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Hurry up and ask your local labor bureau, this one place and one standard.
This is the process: 1. Apply to the Human Resources and Social Security 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. Documents to be submitted:
Application form for work-related injury determination (**generally available** for the Human Resources and Social Security 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 labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);
3. According to different disability levels, the compensation obtained 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 cannot apply for a work-related injury determination, you can first apply for 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.
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You can apply for work-related injuries and determine work-related injury benefits.
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Work-related accident compensation shall be carried out in accordance with the provisions of the Social Insurance Law, and the following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance** in accordance with the provisions of the state: (1) **Medical expenses and **expenses of work-related injuries; (2) Hospitalization meal subsidy; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) Those who are unable to take care of themselves and who have been confirmed by the Labor Ability Appraisal Committee shall pay for their living expenses; (6) A one-time disability allowance and a monthly disability allowance for disabled employees 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 death subsidy for the death of the family members due to work; (9) Labor Ability Appraisal Fee Article 39 The following expenses incurred due to 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 period; (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.
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If an employee is injured in the course of work, he or she needs to apply for a work-related injury determination first, and after the work-related injury is identified, compensation can be made in accordance with the items stipulated in the Social Insurance Law. The standard of compensation should be calculated in accordance with the Regulations on Work-related Injury Insurance and local laws. Disability compensation requires the employee to undergo an appraisal of his or her working ability, which is calculated based on the appraisal results.
According to Article 38 of the Social Insurance Law, 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 lodging 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 employees 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) When the labor contract is terminated or dissolved, it shall be entitled to a one-time chain trembling disability employment subsidy. Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located. Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality. If the employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of Article 1 of this article, the employer shall bear the relevant expenses such as work-related injury benefits that comply with the provisions of these Regulations during this period.
Article 23 The employer, the injured worker or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of work-related injuries.
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