs, a single backup coarse position shall submit an application for work-related injury determination to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury. After the determination is confirmed, the work-related injury appraisal can be applied for, and the compensation can be calculated finally.

The amount of compensation is calculated based on the following items: (1) Medical expenses. **The cost of work-related injury must meet the requirements of the work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug list, and the work-related injury insurance hospitalization service standards.

2) Hospitalization meal subsidy. If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the food subsidy standard of the unit for business trips. (3) Transportation, accommodation and food expenses for medical treatment in other places.

4) **** fee. (v) Assistive device fees. (6) Wages for the period of suspension of work.

vii) Living care expenses. (viii) One-time disability allowance. (ix) Disability allowance.

10) One-time disability employment allowance and one-time medical subsidy for work-related injuries. (11) Funeral grants. (12) Pension for dependent relatives.

13) One-time work-related death allowance. After calculating the amount of compensation, if the unit has taken out work-related injury insurance, the national work-related injury insurance agency will directly issue work-related injury insurance benefits according to the standard. If they are not insured, they will negotiate with the employer to settle the problem according to the standards.

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

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries (2) Hospitalization meal subsidies (3) Transportation and accommodation expenses for medical treatment outside the overall planning area (4) Expenses required for the installation and configuration of disability assistive devices (5) Nursing expenses confirmed by the Labor Ability Appraisal Committee (6) One-time disability subsidy and monthly disability allowance for disabled employees of grades 1 to 4 (7) One-time medical subsidies that should be enjoyed when the labor contract is terminated or terminated (8) Death due to work, Funeral allowances, pensions for dependent relatives and work-related death allowances received by their surviving family members (9) Labor ability appraisal fees.

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 period of work-related injury (2) Disability allowance received by employees with grade 5 and grade 6 disabilities on a monthly basis (3) A one-time disability employment subsidy that should 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 follow the payment of the town, it shall pay 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.

Legal analysis: 1. Within the time limit, the employee or the employer shall submit an application for recognition of work-related injury banquet to the labor and social security administrative department of the coordinating area;

2. After the work-related injury is identified, the employer, the injured employee or his or her immediate family members shall submit an application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts, and the disability level shall be determined through the labor ability appraisal;

3. The employer shall pay compensation in accordance with the provisions of the law according to the level of disability appraisal.

Legal basis: Regulations on Work-related Injury Insurance 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 area where the accident occurs or is diagnosed or appraised as an occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

Hello, according to the provisions of Article 14, Paragraph 6 of the Regulations on Work-related Injury Insurance, if you are injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which you are not primarily responsible on the way to and from work, it shall be recognized as a work-related injury. You can first negotiate with the employer to determine the work-related injury, and if the employer does not agree, you can apply for the work-related injury determination by yourself. If the negotiation fails, you can entrust a local lawyer to apply for labor arbitration, and the work-related injury benefits shall be jointly borne by the work-related injury insurance** and the unit.

Among them, the ten benefits borne by the unit are:

1) Hospitalization meal subsidy. 70% of the food allowance standard for business trips of the employee's unit will be paid.

(2) Transportation, accommodation and accommodation expenses for approved transfer to other places. Reimbursement shall be made according to the standard of work-related business trip of the employee's unit.

3) Wages and benefits and escorts during the period of suspension of work. During the period of suspension of work and salary, the original salary and benefits remain unchanged and are paid by the unit on a monthly basis; If care is needed, the unit to which they belong is responsible. During the period of suspension of work with pay, the employer shall not dissolve or terminate the employment relationship with the injured employee except in the circumstances prescribed by law.

4) Disability allowance. Employees with grade 5 to 6 disabilities who are difficult to arrange work will be given a monthly disability allowance: 70% of their salary for grade 5 disability and 60% of their salary for grade 6 disability.

If the wages of the incumbent employees of the employer increase, the disability allowance shall be increased by 70% or 60% of the average monthly increase in the wages of the incumbent employees of the employer.

5) The employer shall bear the cost of the examination of the injured employee during the appraisal of his or her working ability.

6) The expenses incurred by the suspected occupational disease patient during the period of diagnosis and medical observation shall be borne by the employer.

7) If an injured employee suffers a work-related injury abroad, the medical expenses shall be paid according to the same type of disease in China, and the employer shall bear the remaining part.

8) When dissolving or terminating the labor contract of an injured employee of grade 5 to 10, the employer shall pay a one-time employment and medical subsidy to the injured employee, and an additional 50% medical subsidy for occupational diseases.

