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The main ones are wages for the period of suspension of work, one-time disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, and medical expenses. For details, please refer to the Regulations on Work-related Injury Insurance.
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Workers' compensation is required only if a work-related injury is recognized
1. Medical treatment, including hospital meal subsidies, nursing expenses, etc.
2. Suspension of work and pay period (missed work period) treatment.
3. There is a one-time disability subsidy after the appraisal level.
4. If the labor contract is terminated, there will be a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability.
There are no nutrition fees.
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Work-related injuries are recognized as enjoying: medical treatment for work-related injuries, food subsidies, transportation expenses and accommodation expenses outside the city, wages for leave without pay, nursing expenses during leave without pay, ** fees, and expenses for installing auxiliary equipment. According to the level of disability, they are entitled to disability benefits.
Living care expenses. For details, please refer to the Regulations on Work-related Injury Insurance
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According to the relevant provisions of the Labor Law and the Regulations on Work-related Injury Insurance, employees who are found to have suffered work-related injuries are entitled to work-related injury insurance benefits in accordance with the law. Expenses such as medical treatment, nursing, hospital meal allowance, lost work, life care, disability allowance, and work-related death allowance are all within the scope of work-related injury insurance benefits.
Lawyer Zhang Zuoxin.
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Of course you can ask for it. Lost time pay generally does not exist, because he will pay you during this period. If you are disabled, there is also a post-** fee, nursing fee. The key is to look at the other person's abilities.
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You need to apply for a work-related injury determination, and after your condition is stable, apply for a disability evaluation, and enjoy work-related injury benefits according to the results.
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According to the Regulations on Work-related Injury Insurance, an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:
1) 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) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;
6) Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;
7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
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In accordance with the provisions of the Social Insurance Law, the main compensation items of work-related injury compensation are as follows: Article 38 of the Social Insurance Law stipulates that 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 allowance and a monthly disability allowance for employees at levels 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.
Article 39 stipulates that the following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with national regulations: (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. Legal basis:
Article 39 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid by the employer in accordance with national regulations: (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.
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The following compensation can be obtained:
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 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.
Legal basis: Social Insurance Law
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) 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 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.
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The compensation that can be obtained for work-related injuries includes: medical treatment for work-related injuries; the cost of installing assistive devices; During the period of suspension of work, the original salary and treatment shall remain unchanged, and the unit shall pay it on a monthly basis for no more than 12 months; Employees who are assessed to have a disability level shall enjoy disability benefits; The standard is 10% of the average monthly salary of the employee.
Five. X.IV.
Ten, thirty. According to 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.
Article 31 stipulates that if an administrative reconsideration or administrative lawsuit occurs after the social insurance administrative department makes a decision to determine that it is a work-related injury, it shall not stop paying the medical expenses of the injured employee during the period of administrative reconsideration and administrative litigation.
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.
Article 31.
Where an administrative reconsideration or administrative lawsuit occurs after the social insurance administrative department makes a decision to determine a work-related injury, the medical expenses of the injured employee shall not be stopped during the period of administrative reconsideration or administrative litigation.
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Work-related injuries may claim the following compensation: 1. Ordinary injuries caused: medical expenses, food allowances, living care expenses, wages during the work-related injury, transportation, accommodation and transportation expenses.
2. In the case of disability, in addition to the general injury, there shall be a fee for assistive devices, a one-time disability compensation and failure grant, a disability allowance, a one-time medical subsidy for work-related injuries, and a one-time disability employment subsidy. 3. In the event of death, funeral allowance, one-time subsidy, and pension for dependent relatives.
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 injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit according to the monthly status of failure. Article 39 of the "Regulations on Work-related Injury Insurance" If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance in accordance with the following provisions.
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As long as it is determined that it is a work-related injury, even if it is a small injury, it can enjoy work-related injury insurance benefits in accordance with the law. The employer shall apply for a work-related injury determination within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time.
Legal basis:Article 36 of the Social Insurance Law of the People's Republic of China.
If 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.
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In general, the company cannot be required to compensate for the sequelae of work-related injuries. The standard of work-related injury compensation is determined by the work-related injury appraisal results, and on the basis of the work-related injury appraisal results, the relevant calculation is carried out in accordance with the statutory work-related injury compensation calculation method, and the final result is the amount of work-related injury compensation for the employee. The company has already compensated part of the recognized work-related injury, so there will generally be no additional compensation.
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.
1. Appraisal standards for thumb injury injuries.
According to the work-related injury appraisal standard of "Labor Ability Appraisal of Work-related Injuries and Disability Levels of Employees", the thumb injury is divided into three to ten grades at a time, and it is necessary for a special work-related injury appraisal agency to issue work-related injury appraisal results. On the basis of the work-related injury appraisal results, the final amount of compensation for the work-related injury of the employee is calculated. According to the "Regulations on Work-related Injury Insurance", it is divided into levels 1 to 10.
The standard of compensation determined by the work-related injury appraisal results shall be calculated in accordance with the statutory method for calculating work-related injury compensation based on the work-related injury appraisal results. A lump sum disability benefit is paid by workers' compensation insurance**. If you are injured at work in your life, you must apply for work-related injury recognition, and if you have not been recognized as work-related injury or are not recognized as work-related injury, you cannot enjoy work-related injury insurance benefits.
2. The amount of work-related injury compensation for lower leg fractures.
The amount of work-related injury compensation for lower leg fracture is a one-time disability subsidy paid according to the disability level, which is divided into 1 to 10 levels in China, and is divided according to the disability level of the "Work-related Injury Insurance Regulations". It shall be calculated according to the statutory calculation method of work-related injury compensation according to the work-related injury appraisal results. A lump sum disability benefit is paid by workers' compensation insurance**.
The work-related injury appraisal results determine the standard of work-related injury compensation, and on the basis of the work-related injury appraisal results, the final amount of work-related injury compensation for the employee is calculated.
Article 30 of the Regulations on Work-related Injury Insurance stipulates that 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. 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**.
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In accordance with the provisions of the Social Insurance Law, the main compensation items of work-related injury compensation are as follows: Article 38 of the Social Insurance Law stipulates that 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 of 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) Those who are unable to take care of themselves in life shall be confirmed by the Labor Ability Appraisal Committee for living care expenses; (6) A one-time disability allowance and a monthly disability allowance for employees at levels 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.
Article 39 stipulates that the following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with national regulations: (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.
Legal basis:
Article 39 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid by the employer in accordance with national regulations: (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 cancelled.
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