The factory work related injury law stipulates the factory work related injury compensation standard

After the occurrence of a work-related accident, the employer shall actively take measures to ensure that the injured employee receives timely treatment, apply for work-related injury recognition as soon as possible, and cooperate with the injured person**, identification, appraisal and application for work-related injury insurance benefits.

According to the Regulations on Work-related Injury Insurance

Article 4 The employer shall publicize the relevant information on the participation in work-related injury insurance in the employer.

Employers and employees shall abide by the laws and regulations on work safety and the prevention and treatment of occupational diseases, implement safety and health regulations and standards, prevent the occurrence of work-related accidents, and avoid and reduce the hazards of occupational diseases.

When an employee suffers a work-related injury, the employer shall take measures to ensure that the injured employee receives timely treatment.

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.

Article 60 Where an employer, an injured employee or his close relatives fraudulently obtains work-related injury insurance benefits, or a medical institution or an assistive device dispensing institution fraudulently obtains work-related injury insurance expenditures, the social insurance administrative department shall order a refund and impose a fine of not less than 2 times but not more than 5 times the amount fraudulently obtained; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.

Article 62 Where an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the social insurance administrative department shall order it to participate within a time limit, pay the work-related injury insurance premiums that should be paid, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment shall be imposed.

If an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.

After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

The Regulations of the Ministry of Labor and Social Security on Work-related Injury Insurance are applicable to all enterprises and institutions regarding the resolution of work-related injuries.

Legal analysis: 1. If the medical expenses required for work-related injuries meet the standards of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization services, they shall be paid from work-related injury insurance**. If it is confirmed by the Labor Ability Appraisal Committee that it is necessary to install disability assistive devices, the required expenses shall be paid from the work-related injury insurance** in accordance with national regulations.

2. The food subsidy shall be paid by the unit according to 70% of the food subsidy standard for business trips of the unit.

3. If the living care expenses are confirmed by the Labor Ability Appraisal Committee to be nursing, they shall be paid by the work-related injury insurance**.

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 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 allowance and a monthly disability allowance for employees with disabilities 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.

Legal analysis: The latest regulation is the "Regulations on Work-related Injury Insurance", which provides for those who are injured in accidents during working hours and in the workplace due to work-related reasons; Violence or other accidental injuries during working hours and in the workplace as a result of the performance of work duties; Injured or unaccounted for in an accident while working outside the home; Injured on the way to work. According to Article 15 of the Regulations on Work-related Injury Insurance, the document is transferred:

Where an employee is injured in the course of emergency rescue and disaster relief or other activities to safeguard national or public interests, it shall be regarded as a work-related injury.

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 a work-related 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 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall be entitled to the benefits of work-related injury insurance in addition to the one-time disability allowance in accordance with the relevant provisions of these Regulations.

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.

If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit for sending a tomb, the injured employee, his close relatives or trade union organization may directly apply for recognition of work-related injury within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

Legal basis] Article 14 of the Regulations on Work-related Injury Insurance, if an employee has any of the following circumstances, it shall be recognized as 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 preparatory or finishing work related to the work of the Sparrow 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;

During the period when he was out for work, he was injured due to work reasons or his whereabouts were unknown in an accident;

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.

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If the worker is injured in an accident during working hours and in the workplace, the victim shall be given work-related injury insurance benefits even if the victim is liable. Although the principle of non-liability compensation distinguishes the responsibility and cause of work-related accidents and the granting of insurance benefits, it does not mean that the responsibility for the accident will not be investigated.

Conditions for the factory to punish the injured party.

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If the worker is injured in an accident during working hours and in the workplace, the victim shall be given work-related injury insurance benefits even if the victim is liable. Although the principle of non-liability compensation distinguishes the responsibility for work-related accidents from the causes of industrial accidents and the treatment of insurance knowledge, it does not mean that the responsibility for the accident will not be investigated.

Legal Analysis: Conditions for Determining Work-related Injuries: Constituting Work-related Injuries is limited to Accident Injuries Occurring During Working Hours, Constituting Work-related Injuries is Limited to Accident Injuries Occurring in the Workplace, Accident Injuries or Occupational Diseases Caused by Work-related Reasons, Constituting Work-related Injuries, Except for the Intentional Accident Injuries Caused by the Movers Themselves, Even if the Worker Is Negligent or Knowing, It Is Still Recognized as a Work-related Injury.

Workers must pay attention to keeping relevant information about occupational history and balance.

Legal basis: "Regulations of the People's Republic of China 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) he or she is injured in an accident during working hours and in the workplace due to work-related reasons, (2) he is injured in an accident while engaged in work-related preparatory or finishing work in the workplace before and after the time of the worker, (3) he is injured by an accident such as violence in the performance of his or her work duties during working hours and in the workplace, (4) he suffers from an occupational disease, and (5) During the period of going out for work, Li Zhi is injured or his whereabouts are unknown in an accident due to work reasons, and 6. On the way to and from work, he or she is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible.

Legal Analysis: The standards for work-related injury compensation in factories are as follows: (1) Treatment (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; (3) Transportation expenses, room and board expenses for medical treatment in other places.

4) **** fee. (5) Assistive device fees. (6) Wages for the period of suspension of work.

7) Living care expenses. Wait a minute.

Legal basis: "Regulations of the People's Republic of China 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 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 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. For non-work-related injuries caused by illnesses, work-related injuries are not entitled to work-related injury medical treatment, and the work-related injuries shall be handled in accordance with the basic medical insurance measures, and the expenses for work-related injuries shall be paid from the work-related injury insurance in accordance with the provisions of the medical institutions.