Compensation standards for accidental injuries sustained during construction

Hello! This situation involves the standard of work-related injury and the standard of compensation for personal injury. The method and amount of compensation vary depending on the standard. Among them, work-related injury compensation and personal injury compensation are different according to different levels of disability, and the specific amount of compensation is also different.

Work-related injuries generally include the following compensation items: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc.

Personal injury work-related injuries generally include the following compensation items: medical expenses, lost work expenses, hospital meal allowances, nursing expenses, living allowances for the disabled, expenses for disability appliances, funeral expenses, death compensation, living expenses for dependents, transportation expenses, accommodation expenses and direct property losses.

Specifically, how to get compensation quickly and conveniently in accordance with the law, it is recommended to entrust a professional to deal with it.

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Hello, first of all, you need to clarify the following questions: Have you signed a labor contract with the employer? Is there a disability level assessment at present? Where is your household register?

If you need specific advice, it is recommended that you bring the materials to a lawyer for consultation.

The compensation standards for construction accidents are as follows:

1. The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

2. The pension for dependent relatives shall be paid to the relatives who are unable to work and provide the main living expenses of the employees who died on the job according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died on the job;

3. The standard of one-time work-related death subsidy is the average monthly wage of employees in the overall area of 48 months to 60 months in the previous year.

The scope of work-related injuries includes:

1. Being injured in an accident during working hours and in the workplace due to work reasons;

2. Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3. Injured by violence or other accidents during the work hall and in the workplace due to the performance of work duties;

4. Suffering from occupational diseases;

5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6. Being injured in a motor vehicle accident on the way to and from work;

7. Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed;

8. Suffering harm in emergency rescue and disaster relief and other activities to safeguard national interests or public interests;

9. Employees who originally served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer. However, generally the following situations are not work-related injuries, such as: crimes or violations of public security management; Drunkenness leads to **; Self-harm or suicide.

Legal basisArticle 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Summary. Hello, I am happy to answer for you, the compensation standard for accidental injuries on the construction site; Hello, the specific compensation standard should be determined according to the actual loss of the victim, including medical expenses, living expenses, disability compensation, funeral expenses, etc. According to the Regulations on Work-related Injury Insurance, if a worker's injury occurs during working hours and in the workplace, the employer shall be liable for work-related injury insurance.

Depending on the severity of the work-related injury, workers may receive certain amounts of medical compensation and workers' compensation. In addition, if the actions of the defendant such as the construction party cause serious consequences to the victim, they will generally face criminal liability.

Hello, I am happy to answer for you, the compensation standard for accidental injuries on the construction site; Hello, the specific compensation standard should be determined according to the actual loss of the victim, including medical expenses, living expenses, disability compensation, funeral expenses, etc. According to the Regulations on Work-related Injury Insurance, if a worker's injury occurs during working hours and in the workplace, the employer shall be liable for work-related injury insurance. Depending on the severity of the work-related injury, workers may receive certain amounts of medical compensation and workers' compensation.

In addition, if the construction party and other defendants cause serious consequences to the victim, they will generally face criminal liability and repentance.

Extended supplement: The specific details of the compensation standard for accidental injuries on the construction site need to be determined in accordance with local regulations and the personal injury compensation standard of Dangliang Changdi. For example, in some areas, in order to improve the safety awareness and sense of responsibility of the construction party and the employer, the bench scale also provides additional punitive damages to achieve the effect of warning.

In addition, for the prevention and management of accidental injuries on the construction site, a series of regulations and standards will also be formulated, such as the "Regulations on the Administration of Construction Work Safety", etc., to compel construction parties and employers to implement safety production measures to prevent and avoid the occurrence of industrial accidents. <>

Hope it helps.

You can tell me more about the situation.

On the way to get off work at the construction site, he was hit by a crane while walking, and his right shoulder was fractured.

He just turned 60 in June 2022.

Understand that the medical expenses are now paid by the construction site.

Be. The person is from Shandong, and the accident site is in Beijing.

Do you have a labor contract?

No. Migrant workers.

You're a Grade 9 work-related injury.

How much is his own salary a month.

Is it time to be discharged from the hospital, and I have to go for a work-related injury evaluation.

The specific compensation depends on the specific salary situation, and there are some other expenses.

What is the attitude on the construction site, and is there any positive compensation?

Compensation standards for accidental injuries on the construction site: 1. Medical expenses, including medical and hospitalization expenses; 2. Lost work expenses; 3. Nursing expenses; 4. Transportation expenses; 5. Accommodation fee; 6. Hospitalization meal expenses; 7. Nutrition expenses; 8. Disability compensation; 9. Funeral expenses; 10. Living expenses of dependents; 11. One-time disability subsidy. If an injured employee has a disability to take care of himself or herself in the early stage of hospitalization, the unit to which he or she belongs is responsible for nursing.

The law stipulates that employees who are injured in accidents or suffer from occupational diseases due to work 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 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, and the specific standard of payment shall be stipulated by the people of the co-ordination area. Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures. If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

Legal basisArticle 30 of the Regulations on Work-related Injury Insurance Employees who are injured in accidents or suffer from occupational diseases due to work 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 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, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures. If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.