If the workers compensation is hospitalized in the city for one month, will the transportation expe

Work-related injury hospitalization, need to care, work-related injury insurance regulations only stipulate that the employer to solve, the specific standards and methods are not stipulated, the unit to send people to care, do not give nursing fees, the unit can not send people, the unit agrees, can also be family care, generally speaking, is in accordance with the local minimum wage standard payment, work-related injury insurance regulations do not stipulate transportation expenses, generally by the unit to give a proper solution, the above matters, are negotiable with the unit, not absolute.

Transportation expenses are recognized, and nursing expenses are determined according to the income status of the nursing staff, the number of nursing staff, and the duration of nursing care.

Transportation expenses are calculated based on the actual expenses incurred by the parties and necessary escorts for medical treatment or transfer**.

According to the Regulations on Work-related Injury Insurance, transportation expenses in the city should not be reimbursed. The scope of reimbursement is the approved transportation expenses for medical treatment outside the province.

Nursing fee, if the unit sends an escort, you do not need to pay the escort fee. If there is no such thing, the family members are required to accompany them, and the price of the escort is negotiated with the laborer, according to the agreement. If there is really no standard, you can issue a salary certificate of the escort's work unit as a standard, and ask the hospital to issue a certificate to prove that the escort is really needed and that the escort has fulfilled the escort obligation.

If the escort is unemployed and cannot issue a certificate, the average wage of the domestic service industry in the traffic accident regulations can also be used. Of course, this needs to be analyzed on a case-by-case basis.

Legal analysis: The nursing expenses during the hospitalization period of work-related injuries shall be borne by the employer. If an injured employee has a disability to take care of himself during the period of suspension with pay and needs to take care of himself, the employer shall be responsible for the care, and the employer may send someone to take care of the employee, or it can ask someone to take care of it, or it can pay the nursing fee for the work-related injury employee to ask someone to take care of it.

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 identified, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work 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 burial of crimes;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.

Depending on the severity of the work-related injury, the company needs to bear the cost of 1-2 companions.

According to 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 21 stipulates that nursing fees shall be determined according to 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. 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 a low disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not to exceed 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 preparation of disability assistive devices.

Calculation formula. 1. Nursing staff have income:

Nursing care fee = lost time pay.

2. The nursing staff has no income

Nursing fee = local nursing staff remuneration standard for the same level x number of nursing days (up to 20 years) x number of nursing staff (in principle, 1 person, if the medical institution or appraisal agency has a clear opinion, the number of nursing staff can be determined by reference).

Legal analysis: 1. Food allowance for injured employees during hospitalization:

1. The unit shall pay the inpatient meal subsidy according to 70% of the food subsidy standard for business trips of the old cavity unit.

2. After the certificate issued by the medical institution and the approval of the handling agency, if the injured employee seeks medical treatment outside the overall planning area, the required transportation, accommodation and accommodation expenses shall be reimbursed by the unit in accordance with the standard of the business trip of the employee of the unit.

2. About the standard of work-related injury nursing expenses:

The amount of nursing care is determined by the income status of the nursing staff, the number of nursing personnel, the duration of nursing care, the level of nursing and other factors.

Legal basis: Regulations on Work-related Injury Insurance

Article 30 Due to the needs of daily life or employment, an injured worker may be fitted with prostheses, orthoses, prosthetic eyes, dentures, wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards prescribed by the State.

Article 31 Where 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 injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer 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.

Article 32 Where an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of daily care, the living care expenses shall be paid monthly 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.

The formula for calculating the amount of compensation for escort expenses:

Compensation amount of escort expenses = number of days of escort, number of escorts, average annual salary of employees in the previous year where the medical accident occurred.

If a patient needs to be accompanied by a special person during hospitalization, it shall be calculated according to the average annual salary of the employee in the previous year at the place where the medical accident occurred. The calculation period of the escort fee is limited to the period of hospitalization of the patient after the medical accident, and is calculated on a daily basis based on the average annual salary of the employee in the place where the accident occurred in the previous year.

