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Work-related injury compensation must go through three necessary stages: work-related injury identification, labor ability appraisal, and labor arbitration. Many migrant workers do not have labor contracts, work permits and other certificates, and often need to be recognized as labor relations. Medical expenses 1 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.
2 ** 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 list, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. 3. Injured employees** who are not injured at work shall not enjoy the medical treatment of work-related injuries and shall be dealt with in accordance with the basic medical insurance measures. 4. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation 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** upon the certificate issued by the medical institution and approved by the handling agency, and the specific standard of payment shall be stipulated by the people of the co-ordination area**.
4] Lost time pay (treatment during the period of suspension of work)1 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 original unit on a monthly basis. 2. The period of leave without pay is generally not more than 12 months. If the injury is serious or 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.
3. If the injured employee still needs to be ** after the expiration of the suspension period, he or she shall continue to enjoy the medical treatment of the work-related injury. Nursing expenses1 If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work, the employer shall be responsible for it. 2. If the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of living care, the living care fee shall be paid on a monthly basis 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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Legal analysis: The unit shall directly apply for work-related injury determination 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. An application form for determination of work-related injury shall be completed and submitted.
Legal basis: Social Insurance Law of the People's Republic of China
Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits, and if he loses his or her ability to work after the appraisal of his or her ability to work, he shall enjoy disability benefits.
The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.
Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:
1) Intentional crimes, (2) drunkenness or drug abuse, (3) self-harm or suicide, and (4) other circumstances provided for by laws and administrative regulations.
The applicant shall submit an application to the labor ability appraisal committee of the city divided into districts where the work-related injury occurs. The labor ability appraisal committee at the districted city level is responsible for the initial appraisal and review appraisal of the labor ability within its jurisdiction. The Provincial Labor Ability Appraisal Committee is responsible for the re-appraisal of the initial appraisal or the re-appraisal conclusion submitted by dissatisfaction. >>>More
Hello, you can eat, the forensic doctor just carefully understands the record based on the case** and your own trauma, you don't need to do a laboratory test, you can eat.
Employees can use their ID cards and the hospital's medical card to make copies of medical information at the hospital. At the same time, they can apply for work-related injury determination on their own, and if there is a dispute during the period, they can apply for labor arbitration to protect their rights. >>>More
The one-time medical subsidy and the one-time disability employment subsidy are subject to the termination of the employment relationship or the termination of the employment relationship.
No, the nature of the disability level appraisal and the personal injury grade appraisal are different, and the appraisal standards are also different. The disability appraisal committee is composed of the labor department and the medical department to identify the disability caused by the work-related injury. The identification of personal injury level is composed of public security organs and forensic doctors, and is used to identify personal injuries caused by infringement, traffic accidents, etc. >>>More