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The worker has been discharged from the hospital with a work-related injury, and the disability level has not been paid, if the old injury is not **, it is not possible to continue to be hospitalized.
The main compensation for work-related injury insurance benefits is: medical expenses, one-time disability allowance (monthly salary), one-time employment subsidy (determined according to the work-related injury regulations of the province where the worker is located, and received when the labor relationship is terminated), one-time medical subsidy (determined according to the work-related injury regulations of the province where the worker is located, and received when the labor relationship is terminated), wages during the period of suspension of work with pay (determined according to the notice of labor ability appraisal conclusion), food allowance, nursing expenses, transportation expenses, etc.
In accordance with Article 37 of the Regulations on Work-related Injury Insurance and the provisions of the Regulations on Work-related Injury Insurance of the province where the worker is located.
Article 37 Where an employee is assessed as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;
2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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It's okay, you can't go out if you don't get it. Anyway, hospitalization is not your own money, you don't have to rush. They'll be in a hurry.
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If the work-related injury has not been resolved, but as long as the discharge conditions are met, you can be discharged, and you can pay for your own expenses, and you cannot be compensated if you are not discharged from the hospital and do not have a labor ability appraisal. If an employee is injured in an accident or suffers from an occupational disease due to 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 with pay, and shall be paid by the employer on a monthly basis.
Legal analysisEmployees with work-related injuries may directly apply to the labor and social security department where the employer is located for recognition of work-related injuries. The applicant unit and individual shall provide the application form for work-related injury determination, a copy of the ID card of the injured employee, a copy of the labor contract or other valid proof of the establishment of labor relations, a copy of the post-injury diagnosis certificate or occupational disease diagnosis certificate issued by a medical institution, and a copy of the initial medical record. 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 labor and social security administrative department of the coordinating area.
If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, the injured employee or his immediate family members or trade union organization may directly submit an application for recognition of work-related injury to the labor and social security administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. If the employer fails to submit an application for work-related injury determination within the prescribed time limit, the employer shall bear the expenses incurred during this period that meet the requirements for work-related injury benefits.
Legal basisRegulations on Work-related Injury Insurance Article 20 The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's employer in writing of the application for work-related injury determination. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear. Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion.
Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.
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It is self-inflicted for an injured employee to threaten him or her to be discharged from the hospital to solve the problem of compensation.
If the injured employee meets the conditions for discharge, he or she must be discharged from the hospital and pay for his or her own expenses. In addition, if you are not discharged from the hospital and do not have a working ability test, you will not be compensated.
Chongqing Municipal Human Resources and Social Security Bureau.
Chongqing Municipal Measures for the Administration of Medical Treatment for Employees Injured at Work".
Yuren Shefa No. 2010 203.
Article 6 Designated medical institutions must strictly grasp the indications for admission and discharge, and for work-related injured workers who meet the indications for hospitalization, the first hospital must admit them for hospitalization in accordance with regulations, and must not pass the buck. Employees injured at work who do not meet the indications for hospitalization shall not be admitted to hospitalization. If the injured employee can be discharged from the hospital**, he shall be notified of the discharge in a timely manner, and it is strictly forbidden to deliberately stay the injured employee and be hospitalized in a hanging bed.
After receiving the discharge notice from the designated medical institution, the injured employee shall go through the discharge procedures in a timely manner, and shall not refuse to be discharged from the hospital or delay the discharge time without reason. For those who refuse to be discharged after the discharge notice is issued, the designated medical institution shall promptly notify the work-related injury insurance agency, and the medical expenses incurred from the date of the discharge notice shall be borne by the employer and the injured employee, and the work-related injury insurance shall not be paid.
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1. How to compensate for work-related injuries that do not reach the disability level?
1. The medical expenses shall be paid in full by the employer;
2. During the period of suspension of work and salary (during the period of work-related injury**, **), the salary shall be paid according to the original treatment;
3. The unit is responsible for those who need nursing care during the suspension period;
4. The food subsidy during the hospitalization shall be paid according to the standard of the place where the injured employee is located.
If the employer fails to pay the work-related injury insurance in accordance with the law, the employer shall pay all the work-related injury insurance. According to the above provisions, if the employee is not able to identify the level of disability, the employer should also bear the responsibility of paying salaries and benefits on time, and if he is dismissed without reason, it is recommended that he or she can be dealt with in a timely manner with labor dispute resolution.
In fact, if the person is not satisfied with the result of the work-related injury and disability level, such as failing to reach the level, the party concerned can apply for another appraisal of the chain. If they are not satisfied with the results of the disability at the municipal level, they shall submit an application for re-appraisal to the provincial labor ability appraisal committee within 15 days from the date of receipt of the appraisal conclusion. The appraisal conclusion made by the Provincial Labor Appraisal Committee is final.
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1.The medical expenses shall be paid in full by the employer;
2.During the period of suspension of work and salary (during the period of work-related injury** and **), the salary shall be paid according to the original treatment;
3.The food subsidy for hospitalization and work-related injury, as well as the certificate issued by the medical institution Senling and the consent of the handling agency, the transportation, accommodation and accommodation expenses required for the work-related injury employee to go to the co-ordination area to bring the medical treatment outside the country 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.
4.If you don't understand anything, you can ask or call 12333 directly to consult the local Ministry of Labor!
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There is also a salary after being discharged from the hospital after a work-related injury. If an employee is injured by an accident or suffers from an occupational disease because of his or her work, and needs to temporarily stop working to accept a work-related injury, 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. The period of leave without pay is usually not allowed for more than 12 months.
If the injury is serious or the situation is special, it can be extended appropriately after application. Article 33 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or suffers from an occupational disease due to 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. The period of leave without pay is generally not more than 12 months.
If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.
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 unit to which he or she belongs shall be responsible.
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