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What about lost time pay? It is possible to negotiate first, and not to file a complaint with the labor inspection department.
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After the work-related injury appraisal is issued, it should be unreasonable for the employer to compensate for the medical expenses, and you can only protect your legal rights by going to the labor department for arbitration.
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In addition to medical expenses, nursing expenses, wages during the period of work-related injury, and other work-related related expenses, compensation corresponding to the level of disability shall also be paid.
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If it has been recognized as a work-related injury, compensation must be made according to the work-related injury standard.
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The work-related injury appraisal is down, the unit will compensate for the medical expenses, which is not unreasonable, the work-related injury appraisal is several levels, you can negotiate with the company, and if the negotiation fails, you can go to the labor arbitration department for consultation.
If an employee is injured in an accident or suffers from an occupational disease due to 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.
Article 41] If an employee's employer fails to pay work-related injury insurance premiums in accordance with the 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.
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The disability allowance is paid by work-related injury insurance, and if the employer does not pay it, then the employer needs to bear it according to the same standard. The specific criteria need to be based on the level of disability. Search for "workers' compensation standards" on the list.
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The work-related injury certificate is down! Is it reasonable for the employer to pay for the medical expenses? It is reasonable to say that it is unreasonable, but now it is a reasonable legal society, and it may be affected if the process you go through does not meet the standard.
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The expenses incurred during the hospitalization period for work-related injuries and the medical benefits for work-related injuries are calculated separately.
The cost of the employee's work-related injury can be settled after the work-related injury is identified, and the one-time work-related injury medical subsidy is paid after the labor ability appraisal and the employee dissolves or terminates the labor relationship.
Not all together.
The medical expenses for work-related injuries are fully reimbursed, in addition to the nutrition expenses that should also be borne by the enterprise (equivalent to 70% of the company's employee travel allowance standard).
The specific amount of compensation can not be determined until the disability level is assessed after the medical treatment is completed. The scope of incapacity for work is too broad to be used as a basis for assessing the level of disability.
The work-related injury insurance benefits of work-related injuries shall be paid separately by the work-related injury insurance** and the employer in accordance with the regulations, and those paid by the work-related injury insurance** shall be paid by the employer, which is stipulated in the Fengying Social Insurance Law.
Social Insurance Act
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; Chi Ji Chong.
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 code annihilation 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.
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Whether the unit wants to pay the medical expenses in full should be analyzed according to the specific situation.
1. If the unit has paid the work-related injury insurance for the injured employee, the work-related injury medical expenses paid by the work-related injury insurance shall be paid by the work-related injury insurance, and the unit shall not be liable for compensation.
2. If the work-related injury insurance is not paid, according to the second paragraph of Article 62 of the Regulations on Work-related Injury Insurance, the employer shall pay all the work-related injury benefits (including compensation for work-related injury medical expenses). Article 30 of the "Regulations on Work-related Injury Insurance" stipulates that employees who are injured in an accident or suffer from an occupational disease due to work at an early stage 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**. Article 62 Where an employer is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but fails to do so, 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.
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Summary. Dear, hello, the factory only compensates for medical expenses and lost work expenses, and can also identify work-related injuries. If an employee suffers a personal injury due to work reasons within the time and place of work, he or she may apply for a work-related injury determination, but it should be noted that the legal procedures must be complied with in a timely manner when the work-related injury is determined.
<> factory only compensates for medical expenses and lost work expenses, can it still be identified for work-related injuries?
Dear, hello, the factory only compensates for medical expenses and lost work expenses, and can also identify work-related injuries. If a worker suffers personal injury due to work reasons within the time and place of work, he or she can apply for a work-related injury determination, but it should be noted that when the work-related injury is determined, it must be timely and in accordance with the legal procedures. <>
<> dear, have you signed an agreement with your employer for workers' compensation compensation?
Dear, the legal basis for you: Article 14 of the Regulations on Work-related Injury Insurance states that an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances: 1
Injured in an accident during working hours and in the workplace due to work-related reasons; 2.Injured in an accident while engaged 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.On the way to and from work, being injured in a traffic accident for which he or she is not primarily responsible, or in an accident involving urban rail transit, passenger ferry, or Huoshoutwang's car; 7.
Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. <>
<> did not sign any agreement.
They don't want to go out of the way to get injured at work.
My wife was bruised by a colleague during working hours and suffered two fractures.
