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1. As long as it is recognized as a work-related injury, the injured employee can enjoy work-related injury benefits. If there is no disability level, then there is just no one-time benefit. The employee's expenses during the period of ** expenses are paid by the work-related injury insurance**, and the employee's salary is paid by the unit on a monthly basis.
2. According to the Social Insurance Law
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;
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;
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If there is no disability assessment, the unit does not need to pay any fees.
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Work-related injuries are not assigned a disability grade, but are only entitled to work-related injury medical treatment and a period of suspension with pay.
If the work-related injury appraisal does not assess the level of disability, it does not affect the ability to work, and there is no medical dependence and self-care obstacles, but only enjoys the benefits of work-related injury medical treatment and the period of suspension of work.
1. Medical treatment for work-related injuries.
1. If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug catalog, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**;
2. The work-related injury insurance** shall pay the hospital meal subsidy according to the standards stipulated by the province and city;
3. The work-related injury insurance** shall pay the labor ability appraisal fee according to the facts.
2. Suspension of work with pay.
1. During the period of cessation of work, the wages and benefits of the injured employee shall remain unchanged during the normal working period before the accident injury, and shall be paid by the unit on a monthly basis;
2. If the injured employee has a self-care obstacle in the early stage of hospitalization, the unit shall be responsible for the nursing.
If the employer does not participate in work-related injury insurance, all expenses shall be borne by the employer.
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If it affects the work, it should be accompanied.
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If a worker suffers a work-related injury and does not constitute a disability level, he can also claim compensation, and the compensation standard is:
Medical expenses are paid by work-related injury insurance**, which is determined according to the invoice of the medical institution; Food allowance (on premise of hospitalization); Determined according to local standards. The employer shall pay the wages for the period of suspension of work, during which the wages shall be paid according to the original wages and benefits, which refer to the average wages in the 12 months prior to the injury. Nursing expenses during hospitalization (in case of hospitalization); Determined according to local standards.
If the employer fails to pay the work-related injury insurance in accordance with the law, the employer shall pay all the work-related injury insurance.
Article 62 of the Regulations on Work-related Injury Insurance 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.
Article 30 of the Social Insurance Law The following expenses incurred due to work-related injuries shall be paid from the 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.
Based on the above, if the level of disability is not reached after the determination of work-related injury, then it is also possible to claim corresponding compensation, and the standard of compensation will be reasonably calculated according to the actual injury of the employee and the salary during the working period, as long as the interests of the employee are not damaged, then it is legal.
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1. If there is no disability level for work-related injuries, then you can enjoy the treatment according to the "Regulations on Work-related Injury Insurance", including ** fee, hospital meal subsidy, transportation fee for medical treatment in other places, accommodation fee, **** fee, etc.
2. According to the provisions of the "Regulations on Work-related Injury Insurance", the items and standards of work-related injury insurance benefits 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; If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the food subsidy standard of the unit for business trips.
3) Transportation, accommodation and food expenses for medical treatment in other places. If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes.
4) **** fee. The expenses incurred by the injured employee to the medical institution that has signed the service agreement shall be paid from the work-related injury insurance if they meet the provisions of the third paragraph of this article in the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the work-related injury insurance hospitalization service standards.
5) Assistive device fee. Due to the needs of daily life or employment, the injured employee can be fitted with prostheses, orthoses, artificial eyes, dentures and wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards stipulated by the state.
6) Wages during the period of suspension of work. 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.
vii) Living care expenses. 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. 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**.
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For work-related injuries that do not constitute a disability level, the items that need to be compensated include medical expenses, hospital meal allowance (in case of hospitalization), nursing expenses, and wages for the period of suspension of work.
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The main building is to figure out two concepts, that is, the level of work-related injury and the level of disability, work-related injury refers to the injury of employees in production labor or work. Disability is a system of assigning the level of disability to a person who is disabled for any reason. It mainly includes the scientific identification of disability and disability level.
Therefore, if there is a grade, a one-time disability subsidy will be given according to the grade, and if there is no grade, then there will be no disability allowance.
As for work-related injury compensation, if social security is paid, part of the social security is paid, and some are still paid by the employer, such as the salary during the period, if the social security is not paid, then all of them are borne by the employer.
As for what treatment should be enjoyed for work-related injuries, or what compensation the landlord said, this other netizen has already said it very clearly, and I will not repeat it here.
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Legal Analysis: It depends on the specific situation. The compensation standard for work-related injury finger fractures needs to apply for work-related injury identification, conduct labor ability appraisal, and determine the level of disability before the compensation standard can be determined.
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 employee shall be entitled to a one-time early medical subsidy;
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) When the labor contract is terminated or dissolved, the one-time disability subsidy shall be enjoyed.
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.
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