When should the company pay workers compensation

Do you make a work-related injury determination?

Is there a disability assessment?

Legal Analysis] :(1) Hospitalization meal subsidy for work-related injuries, transportation expenses and accommodation expenses for medical treatment in other places: The hospitalization meal subsidy for hospitalized work-related injured employees during the hospitalization** period shall be paid by the employee's unit in accordance with 70% of the food subsidy standard for business trips of the unit;

The transportation and accommodation expenses required for the approved referral and transfer to other places for medical treatment shall be reimbursed by the employee's unit in accordance with the standard for employees traveling on business for business trips.

2) Wages during the suspension period: The wages and benefits of the injured employees during the period of suspension with pay remain unchanged and shall be paid by the employer on a monthly basis; If the employee is unable to take care of himself/herself, the employer shall send someone to take care of him/her, and the accompanying expenses shall be paid by the employer in accordance with the agreement. (3) Disability allowance:

For injured employees with disability levels of 5 and 6 who are difficult to arrange work, the employer shall pay 70% and 60% of the employee's salary on a monthly basis disability allowance.

4) One-time disability employment subsidy: For injured employees with disability grades 5 to 10 who have terminated their employment relationship with the employer, the employer shall pay a one-time disability employment subsidy based on the average monthly wage of the employee in the previous year at the time of termination of the labor relationship.

In addition, if the employer should have participated in the work-related injury insurance but did not participate in the work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated by the state.

Legal basis]: Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Receiving a traffic accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee who has any of the following circumstances shall be deemed to have suffered a work-related injury: (1) He or she dies of a sudden illness or dies within 48 hours after being rescued during working hours and at a work post; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, obtained a revolutionary disabled veteran certificate, and were injured after arriving at the employer.

Legal analysis: After the employee of the insured unit suffers a work-related injury, in addition to the scope of work-related injury insurance, the employer also needs to pay a certain amount of compensation to the injured employee: 1. 100 periods of salary for suspension of work:

The wages and benefits of the injured employee during the period of suspension of work and salary remain unchanged, and shall be paid by the employer on a monthly basis; If the employee is unable to take care of himself/herself, the employer shall send someone to take care of him/her, and the accompanying expenses shall be paid by the employer in accordance with the agreement. 2. Disability allowance: For injured employees with disability levels of 5 and 6 and it is difficult to arrange work, the employer shall pay 70% and 60% of the employee's salary on a monthly basis disability allowance.

3. One-time disability employment subsidy: For injured employees with a disability level of 5 to 10 who have terminated the labor relationship with the employer, the employer shall pay a one-time disability employment subsidy based on the average monthly wage of the employee in the area in the previous year at the time of termination of the labor relationship. In addition, if the employer should have participated in the work-related injury insurance but did not participate in the work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated by the state if the employee suffers a work-related injury during this period.

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 death due to work-related work, the funeral allowance, the pension for supporting 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 or pretend to 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.

According to different levels of disability, the items of compensation are different, mainly including: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical subsidy, salary during the period of suspension of work, food allowance, nursing expenses, etc. Who should compensate for the above-mentioned items should be handled differently according to the following circumstances:

If the employer has paid work-related injury insurance, except for the wages and one-time employment subsidies during the suspension period that need to be paid by the company, other items are generally paid by work-related injury insurance.

Legal basis

Article 38 of the Full Text of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations: (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) If they are unable to take care of themselves, the living care department shall be 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 case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; 9) Labor ability appraisal fee.