The factory said that they would pay a one-time compensation for medical expenses and lost work expenses after waiting for **.
They don't report the work-related injury and the compensation is too small, so I can report the work-related injury appraisal myself.
Dear, you can identify your own work-related injury, and the factory will pay insurance for your lover.
Your lover was injured by a colleague during working hours and suffered two fractures, does Xun Songxun only have medical expenses and lost work expenses paid by the factory? Have you negotiated with your lover's colleagues about compensation for Sakura?
There is no social insurance. Good.
Dear, do you need me to help you sort out the information and process of how to apply for disability identification?
Dear, are you still there, which two fractures of your lover are, can help you look at the approximate disability level, and help you calculate the approximate amount of compensation from the other party<>
Dear, your lover's colleague caused your lover's injury during working hours, and your lover's colleague is the main liability, followed by part of the compensation in the factory. <>
Have you negotiated compensation with your loved one's colleagues?
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The reimbursement process for medical expenses after the determination of work-related injury is as follows:
1. Within 24 hours of the occurrence of a work-related injury, a work-related injury report form should be submitted to the social insurance agency;
2. The work-related injury unit shall submit an application for work-related injury recognition to the Labor Department within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease, and the employer fails to submit the application for work-related injury recognition within the prescribed time limit, and the work-related injury treatment and other related expenses that meet the provisions of the work-related injury insurance regulations shall be borne by the unit that uses the source of work;
3. Materials required for work-related injury insurance reimbursement:
1) Determination of work-related injury;
2) Original invoice (signed by the applicant);
3) Breakdown of expenses;
4) Inpatient medical records;
5) Original and photocopy of outpatient medical records;
6) Approval form for work-related injury benefits;
7) If the injured employee gives up the disability level appraisal;
8) You need to write a statement of waiver of disability level appraisal in person.
Legal basis]: Article 39 of the Regulations on Work-related Injury Insurance.
If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions:
1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;
2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.
The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department;
3) The standard of one-time work-related death allowance shall be 20 times the per capita disposable income of urban residents in the previous year.
Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article.
Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.
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Work-related injury insurance benefits include work-related injury benefits and medical expenses.
When you go to the work-related injury treatment window to apply for reimbursement of medical expenses, you must bring all the original hospitalization summary of all the medical expenses, outpatient invoices, case invoices, and hospitalization invoices, whether they are paid in advance by the unit or paid by yourself. When reimbursement, it is in accordance with the drug diagnosis and treatment catalogue to verify which details can be reported and not reported, and finally get the reimbursable and non-reimbursable part of the total cost, the medical expenses are uniformly paid to the unit, and then the medical expenses are paid by themselves and which units pay, and how do you and the unit calculate the reimbursement money.
The part of the medical expenses that cannot be reimbursed is paid by the unit or paid by yourself, which is not described in the relevant regulations on work-related injury insurance, and some units may be reimbursed for you if they are well treated, and some units can only bear their own responsibility if they are not treated well, or if the unit has bought other commercial insurance, you can find commercial insurance for reimbursement.
In addition, the food expenses calculated according to the number of days of hospitalization are also paid to employees.
If there is a labor ability appraisal level, the employee also has a one-time disability subsidy, which is also for the employee.
If you wait for the appraisal results to come out and then bring the information to the Social Security Bureau to apply for benefits, there will also be a sub-project to calculate the benefits for you, of course, there will be a total amount of benefits, but some fees are fixed to the unit.
Some of the medical expenses after the occurrence of work-related injuries are paid by all units, and some are paid by all employees in advance (in this case, if the employee asks for reimbursement of medical expenses to himself, then he must issue relevant instructions), and some are paid by the employee and the unit together, which invoice gives the money, and which can be reimbursed on the invoice and cannot be reimbursed, this is too detailed and annoying, and there is no way and no time to give you a subdivision, so it is a unified call to the unit, and then you and the unit share it yourself.
Of course, the standards vary from place to place, so you still need to ask your local social security bureau.
When an employee applies for a labor ability appraisal, he or she must provide a work-related injury certificate, that is, he or she has obtained the labor ability appraisal, then it must be a work-related injury. In addition, it has applied for a work-related injury determination and issued a work-related injury certificate. The work-related injury certificate is issued by the labor department to the unit and the party, and both parties have one copy. >>>More
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