9) The medical expenses of the injured employee shall be paid in advance by the employer.

10) For work-related injuries that occurred before January 1, 2007 and those diagnosed with occupational diseases, the work-related injury benefits shall still be borne by the employer.

Among them, 12 types of benefits are paid by work-related injury insurance**

medical expenses for work-related injuries; Disability allowance for employees with work-related injuries in grades 1 to 4; a one-time disability benefit; living care expenses; funeral compensation and stupidity grants; Dependent family pension; a one-time work-related death benefit; Labor ability appraisal fee for injured employees; Occupation ** fee; assistive device fees; Fees for determining the causal relationship between illness and work-related injury; Other expenses for work-related injury insurance as stipulated by laws and regulations.

If your doubts are solved, please praise and all the best!

The above is for reference only, not as the basis for the actual case processing, the specific situation is not clear online, do not ask, please entrust a local lawyer to deal with it, and handle the case without authorization at your own risk.

Only answer the local **, forgive the foreign parties, thank you.

It is given according to the level of work-related injury and disability level appraisal.

Workers' compensation calculations are as follows:

1. The amount of compensation for medical expenses is equal to the amount of diagnosis and treatment plus the amount of drugs plus the amount of hospitalization service fees;

2. The amount of compensation for transportation and accommodation expenses is equal to transportation expenses plus accommodation expenses plus food expenses;

3. The amount of compensation for assistive devices is equal to the reasonable cost of the applicable appliances of the ordinary Tanli Shed by the number of appliances;

4. Miscellaneous. Procedures for Filing Workers' Compensation Claims:

1. The parties concerned submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area and submit labor relationship certificates, medical diagnosis certificates and other materials;

2. After the social insurance administrative department accepts the application for work-related injury identification, it will investigate and verify the accident injury according to the review needs;

3. The social insurance administrative department makes a decision on the determination of work-related injury;

4. The social insurance administrative department shall send the "Decision on Determination of Work-related Injury" to the parties concerned and send a copy to the social insurance agency. 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 Control of Occupational Diseases, the unit to which he or she 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 area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

Legal basisArticle 30 of the Regulations of the People's Republic of China on Work-related Injury Insurance.

**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.

In the event of a work-related accident, the employer shall submit an application for work-related injury recognition within 30 days. If the employer fails to apply in accordance with the regulations, the injured employee or his close relatives may apply for work-related injury recognition within one year, and apply for the appraisal of working ability (disability level) 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 tour fee, salary during the period of suspension of work, transportation and accommodation expenses, disability assistive device expenses, living care expenses, one-time disability subsidy, one-time work-related injury medical subsidy, one-time disability employment subsidy, etc.

Legal basis: Article 10 of the Regulations on Work-related Injury Insurance The employer shall pay the insurance premium for work-related injuries on time. Individual employees do not pay work-related injury insurance premiums.

The amount of work-related injury insurance premiums paid by an employer is the product of the total wages of its employees multiplied by the employer's contribution rate. For industries that are difficult to pay work-related injury insurance premiums according to the total salary, the specific way of paying work-related injury insurance premiums shall be prescribed by the social insurance administrative department.

If it is a work-related injury and quietly injured lead, depending on how many levels of disability you have, if it is a severe disability, it is a certificate from the hospital and the corresponding diagnosis, after confirmation, there are certain provisions on work-related injury compensation, according to the proportion, the absolute slag unit pays 40%, then the insurance company pays 60%.

You can solve this work-related injury problem through the law, you had better get a work-related injury appraisal, get the work-related injury appraisal certificate to the court to sue your Yuanchun boss, hungry scum and your compensation will be more and more.

According to the Labor Dispute Mediation and Arbitration Law, work-related injury compensation falls within the scope of labor arbitration, and you can apply for labor arbitration to the labor arbitration court at the district and county level (located in the Human Resources and Social Security Bureau) where your employer is located.

Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of the Labor Sail Closure Contract;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Then you should go to the Social Labor and Social Security Bureau for consultation, I think you can understand!

Article 64 of the Regulations on Work-related Injury Insurance stipulates that the salary of the one-time disability allowance is calculated as the average monthly salary of the injured employee in the 12 months before he or she suffers from an accident or occupational disease.

If the labor contract is terminated upon expiration, or the employee himself proposes to terminate the labor 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 employment subsidy for injuries and disabilities, which shall prevail at the time of termination.