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In addition to the wages for work-related injuries, work-related injury compensation can also claim medical expenses, nursing expenses, one-time work-related injury medical subsidies, etc. In the case of work-related fractures, it is impossible to give an accurate compensation, and these are to be paid according to the appraisal level issued by the hospital.
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Legal Analysis: Work-related injuries are subject to the following expenses:
1. Treatment (medical) expenses: Bi Na Song must meet the list of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance;
2. Hospitalization meal subsidy: The unit shall pay the inpatient meal subsidy according to 70% of the unit's food subsidy standard for business trips;
3. **** fee: If it meets the provisions of the third paragraph of this article in the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the work-related injury insurance hospitalization service standards, it shall be paid from the work-related injury insurance;
4. Assistive device fee: the installation of prostheses, orthoses, prosthetic eyes, dentures and wheelchairs and other assistive devices, the required expenses shall be paid from the work-related injury insurance in accordance with the standards stipulated by the state;
5. Living care expenses: If an injured employee who is unable to take care of himself needs nursing care during the suspension period, the unit shall be responsible for it.
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 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.
For the diseases caused by non-work-related injuries, the employees are not entitled to the medical treatment of 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**.
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What expenses are covered by social security and which are paid by the employer? 1. Social security payment: 1. Medical expenses and expenses 2. Expenses for hospital meals 3. Transportation expenses 4. Expenses for installing assistive devices 5. Long-term care expenses, with a high level of disability, and the labor ability appraisal committee determines that they need to be cared for.
6. One-time disability allowance 7. Disability allowance received on a monthly basis from level 1 to level 4 8. One-time medical subsidy 2. Unit payment: 1. Nursing expenses during hospitalization 2. Wages during the period of suspension of work and salary 3. Grade 5 and 6 disability disability allowance received on a monthly basis 4. One-time disability employment subsidy.
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If the employer has paid work-related injury insurance premiums for employees, the work-related injury compensation is paid by work-related injury insurance**, and the funeral subsidy paid by work-related injury insurance is 6 months of the average monthly wage of employees in the overall area in the previous year, and the one-time work-related death subsidy standard is 20 times the per capita disposable income of urban residents in the previous year. If the employer has not paid the fee, the relevant fees will be paid by the employer.
Legal basis] Article 39 of the Regulations on Work-related Injury Insurance.
If an employee dies on the job, his close relatives shall receive funeral allowances, 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 other sedan relatives, and 10% per month for each elderly or orphan on the basis of the above standards.
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 social insurance administrative department.
3) The standard of one-time work-related death subsidy shall be 20 times the per capita disposable income of urban residents in the previous year.
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Work-related injury compensation mainly includes: 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. According to the different disability levels of the jujubes, the compensation received is different.
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 are entitled to 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 social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.
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In the handling of work-related accidents, for injured employees or their families, the most important thing is the specific amount of work-related injury compensation. What are the specific items of workers' compensation? 1. Medical expensesMedical expenses are reimbursed, including medical expenses during hospitalization, training, and work-related injuries.
2. Hospitalization meal subsidy, transportation, accommodation and 1, and hospitalization meal subsidy are the standard hospitalization days stipulated by the local government; 2. After a certificate issued by a medical institution, those who report to the handling agency for approval to seek medical treatment outside the overall planning area may request to pay transportation expenses, accommodation and food expenses; Transportation expenses are regulated according to local standards; Room and board fees are set by the local standard number of people per day. 3. The cost of assistive devices shall refer to the allocation items and cost limits of assistive devices for local work-related injured employees. 4. The wages during the suspension period shall be the original wages and benefits of the employees, and the period of suspension with pay shall generally not exceed 12 months.
If the injury is serious or the circumstances are special, it may be extended upon confirmation by the labor ability appraisal committee of the city divided into districts. 5. Nursing expenses during the period of suspension of work.
6. One-time disability allowance.
7. The specific standards of one-time medical subsidy for work-related injuries and one-time employment subsidy for disability shall refer to the specific provisions of the regulations and measures for the implementation of work-related injury insurance in various provinces and municipalities. 8. In the event of work-related death, it involves a one-time work-related death allowance, funeral allowance, and pension for dependent relatives.
Legal basis] Article 38 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) Subsidies for in-hospital meals; (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 subsidy 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 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.
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
Except for medical expenses, others are OK.
Article 8 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance: Where an employee is injured due to a third party, and the social insurance administrative department makes a decision not to accept an application for recognition of work-related injury or not to recognize a work-related injury on the grounds that the employee or his close relatives have already filed a civil lawsuit against the third party or obtained civil compensation, the people's court will not support it. Where an employee is injured due to a third party, and the social insurance administrative department has already made a determination of work-related injury, and the employee or his close relatives have not filed a civil lawsuit against the third party or have not yet received civil compensation, and the lawsuit is filed to demand that the social insurance agency pay work-related injury insurance benefits, the people's court shall support it. Where an employee suffers a work-related injury due to a third party, and the social insurance agency refuses to pay work-related injury insurance benefits on the grounds that the employee or his close relatives have already filed a civil lawsuit against the third party, the people's court will not support it, except for the medical expenses already paid by the third party. >>>More
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