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If the work-related injury is compensated according to the level of disability, the compensation shall be made according to the provisions of the level of the level of disability, and if the level of disability is not reached, there shall be no compensation.
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It should be seen the extent of the injury and the location of the injury, if the injury is very serious, the compensation should be a lot; If the injury is minor or the part of the injury is not serious, the compensation is not much. There are also testimonials that should also be carefully studied.
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Look at the heaviness of the injury, disability identification, and so on
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In the event of a work-related injury, try to negotiate compensation with the factory, including at least medical expenses, hospital meal subsidies, nursing expenses, transportation expenses, etc., and if you are unable to go to work due to work-related injuries, the factory should pay you the wages and benefits during the period of suspension of work. In addition, it is necessary to make a work-related injury determination, and after the work-related injury identification results are released, a one-time disability allowance and a one-time disability medical subsidy will be calculated according to the level of the labor ability appraisal, and if you no longer continue to work in the factory, the factory will also need to compensate for the one-time disability employment subsidy.
Briefly, I hope it can help you.
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1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.; 2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the municipal labor ability appraisal committee with the excavation area (generally established in the human resources and social security bureau at the same level); 3. According to different levels of disability, the compensation received by each province is different.
The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc. 4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship and are unable to apply for a work-related injury determination, you can first apply for a labor arbitration to confirm the existence of an employment relationship between you and the employer.
After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made. Work-related injury insurance benefits are related to the personal wages of the injured employees, and the work-related injury insurance policies and regulations where the disability level has been located, and the conditions are insufficient and cannot be estimated.
Legal basis: Regulations on Work-related Injury Insurance Article 30 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. type shot.
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**.
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Legal analysis: 1. First of all, the employer should submit an application for work-related injury recognition to the labor bureau within one month.
2. If the employer does not apply, the worker can apply for work-related injury identification, and the materials that the employee should submit for his own application include: application form for work-related injury identification; Proof of the existence of an employment relationship with the employer; Medical diagnosis certificate or occupational disease diagnosis certificate, etc.
3. The Labor Bureau makes a decision on the determination of work-related injuries.
4. The injured should go to a qualified hospital for disability evaluation.
5. Submit the disability appraisal of the hospital to the Labor Bureau and the employer, and it is best to make a copy of it yourself for keeping, and the Labor Bureau will issue a "Notice of Work-related Injury Determination" to the employer.
6. The unit begins to compensate, mainly including one-time disability subsidy, one-time disability employment subsidy, one-time disability medical subsidy, salary during the suspension period, hospital meal expenses, nursing expenses, etc.
Legal basis: Social Insurance Law of the People's Republic of China
Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:
1) Medical expenses and expenses for work-related injuries;
2) Hospitalization meal subsidy;
3) Transportation and accommodation expenses for medical treatment outside the overall planning area;
4) The cost of installing and configuring assistive devices for the disabled;
5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;
6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;
7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;
8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;
9) Labor ability appraisal fee.
Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:
1) Wages and benefits during the work-related injury;
2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;
3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.
Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.
The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.
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