Is there a uniform format for applying for work related injury hospitalization companion expenses?

There is no uniform format for applying for hospitalization care expenses for employees injured at work.

According to Article 33 of the Regulations on Work-related Injury Insurance, the employer shall be responsible for the hospitalization care of the injured employee during the period of suspension of work with pay, and the employer may send someone to take care of the work-related employee, or it may pay the nursing fee for the injured employee and his close relatives to find someone to take care of him. Where the provincial or municipal social insurance administrative department has provisions on the standard for the payment of nursing fees, follow those provisions; If there is no provision, it is generally calculated according to the salary level of local caregivers.

Whether an injured employee needs nursing care during hospitalization depends on whether he or she has an obstacle to self-care, and the employer shall make a written recommendation and determine it by the employer, and if there is a dispute, it shall be confirmed by the Labor Ability Appraisal Committee.

The work-related injury hospitalization fee should be borne by the work-related injury insurance fund, so the work-related injury treatment review is required for reimbursement, and the work-related injury treatment audit form is specific in each region, and the employee can get the form at the Human Resources and Social Security Bureau. The general organization also saves the corresponding form.

Work-related injury compensation includes the part paid by the company and the part paid by social insurance, and the employee should apply to the social security center for work-related injury benefits review after the labor ability appraisal results are issued, and the work-related injury benefits will be issued after the review is passed.

The review of the payment of work-related injury benefits by the social security fund needs to be submitted: a copy of the certificate of work-related injury and occupational disease; A copy of the labor ability appraisal certificate or a medical termination appraisal form; List of total medical invoices and hospitalization expenses; Copies of outpatient medical records and discharge summary; transfer-in to the account; A copy of your ID card.

The wages paid by the employer shall be paid on a monthly basis, and if there is a disability, the salary shall be negotiated when the labor relationship with the employer is terminated. If there is a dispute between the employee and the employer over the issue of work-related injury compensation, he or she can apply for labor arbitration to protect his rights.

In accordance with the Social Insurance Law

Article 38 The following expenses incurred as a result of work-related injuries shall be paid from the work-related injury insurance fund 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 disabled workers 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) Disability allowance received on a monthly basis by employees with grade 5 and grade 6 disabilities;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Legal analysis: According to the law, if you need nursing care during the period of suspension of work, the employer shall be responsible. Those who need nursing care after being assessed as disabled and are completely unable to take care of themselves shall be subject to 50% of the average monthly salary of employees in the previous year; Most of them are unable to take care of themselves, and 40 of the average monthly salary of employees in the previous year is coordinated; Some of them are unable to take care of themselves, and 30% of the average monthly salary of employees in the previous year is coordinated.

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 recognized, 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 crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

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

For the care of relatives who have no fixed income, it can be determined according to the level of the local general care worker market.

Nursing staff are one person in the original high belt, except where the medical institution or appraisal body has a clear opinion. After being discharged from the hospital, if the injured employee needs to be cared for, he or she shall be certified by the medical institution and shall be implemented according to the above standards. If the employer arranges a nursing assistant, the employer does not need to pay a separate nursing fee.

Legal basis: "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: Nursing fees are to be determined on the basis of the nursing staff's income status, the number of nursing personnel, and the duration of nursing care. If the nursing staff has income, the calculation shall be made with reference to the provisions on lost work pay, and if the nursing staff has no income or hires nursing staff, it shall be calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing.

In principle, there is one nursing staff, 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 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. 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.

The reimbursement of meal money for the inpatient escorts with work-related injuries shall be borne by Liang Li of the nuclear pure unit. If there is a special nurse to care for the hospital during the change of schedule, it shall be determined according to the amount indicated in the nursing fee receipt; Where care is arranged for relatives with a fixed income**, it shall be determined according to the amount indicated in the income certificate of their relatives, but shall not exceed the average social wage of local employees in the previous year; If the care of relatives without a fixed income** is arranged, it can be determined according to the level of the local general care worker market**.

Article 34 of the Regulations on Work-related Injury Insurance 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.

According to Article 33 of the Regulations on Work-related Injury Insurance, if an employee is injured in an accident or suffers from an occupational disease at 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 of work and salary, and shall be paid by the employer on a monthly basis.

1. The period of suspension of work with pay is generally not more than 12 months, and if the injury is serious or the situation is special, it can be appropriately extended after being confirmed by the labor ability appraisal committee of the city divided into districts, but the extension shall not exceed 12 months.

2. 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 employer shall not terminate the labor, employment contract or labor relationship if the employer does not send someone to take care of the employee after the medical institution where he is admitted to the hospital and issue a certificate that the unit is responsible for sending someone to take care of him.

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 should seek medical treatment in the medical institution that has signed the 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.

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**.

According to Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the compensation for lost time is determined on the basis of the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income.

If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed. Article 21 stipulates that nursing fees shall be determined on the basis of 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.

Article 21 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that nursing fees shall be determined on the basis of the income status of nursing personnel, 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; If the nursing staff has no income or hires nursing staff, it shall be 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 disability, a reasonable period of care may be determined based on factors such as his age and health condition, but not more than 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 circumstances of the preparation of disability assistive devices.