How to compensate for the following work related injuries, refer to the situation of work related in

The circumstances under which work-related injury benefits are enjoyed are also the circumstances of work-related injuries: during the period when they are out of work, they are injured due to work-related reasons or their whereabouts are unknown in an accident; Injured in an accident during working hours and in the workplace due to work-related reasons; On the way to and from work, you are injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which you are not primarily responsible.

Work-related accidents (also known as labor accidents) refer to accidents such as personal injury and acute poisoning that occur when in-service workers are engaged in production-related activities in the production area and during working hours. Industrial accidents are divided into 20 categories, namely: object strike, vehicle injury, mechanical injury, lifting injury, electric shock, drowning, burning, fire, falling from height, collapse, roof sheeting, water penetration, artillery, gas**, gunpowder**, boiler**, container**, others**, poisoning and suffocation and other injuries.

In the case of not participating in work-related injury insurance, the employer is the bearer of work-related injury insurance benefits; In the case of participating in work-related injury insurance, generally speaking, the employer should also bear part of the work-related injury insurance benefits. If the exact name and address of the employer are not known, it is impossible to determine the target of recourse, and in this case, the employee will not be able to claim compensation in the event of a work-related injury.

Employee workers' compensation is as follows:

1. A one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;

2. Transportation and accommodation expenses for medical treatment outside the overall planning area;

3. If you are unable to take care of yourself, the living care expenses confirmed by the Labor Ability Appraisal Committee;

4. Medical expenses and expenses for work-related injuries;

5. Others; Basis for legal judgment

Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

1) Being 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) During working hours and in the workplace, they are injured by violence or other accidents due to difficulties in performing their work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal analysis: If an employee is injured at work and is unable to enjoy work-related injury insurance benefits beyond the time limit for work-related injury determination, the injured person can directly obtain relief through the general personal injury compensation litigation procedure, and the compensation items and standards shall refer to the work-related injury insurance benefits. Legal basis:

Regulations on Work-related Injury Insurance Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) Death of sudden illness during working hours and at work, or death within 48 hours of being sentenced to be accompanied; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer. Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Legal analysis: If an employee is injured at work and is unable to enjoy work-related injury insurance benefits beyond the time limit for work-related injury determination, the injured person can directly obtain relief through the general personal injury compensation litigation procedure, and the compensation items and standards shall be subject to work-related injury insurance benefits.

Legal basis: Article 15 of the Regulations on Work-related Injury Insurance Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He dies of a sudden illness or dies within 48 hours after rescue is ineffective during the time of work and at work; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; If an employee has any of the circumstances in item (3) of the preceding paragraph, he or she shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to declare the residual liquid dust 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. Materials to be submitted: Application form for work-related injury determination (**generally ** according to the Labor 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 apply 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. The compensation standards are different from province to province.

Depending on the level of disability, the compensation received is not the same. The main compensation is: medical expenses, one-time disability allowance, one-time disability employment subsidy, one-time medical subsidy for work-related injury, wages for the period of suspension of work, food allowance, nursing expenses, etc.

4. If the injured employee does not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a determination of work-related injury, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the injured employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

In accordance with the Regulations of the People's Republic of China on Labor Insurance and the Labor Contract Law, work-related injuries are entitled to the following benefits:

Article 12 of the Regulations of the People's Republic of China on Labor Insurance, stipulates that workers and employees who are injured on the job shall be treated in the medical center, hospital or special hospital of the enterprise. If the enterprise's medical center, hospital or special hospital cannot be treated, the administrative side of the enterprise or the management shall transfer it to other hospitals for treatment, and all the expenses, medicine expenses, hospitalization expenses, meals and medical expenses during hospitalization shall be borne by the administrative side of the enterprise or the employer. During the medical treatment, the salary is paid.

B. When workers and employees are determined to be disabled due to work-related injuries, they shall be paid monthly disability pension or work-related disability subsidy under labor insurance** according to the following circumstances.

1. If a person who is completely out of labor force and is unable to work and retires from his or her post and needs assistance in food and daily life, the amount of the work-related disability pension shall be 75% of his or her salary, which shall be paid until the time of death.

(2) If a person is completely incapacitated and unable to work and retires, and does not need assistance for food and daily life, the amount of the work-related disability pension shall be 60% of his or her salary, which shall be paid until the labor force is restored or he dies.

3. Workers who are still able to partially lose their labor force shall be given appropriate work by the administrative department of the enterprise or the employer, and shall be paid a work-related disability subsidy according to the extent of their loss of labor force after disability, until the time of retirement pension or death, the amount of which shall be 5 to 20 percent of their wages before they become disabled, but the total amount of their wages when they resume work shall not exceed their wages before they become disabled.

4. The determination and modification of the disability status shall be reviewed by the Disability Review Committee. The detailed measures are set out in the implementation rules.

Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee according to the standard of one month's salary for each full year of service in the employer. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

In accordance with the Social Insurance Act

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

After a work injury, you should be aware of these compensation items!

To put it simply, work-related injuries have the following treatments: the unit bears the first expense, the unit is responsible for the salary of the injured person, the salary during the first period is the original salary before the injury, the unit pays monthly, the hospitalization meal subsidy during the hospitalization period is paid by the unit according to 70% of the standard of the unit for business travelers (or local standards), and the nursing expenses for nursing during the hospitalization period are paid by the unit according to the local standard, and a one-time disability subsidy is obtained according to the disability level. If the labor relationship is terminated with the employer, the employee shall also receive a one-time medical subsidy for work-related injuries and a disability employment subsidy in accordance with the standards stipulated by the local government, and the standards stipulated by each province are different.

Legal Analysis: Claimable Workers' Compensation:

1. After the employee dies due to work, the compensation items include: funeral expenses, pension for dependent relatives, and one-time work-related death subsidy.

2. After an employee suffers a work-related injury, the compensation bureau mainly includes: medical expenses, hospital meal subsidies, transportation and accommodation expenses, assistive device expenses, wages during the period of suspension of work, living care expenses, disability subsidies, disability allowances, one-time medical subsidies for work-related injuries and disability employment subsidies.

Obtaining compensation for the work's work

After the accident, the injured employee should be identified in a timely manner, and the work-related injury determination is the first step in the compensation of work-related injury insurance. When an employee encounters a dispute in the process of work-related injury claims, he or she should resolve it through legal channels.

Legal basis: Article 21 of the Regulations on Work-related Injury Insurance If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be evaluated for his or her ability to work.