Is a work related injury and fracture considered a work related injury? How are work related injury

First of all, it is necessary to determine whether it falls within the scope of work-related injuries. 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) 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.

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 enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

Secondly, if it is a work-related injury, the workers' compensation items are as follows.

1) Treatment (medical) expenses.

2) Hospitalization meal subsidy.

3) Transportation, room and board expenses for medical treatment in other places.

4) **** fee.

5) Assistive device fee.

6) Wages for the period of suspension of work.

7) Living care expenses.

8) One-time disability allowance.

9) Disability allowance.

10) One-time disability employment subsidy and one-time medical subsidy for work-related injuries.

11) Funeral grants.

12) Pension for dependent relatives.

13) One-time work-related death allowance.

The specific calculation should be combined with the disability.

For work-related injuries and fractures, the following work-related injury insurance benefits are received according to the level of work-related injury: one-time disability allowance and disability allowance; Transportation, accommodation and transportation expenses for medical treatment outside the co-ordination area; the cost of installing and configuring disability assistive devices; Medical expenses and expenses for work-related injuries; A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; Labor ability appraisal fee; Other.

[The law is based on the slippery big chain].Article 38 of the Social Insurance Law of the People's Republic of China.

The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries;

2) Imitation of hospital meal subsidies;

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 the first to fourth grade disability workers;

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.

Analysis of the legal Qiaoliang calendar:

The wage calculation standard during the work-related injury period is: the original salary and benefits remain unchanged and are paid by the employer on a monthly basis.

Legal basis: Regulations on Work-related Injury Insurance Article 33 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 injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit according to the monthly filial piety.