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The employer shall pay the wages and benefits on a monthly basis, but the maximum shall not exceed 12 months, and in rare cases, the nursing expenses shall be appraised by the relevant departments. It can be extended to a maximum of 12 months, and finally, if the appraisal department assesses the disability level, if the nursing expenses are still needed, the work-related injury insurance agency will pay according to the grade, divided into 3 levels: 50%, 40%, and 30%, based on the average monthly wage of the local society.
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If the employer needs to pay nursing care after medical advice, the employer needs to pay the nursing fee.
Regulations on Work-related Injury Insurance
Article 33 Where 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 injuries, 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.
The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.
If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.
If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
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There is a difference between the regular wage and the nursing care fee, which is for the injured person and the nursing care fee for the family member or employee.
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There will definitely be wages for work-related injuries, and nursing care is a matter of the company finding you a caregiver and your salary, and in the end, you have to negotiate compensation.
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If it has been determined that it is a work-related injury, then there should be everything, and the legal representative of the factory should understand.
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Some. Compensation for workers' compensation includes:
1) Treatment (medical) expenses.
2) Hospitalization meal subsidy.
3) Transportation, room and board expenses for medical treatment in other places.
4) **** fee.
5) Assistive devices fee early state orange.
6) Wages for the period of suspension of work.
7) Living care expenses.
8) One-time disability allowance.
9) Disability allowance. Traces.
The specific amount of land regiment needs to be determined according to the actual situation.
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Legal Analysis: Yes, the scope of workers' compensation includes nursing expenses.
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) When the labor contract is terminated or dissolved, the one-time medical subsidy shall be enjoyed;
8) In the case of a death due to work, the funeral allowance, the pension for supporting relatives and the subsidy for death due to work 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**. Rock ridges.
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.
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Legal analysis: Nursing expenses during work-related injuries are not only available when you are hospitalized, but you can also ask for nursing expenses during the period of being outside. Compensation standard for nursing expenses for hospitalization during work-related injury:
If the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, the living care expenses shall be paid on a monthly basis from the work-related injury insurance**. The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or some of the filial piety of living are not able to take care of themselves, and the standards are respectively % or 30% of the average monthly salary of potato workers in the overall planning area in the previous year.
Legal basis: Article 34 of the Regulations on Work-related Injury Insurance If an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of living care, he or she shall pay the living care expenses from the work-related injury insurance ** on a monthly basis. The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.
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Yes, there is a nursing fee for work-related injuries.
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Work-related injury care depends on the situation, and not all of them are cared for.
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There is no need for fierce potatoes, as long as it proves that nursing care is needed, it is paid according to the proportion of salary, and no invoice is required. The law stipulates that the disability allowance, pension for dependent relatives, and living care expenses shall be adjusted in a timely manner by the social insurance administrative department of the area where the employees are co-ordinated in accordance with the changes in the average salary and living expenses of employees. The adjustment measures shall be formulated by the people of provinces, autonomous regions, and municipalities directly under the Central Government.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation CasesArticle 21? The nursing fee is determined based on the income status of the nursing staff, the number of nursing staff, and the duration of nursing care.
Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference. The period of care shall be calculated until the victim regains the ability to take care of himself/herself.
Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not more than 20 years. The level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the preparation of disability assistive devices.
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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.