What compensation is available for work related injuries

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. The compensation standards are different from province to province. Depending on the level of disability, the compensation received is not the same. The main compensation is:

Medical expenses, one-time disability allowance, one-time disability employment subsidy, one-time medical subsidy for work-related injuries, wages during the period of leave of absence, food allowance, nursing expenses, etc.

4. If the employee does not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a determination of work-related injury, he or she may first apply for labor arbitration to confirm the existence of an employment relationship with the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

According to Article 14 of Chapter 3 of the Regulations on Work-related Injury Insurance: (3) If a person is injured by violence or other accidents during working hours and in the workplace due to the performance of work duties, it shall be recognized as a work-related injury. Where people are intentionally injured, the public security organs should be requested to issue relevant supporting materials.

Injuries sustained at work need to be identified as work-related injuries first, and if they are work-related injuries, the worker can receive compensation. Airback.

According to the 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) Engaging in work-related preparatory or finishing work in the workplace before or after working hours and being injured or injured by an accident;

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.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

**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 food subsidy for the hospitalization of the employee and the work-related injury, as well as the transportation 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.

Article 14 of the Regulations on Work-related Injury Insurance provides that an employee shall be deemed to have suffered a work-related injury if he or she has 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.

Where a person suffers personal injury due to a work-related accident and claims work-related injury compensation, the work-related injury compensation procedure shall be followed; If the worker or his close relatives (directly) file a lawsuit with the people's court requesting the employer to bear civil liability for compensation, they shall be informed to handle it in accordance with the provisions of the Regulations on Work-related Injury Insurance (pre-labor arbitration procedure).

If the employee's personal injury is caused by the infringement of a third party other than the employer: the person entitled to compensation may directly file a lawsuit with the people's court to request the third party to bear the civil liability for damages.

If the personal injury of the worker is caused by the infringement of a third party other than the employer, which constitutes a work-related injury, the worker is not only an injured employee in the work-related accident, but also a victim of the tort, and the worker is entitled to both work-related injury insurance compensation and personal tort compensation; Both the employer and the infringer shall bear their respective liability for compensation in accordance with the law, i.e., the employee has already received compensation from one of the parties in advance, and the liability of the other party cannot be exempted or reduced. Paragraph 2 of Article 12 of the Interpretation on Compensation for Personal Injuries provides that "infringement by a third party other than the employer" does not stipulate that "infringement by a third party other than the employer and its employees" is not stipulated. The judicial interpretation only excludes the infringement of the legal person of the employer from the scope of infringement by a third party; Infringement by other legal persons and organizations, as well as infringement by natural persons (including infringement by employees of the employer), fall within the scope of "third-party infringement".

infringement by legal persons and other organizations (but infringement by legal persons of the employer is excluded);

Infringement by natural persons (including infringement by employees of the employer).

Special note: If an employee of an employer who is required to participate in the overall planning of work-related injury insurance in accordance with the law suffers personal injury during the work search, if it does not constitute a work-related injury and does not constitute a third-party tort, he will not be able to obtain compensation.

If it is determined to be a work-related injury, it can be claimed for work-related injury compensation, and if it cannot be recognized as a work-related injury, it can be compensated according to the general personal injury. Work-related injury refers to the sudden accidental injury of body tissues caused by the direct action of external factors in the process of production and labor, such as ** and its acute chemical poisoning caused by occupational accidents.

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) During working hours and in the workplace, lead monitoring is injured due to work;

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; Answer: Difference in excitation.

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.

Hello, injuries at work are all work-related injuries (regardless of whether they operate in violation of regulations), the salary is fully opened, and the company also has to pay work-related injury compensation.

Compensation can be made if the conditions for work-related injuries are met.

In any of the following circumstances, it shall be found to be a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work 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) Accidental injuries such as violence in the workplace during work or in the workplace due to the performance of work duties.

4) Suffering from occupational diseases.

5) Injured due to work reasons or the whereabouts of an accident are unknown during the period when the non-worker group leaves the car early.

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.

Of course, you can get compensation for injuries injured during work, first of all, you can apply for compensation for injuries during work, first of all, you must apply for work-related injury identification, and it is best to have witnesses to prove that you have a source file or camera to record the accident, so that you can apply better and quickly.

Legal analysis: If it is determined that it is a work-related injury, it can be claimed for work-related injury compensation, and if it cannot be recognized as a work-related injury, it can be compensated according to general personal injury. Work-related injury refers to the sudden injury of the body tissue caused by the direct action of external factors in the process of production and labor, such as the acute chemical poisoning caused by occupational accidents.

Legal basis: Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury if he or she has 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 in which laws and administrative regulations shall be recognized as work-related injuries.

Legal Analysis: Yes, Determination of Work-related Injuries:

1) 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) During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6) Being injured in a motor vehicle accident on the way to and from work;

7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

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. 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.

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**.