Accidental work related injury compensation, how to compensate for accidental work related injuries

1. In the event of an accident injury, the unit to which the employee belongs shall, within a few days from the date of the accident injury, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area. If the employer fails to submit an application for work-related injury determination in accordance with the provisions of the preceding paragraph, the individual may directly submit an application for work-related injury determination to the labor and social security administrative department of the co-ordinating area where the employer is located within the year. A work-related injury determination shall be made within 60 days.

If an employer fails to submit an application for determination of work-related injury within the prescribed time limit, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that meet the requirements of these Regulations. 2. If the work-related injury is disabled and affects the ability to work after the injury is relatively stable, it shall apply to the Labor Ability Appraisal Committee of the city divided into districts for disability appraisal, and make a labor ability appraisal conclusion within a few days from the date of receipt of the application for labor ability appraisal, and the corresponding compensation shall be made according to the grade based on the appraisal conclusion. 3. The unit bears the first expense, my salary remains unchanged, the hospital meal subsidy during the hospitalization period is paid at 70% of the standard of the unit's business travelers, and the nursing expenses with nursing care are paid by the unit.

If the distal interphalangeal joint of any finger except the thumb is severed or the function is lost, it is assessed as a grade 10 disability. Those who are identified as Grade 10 disabled due to work-related disability shall enjoy the following benefits:

1) A one-time disability allowance of one month's salary;

2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

First of all, it is necessary to identify the work-related injury, and then apply for the labor ability appraisal after the work-related injury, determine the disability level, and enjoy different work-related injury benefits according to the different levels of disability.

You can ask the other party for compensation, if it is difficult, you can ask a lawyer, under the guidance of a lawyer, find a forensic doctor for identification, and then sue for compensation I hope it will help you, please be satisfied, and your efforts will allow us to continue to solve more questions from netizens.

In accordance with the provisions of Article 17 of the Regulations on Work-related Injury Insurance, an application for work-related injury recognition shall be submitted to the labor and social security administrative department of the co-ordinating area where the employer is located, and then the employer shall enjoy the corresponding work-related injury benefits according to the results. The details are as follows:

Article 37 If an employee dies on the job, his immediate family members shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

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 provided the main livelihood of the employee who died on the job and were unable to work 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 widow or orphan on the basis of the above standard.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the labor and social security administrative department.

3) The standard of one-time work-related death allowance is 48 months to 60 months of the average monthly wage of employees in the overall area in the previous year. The specific standards shall be reported to the people of the provinces, autonomous regions and municipalities directly under the Central Government for the record according to the provisions of the local economic and social development. ”

Whether it is appropriate for the company to only give more than 100,000 yuan should be determined according to the actual situation in Tangshan.

The living expenses of the dependants are usually calculated according to the degree of the dependent's inability to work, and according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Since the deceased also had a brother who had just graduated from college and had just started working, the proportion of maintenance paid by the company could only be 1 2

According to the relevant provisions of China's work-related injury insurance regulations, as long as the conditions for work-related injury recognition are met, you can enjoy work-related injury medical treatment, and the necessary expenses such as medical expenses, food subsidies, transportation, accommodation and other necessary expenses for hospitalization and work-related injuries can be compensated.

Legal basis: Article 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 administrative department of social insurance in conjunction with the administrative department of health, the food and drug supervision and administration department and other departments.

The food subsidy for the work-related injury of the employee in the hospital, as well as the certificate issued by the medical institution and the consent of the handling agency, the transportation, food and lodging expenses required for the injured 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 work-related injury medical treatment for non-work-related injuries and are treated in accordance with the basic rental 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**.