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At present, the standards of work-related injury nursing expenses stipulated in China are as follows:
1. Regulations on Work-related Injury Insurance Article 33 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 injury, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the unit to which he belongs 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.
2. Article 34 If an injured employee has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of life care, he or she shall be paid a monthly living care allowance from the work-related injury insurance.
The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.
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Hello, you're talking about the care fee of the escort, right? If you are accompanied by a nursing staff from the hospital, the actual cost is generally 30-50 yuan a day. If the family member is accompanying the child, the family member can also claim compensation for the loss of work caused by the child.
In addition, the general work-related injury appraisal is also accompanied by living care expenses, which are specifically stipulated as follows: 1. The unit shall be responsible for the expiration of the suspension period; 2. After the expiration of the period, the work-related injury insurance** will pay the living care expenses on a monthly basis. The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.
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According to Article 7 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, the compensation for lost time is determined on the basis of the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income.
If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed. Article 21 stipulates that nursing fees shall be determined on the basis of the income status of nursing staff, the number of nursing personnel, and the duration of nursing care. Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing.
Article 21 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 stipulates that nursing fees shall be determined on the basis of the income status of nursing personnel, the number of nursing personnel, and the duration of nursing care. Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; If the nursing staff has no income or hires nursing staff, it shall be calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing.
In principle, the number of nursing personnel is the same as one person, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference. The period of care shall be calculated until the victim regains the ability to take care of himself/herself. Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined based on factors such as his age and health condition, but not more than 20 years.
The level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the circumstances of the preparation of disability assistive devices.
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