How to compensate for a second work related injury?

In response to this problem, lawyer Wang Shengli briefly compiled the work-related injury compensation legal network for the reference of injured employees: The first situation: if the two work-related injuries are 7-10 work-related injuries, how to enjoy the treatment?

After the first work-related injury, according to Articles 30, 31, 32, 33 and 37 of the Regulations on Work-related Injury Insurance, employees can enjoy work-related injury insurance benefits such as medical expenses for work-related injuries, wages for the period of suspension of work, food subsidies during hospitalization, transportation expenses for medical treatment outside the overall area, accommodation expenses, one-time disability allowance, and assistive device expenses after the first work-related injury. After the second work-related injury, the work-related injury insurance benefits are the same as the first. However, under such circumstances, if an injured employee requests to dissolve or terminate the employment relationship, how can he enjoy a one-time medical subsidy for work-related injuries and a disability employment subsidy?

For example, if the first work-related injury and disability level of an employee is level 9 and the second time is level 8, then the employee can enjoy the above treatment repeatedly. The lump sum medical benefit for work-related injuries and the one-time disability employment benefit cannot be enjoyed repeatedly.

So is it according to the enjoyment of the ninth level or according to the enjoyment of the eighth level? The Regulations on Work-related Injury Insurance do not clearly stipulate that a one-time work-related injury medical subsidy and disability employment subsidy shall be enjoyed according to the standard of Level 8. If the first work-related injury disability level is level 7 and the second time is level 9, the employee shall enjoy a one-time work-related injury medical subsidy and a one-time disability employment subsidy in accordance with the level 7 disability standard, that is, the principle of higher is not lower.

The second situation: the first work-related injury of the employee is any level of work-related injury in grade 7-10, and the second work-related injury is still a work-related injury of any level in grade 1-6, how to enjoy the treatment? According to Articles 30, 31, 32, 33, 36 and 37 of the Regulations on Work-related Injury Insurance, if an employee's first work-related injury is any of the 7-10 levels of work-related injury, the employee shall enjoy the medical expenses for work-related injuries, wages for the period of suspension of work, food subsidies during hospitalization, nursing care by the unit, transportation expenses for medical treatment outside the overall area, accommodation expenses, one-time disability allowance, assistive devices and other expenses.

According to Article 34 and Article 3 of the Regulations on Work-related Injury Insurance.

Three. Ten. 5. Article 45 stipulates that if an employee's second work-related injury is any of the 1-6 grades, the employee shall enjoy the work-related injury benefits in addition to the work-related injury benefits that the first work-related injury should enjoy, and can also enjoy post-mortem nursing expenses, disability allowance and other benefits. In this case, the employee can also receive two one-time disability subsidies, and when the employee dissolves or terminates the labor relationship, he or she shall pay a one-time medical subsidy for work-related injuries and a one-time disability employment subsidy according to the standard of work-related injury compensation for the middle level of 5-6. The second work-related injury of grade 1-4 shall not be terminated and the disability allowance shall be paid on a monthly basis, unless the migrant worker chooses to settle it at one time.

The above is original by lawyer Wang Shengli of the work-related injury compensation legal network, for the reference of injured employees, I hope to solve the worries of the landlord!

Depends on the injury of the second work injury.

Remember.

If it is the same work injury in the same department, whoever is the bigger will be compensated.

The compensation standard is the same as for the first work-related injury.

Compensation is made according to the severity of the injured person's injuries.

Isn't it the same as a work injury?

Legal analysis: No matter how many work-related injuries you have, as long as you suffer a work-related injury, you can apply for compensation within the specified time. In the event of two work-related injuries in the same employer, a one-time disability employment subsidy and a one-time work-related injury medical subsidy shall be calculated according to the highest disability level of the work-related injury in the same employer.

Legal basis: Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning Implementation

Article 10 Where an employee suffers multiple work-related injuries during his or her continuous work in the same employer, it shall comply with the provisions of the Regulations.

Three. Ten. 6. Article 37 stipulates that when receiving relevant benefits, a one-time disability employment subsidy and a one-time medical subsidy for work-related injuries shall be calculated and paid according to the highest level of disability in which the work-related injury occurs in the same employer.

Article 11 In accordance with the provisions of Article 42 of the "Regulations", the payment of work-related injury insurance benefits shall be resumed from the next month after the circumstances of the cessation of payment of benefits have disappeared, and the work-related injury insurance benefits that have been stopped shall not be reissued.

The second work-related injury shall also be compensated in accordance with the work-related injury compensation standard. Work-related injury compensation standards, also known as work-related injury insurance treatment standards. It refers to the compensation items and standards that employees who are injured at work and the relatives of employees who have died at work shall enjoy in accordance with the law.

1) Treatment (medical) expenses. **The cost of work-related injury must meet the requirements of the work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug list, and the work-related injury insurance hospitalization service standards.

2) Hospitalization meal subsidy. The unit shall pay the hospital meal subsidy according to 70% of the standard of the meal subsidy standard for business trips of the unit.

3) Transportation, room and board expenses for medical treatment in other places. The required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard of the company's employees traveling on business.

4) **** fee. Paid from workers' compensation insurance**.

5) Assistive device fee. Due to the needs of daily life or employment, the injured employee can be fitted with prostheses, orthoses, artificial eyes, dentures and 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 stipulated by the state.

6) Wages for the period of suspension of work. 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 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.

7) Living care expenses. The unit is responsible.

8) One-time disability allowance. The compensation standard of the one-time disability subsidy is determined according to the disability level of the injured employee, and the compensation standard varies according to the level.

9) Disability allowance. If an employee is identified as a first-level to fourth-grade disability due to work-related disability, a one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability.

10) One-time disability employment subsidy and one-time medical subsidy for work-related injuries.

11) Funeral grants. The funeral subsidy for the death of an employee due to work shall be 6 months of the average monthly salary of the employee in the overall area in the previous year.

12) Pension for dependent relatives. The pension for the relatives of the employee who died on the job shall be paid to the relatives who provided the main living allowance and were unable to work according to a certain proportion of the employee's own salary.

13) One-time work-related death allowance. The standard of one-time work-related death allowance is the average monthly wage of employees in the overall area for 48 months to 60 months in the previous year.

Legal basis] Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

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.

As long as it is a work-related injury, no matter how many times, you can enjoy work-related injury insurance benefits. However, if the level of disability is determined and belongs to the same part, the determination of the previous disability will be excluded; In the case of a second work-related injury in the same unit, if the employee is assessed to have a disability of grade 5 to 10, the one-time medical subsidy and employment subsidy for work-related injuries that are dissolved or terminated from the labor contract shall be enjoyed once according to the highest level of the two disability evaluations.