If a patient needs to be accompanied by a special person during hospitalization, it shall be calculated according to the average annual salary of the employee in the previous year at the place where the medical accident occurred. With the approval of the hospital, it shall be limited to the salary rate of the local general temporary worker. With regard to the cost of this compensation, it should be noted that:

1. The premise of the accompanying fee is that the patient really needs to be accompanied by a special person, such as the patient is unable to take care of himself;

2. The accompanying staff can be specially hired temporary workers (nurses) or family members of patients;

3. This expense is called the lost work allowance for the accompanying staff, and it is stipulated that the lost work allowance for those who are approved by the hospital to specialize in nursing care can be calculated according to the actual loss of income. The bonus due can generally be calculated in the amount of compensation. If the person has no salary income, the compensation rate shall be limited to the salary standard of the local general temporary worker.

4. In principle, the number of nursing staff is one, but if the medical institution or appraisal institution has a clear opinion, the number of nursing staff may be determined by reference;

5. The period of care shall be calculated until the victim regains his or her ability to take care of himself;

6. Where the victim is unable to regain his or her ability to take care of himself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not more than 20 years;

7. The level of care for the victim after being determined to be disabled shall be determined on the basis of the degree of dependence on the victim and the preparation of disability assistive devices;

8. Compensation amount for escort fee = number of days of escort, number of escorts, average annual salary of employees in the previous year where the medical accident occurred;

It is calculated according to the standard of food allowance for general staff of state organs in the place where the medical accident occurred.

Hospitalization meal subsidy refers to the meal subsidy fee that the doctor should pay to the patient when the patient is hospitalized in a medical institution due to a doctor's treatment accident, and the specific amount is calculated according to the business trip meal subsidy standard for the general staff of the state organ where the medical accident occurred.

According to the original meaning of the judicial interpretation, ordinary staff of state organs refer to staff members whose administrative level is below the department level. The standard of food subsidy for business trips is stipulated in various places, such as the food subsidy for business trips stipulated by Chongqing Municipality is 12 yuan a day.

Hospitalization meal subsidy = hospitalization time, business trip meal subsidy standard for general workers and workers of state agencies in the place where the medical accident occurred.

Article 34 of the Regulations on Work-related Injury Insurance Article 34 If an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, he or she shall pay a monthly living care fee 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.

The main standards for the cost of accompanying people who cause work-related injuries can be divided into the following types.

1. Calculation of the amount of compensation for nursing expenses who are completely unable to take care of themselves.

Compensation for nursing expenses is calculated at 50% of the average monthly salary of employees in the overall area in the previous year, and is paid on a monthly basis.

2. Calculation of the amount of compensation for nursing expenses that cannot take care of themselves for most of their lives.

The nursing fee is calculated at 40% of the average monthly salary of employees in the overall area in the previous year, and is paid on a monthly basis.

The calculation formula is: the amount of compensation for nursing expenses = 40% of the average monthly wage of employees in the overall area in the previous year (yuan).

3. Calculation of the amount of compensation for nursing expenses who cannot take care of themselves in the living part.

The nursing fee is calculated at 30% of the average monthly salary of employees in the overall planning area in the previous year, and is paid on a monthly basis.

The calculation formula is as follows: the amount of compensation for nursing expenses = 30% of the average monthly salary (yuan) of employees in the overall area in the previous year.

4. In general, according to the degree of self-care of employees, the compensation for living care expenses is different. In the case of complete inability to take care of oneself, the compensation standard is 50% of the average monthly wage of the employees in the overall area in the previous year, and 40% of the average monthly salary of the employees in the overall area in the previous year when they are unable to take care of themselves in most cases, and if only part of them are unable to take care of themselves, then the nursing fee is 30% of the average monthly salary of the employees in the overall area in the previous year.