How to compensate for the medical expenses of the employee s injury

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

According to Article 18 of the Regulations on Work-related Injury Insurance, if an employee causes injury in the course of employment activities, the employer shall be liable for compensation; If an employee intentionally or grossly negligently causes damages, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.

If an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

Accordingly, if A is intentional or grossly negligent, he may be able to recover from him. Other faults may be dealt with in accordance with the internal rules of the enterprise.

Unreasonable, unless the current hospital issues a transfer certificate, you don't have to bear the additional costs.

We hired a worker who was injured while building a scaffold, and we have to pay for the medical expenses.

If it is not his willful or gross negligence, you will need to bear the full cost.

In addition, their family members request to be stationed in the provincial hospital, is it reasonable for them to ask for the hospital, and do we also need to bear all the expenses incurred under such a request?

I'm afraid you'll have to bear the full cost of this, because it's not unreasonable.

I don't know what kind of situation you are talking about injured? If it's before July 1, then it's true that your unit should be fully responsible. But if it's after July 1, then it's necessary to divide the responsibility according to fault.

These include whether the worker himself is at fault, whether the employer is at fault, such as not having the necessary protective measures, etc.

Legal Analysis: If the employee's injury is caused by a third party, the third party is responsible and can claim compensation from the employer. The scope of compensation is analysed on a case-by-case basis.

Legal basis: Civil Code of the People's Republic of China

Article 1192:Where a labor service relationship is formed between individuals, and the party providing the service causes harm to others as a result of the service, the party receiving the service bears tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence. If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties.

During the period of providing labor services, if the act of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving labor services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.

If the employment relationship is trapped and injured, if the employee himself is injured, he or she can claim compensation from the employer for compensation for the employee's personal or material damages; If the employee causes damage to others, the injured person may seek joint and several liability from the employee and the employer.

Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation for the shed, or may request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

Legal analysis: If the employee is at fault, he shall bear the corresponding liability of Brother Kaichang according to the responsibilities of both parties; If the employee is not at fault, the employer is liable in full. Lost time pay is based on the average wage of the injured person in the year preceding the injury.

According to the law: 1. If an employee is injured in the course of engaging in the affairs specified by the employee, the employer shall compensate the employer in full, but the expenses for mental damage shall not be supported; 2. The compensation for lost time shall be paid to the average salary of the injured person in the year before the injury until the end of the year; The loss of three fingers and palms constitutes a physical disability, and disability compensation shall be paid after the disability is evaluated; 3. Poor family conditions do not constitute a legal exemption, but if there are facts, of course they can be resolved through negotiation with the injured party.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.