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I don't know that the standards in various regions of China are different, and my basis is the work-related injury treatment in Zhejiang Province.
1. Medical expenses include medicine, transportation, room and board, hospital meal subsidies, and nursing expenses.
2. Wages during the period of suspension of work. (No more than 12 months' salary, the number of days off counts as many days) 3. Disability compensation (estimated to be level 7) is about 13 months' salary.
4. 10 months' wages for a one-time medical subsidy and 10 months' wages for a one-time employment allowance add up to 20 months' wages (payable when the employee's contract expires or the employee himself terminates the labor contract).
That's probably what if you don't have workers' compensation insurance or commercial insurance, you're going to have to pay for all the costs. God bless you and hope you insure him, otherwise you will lose a lot.
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If you have applied for recognition of work-related injuries and identified the level of working ability, and the employer has not paid work-related injury insurance, then according to the situation, there should be a one-time disability subsidy, equivalent to 18 months' salary, which is paid from work-related injury insurance**, according to the level of disability, it should be to retain the labor relationship, quit the job, and pay disability allowance by work-related injury insurance** according to 75% of the original salary. The unit should pay the basic medical insurance based on the disability allowance, and after the employee reaches the retirement age, he or she shall go through the retirement procedures and enjoy the basic pension treatment.
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Generally, an application for work-related injury determination should be made to the local human resources and social security bureau first. The employer shall apply for work-related injury recognition within 30 days from the date of occurrence of the accident injury, and the injured employee shall directly apply for work-related injury recognition within one year from the date of occurrence of the accident injury. If it is determined to be a work-related injury, it can enjoy the corresponding work-related injury benefits in accordance with the law.
Article 30 of the Judgment and Omission of Work-related Injury Insurance.
Employees who are injured in accidents due to work or suffer from occupational diseases 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 work-related injury of the employee in the hospital, 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.
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Legal Analysis: The standard of work-related injury compensation in a private factory, with reference to Article 2 of the Regulations on Work-related Injury Insurance, belongs to an individual industrial and commercial household employed by employees, and it is regarded as an employee of the private unit and should pay work-related injury insurance premiums for the employees. In accordance with the standards stipulated in the Regulations on Work-related Injury Insurance, the cost of the injured employee's work-related injury insurance program shall be paid.
If a private enterprise does not pay work-related injury insurance to its employees in accordance with the regulations, the enterprise will have to bear all the costs when the risk occurs to the employees of the enterprise.
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) 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.
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 the law, and a work-related accident occurs, the employer shall search for a position to 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 13 of the Sixth Bureau of this Law.
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The compensation standards for injuries caused by employees in private factories are: 1. Medical expenses, hospital meal subsidies, transportation expenses for medical treatment in other places, and accommodation expenses; 2. **** fee, assistive device fee, living care fee; 3. Wages during the period of suspension of work; 4. One-time disability subsidy; 5. Disability allowance; 6. One-time disability employment subsidy and one-time work-related injury medical subsidy; 7. Funeral subsidy, pension for dependent relatives, and one-time work-related death subsidy.
1. The concept of work-related injury.
Work-related injuries are also known as work-related injuries and work-related injuries. Employees are injured in production or work. According to the provisions of the state, those who are injured while performing routine work and work temporarily assigned or agreed by the administrative side of the enterprise, engaging in work that is not designated by the administrative department of the enterprise but are beneficial to the enterprise in an emergency, and engaging in the work of inventing or improving technology are all work-related injuries.
2. Scope of determination of work-related injuries.
In 1996, the former Ministry of Labor of China promulgated the Trial Measures for Work-related Injury Insurance for Employees of Enterprises, which clearly stipulates the scope of work-related injuries. Where an employee is injured, disabled, or dies due to any of the following circumstances, it shall be found to be a work-related injury, and its scope is as follows:
1. Those who are engaged in the daily production or work of the unit or the work temporarily designated by the person in charge of the unit, and in case of emergency, engage in work that is directly related to the major interests of the unit even though they have not been designated by the person in charge of the unit.
2. Engaged in scientific experiments, inventions, and technological improvements related to the unit with the arrangement or consent of the person in charge of the unit.
3. Occupational diseases caused by exposure to occupational harmful factors in the production and working environment.
4. During the production working hours and the area, accidental injuries caused by unsafe factors, or death due to sudden illness due to work tension or total loss of labor after the first rescue**.
5. Personal injury caused by the performance of duties.
6. Engaging in rescue, disaster relief, rescue and other activities to safeguard the interests of the state, society and the public.
7. Disabled servicemen who have been disabled in the line of duty or because of the war have been injured after being reinstated and transferred to work in an enterprise.
8. During the period of going out on business, due to work reasons, the person suffers from a traffic accident or other accident caused by injury or disappearance, or dies due to sudden illness or loses labor force after the first rescue**.
9. An accident occurs during the commuting to and from work on other reasonable routes within a reasonable time is a work-related injury.
1) Commuting to and from work by a reasonable route between work and residence, habitual residence, or unit dormitory within a reasonable time;
2) Commuting to and from work within a reasonable time by a reasonable route between the place of work and the place of residence of the spouse, parents, or children;
3) Engage in activities that are necessary for daily work and life, and commute to and from work at a reasonable time and on a reasonable route;
4) Commuting to and from work on other reasonable routes within a reasonable time. 2 (Injuries on the way to and from work refer to traffic accidents that occur at a reasonable time and route, and for which the person is not primarily responsible.) )
10. Other circumstances stipulated by laws and regulations.
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