How to compensate for accidents caused by work injuries

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

Hello, according to your description, it should be a work injury. You can claim from your father's company, including medical expenses, nursing expenses, lost work expenses, transportation expenses, etc. It is recommended to keep all kinds of medical documents and tickets, etc., which can be used as evidence in court in the future.

It is recommended to consult a lawyer for specific situations, so that professionals can help you fight for the most rights in the shortest time!

Determination of work-related injuries] The Regulations on Work-related Injury Insurance stipulate that if an employee is injured in an accident, the employer shall submit an application for work-related injury recognition to the labor and social security department within 30 days from the date of occurrence of the accident.

If the employer does not submit an application for recognition of work-related injury, the injured employee, his or her immediate family members, or the trade union organization may directly apply to the labor and social security department where the employer is located for recognition of work-related injury within one year from the date of occurrence of the accident injury.

The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for work-related injury recognition (collected by the local labor department);

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate (including copies of outpatient medical records, emergency medical records, and inpatient medical records);

Within 60 days from the date of receipt of the application for work-related injury determination, the labor and social security department shall issue a "Work-related Injury Determination" and notify the unit, the employee or his or her relatives. Employees can apply for work-related injury disability appraisal and enjoy work-related injury benefits with the "Work-related Injury Certificate".

1. The relevant unit shall submit a work-related injury report to the local labor administrative department within 30 days from the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease.

2. It shall be reviewed by the Labor Ability Appraisal Committee. For eligible applications, the appraisal committee will make a conclusion within 60 working days; According to the results of the work-related injury appraisal, the injured person can be compensated for the relevant losses caused by the work-related injury.

3. After the work-related injury appraisal, the compensation amount can be calculated according to the appraisal standard. If the unit has work-related injury insurance, the national work-related injury insurance institution may directly issue work-related injury insurance benefits according to the standards. If not, it will be resolved through negotiation with the employer according to the standards.

4. If the applicant is dissatisfied or dissatisfied with the compensation result, he or she may initiate arbitration proceedings in accordance with the provisions of the Labor Arbitration Law. Those who are dissatisfied with labor arbitration may file a lawsuit with the court.

Legal basis: Article 20 of the Regulations on Work-related Injury Insurance: 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.

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.

In the event of a work-related accident, a worker can obtain the following work-related injury insurance benefits from the work-related injury insurance** in accordance with the law: a one-time disability subsidy and a monthly disability allowance for employees with disabilities of grades 1 to 4; medical expenses and ** expenses; Disability Assistive Devices; For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; Other.

Legal basisArticle 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) 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.

Compensation for work-related accidents is as follows:

1. First apply for work-related injury identification, then do labor ability appraisal, and claim compensation according to the appraisal results;

2. If the employer does not submit an application for recognition of work-related injury, 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 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;

3. Failure to sign a labor contract is an illegal act, and relevant evidence can be collected, such as salary slips, punch-in records, work uniforms, work information, witness testimony, audio recordings, etc., which can prove the existence of labor relations, and require the unit to pay double the wages of the unsigned labor contract;

4. During the period of suspension of work and salary, the original salary and benefits shall remain unchanged and shall be paid by the employer on a monthly basis, and the employer shall not dissolve or terminate the labor relationship with the employer during the period of suspension of work and salary;

5. Work-related injury compensation includes:

1) Medical expenses, wages during the period of suspension of work, hospital meal allowance, nursing expenses, transportation expenses, accommodation expenses, one-time disability allowance, and one-time employment subsidy and one-time medical subsidy if the labor relationship is terminated;

2) The specific amount shall be determined in combination with the salary of the person and the average monthly salary of the employee in the province in the previous year.

Legal basisArticle 17 of the Regulations on Work-related Injury Insurance.

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 Control of Occupational Diseases, the unit to which he or she 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 occupational disease allergy, 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 an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

After the accident injury occurs, the unit shall, within 30 days from the date of the accident injury, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. After the determination is confirmed, the work-related injury appraisal can be applied for, and the compensation can be calculated finally.

The amount of compensation is calculated based on the following:

1) Medical expenses. **The cost of work-related injury must meet the requirements of the work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug list, and the work-related injury insurance hospitalization service standards.

2) Hospitalization meal subsidy; If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the standard of food allowance for business trips of the unit.

3) Transportation, room and board expenses for medical treatment in other places.

4) **** fee.

5) Assistive device fee.

6) Wages for the period of suspension of work.

7) Living care expenses.

8) One-time disability allowance.

9) Disability allowance.

10) One-time disability employment subsidy and one-time medical subsidy for work-related injuries.

11) Funeral grants.

12) Pension for dependent relatives.

13) One-time work-related death allowance.

After calculating the amount of compensation, if the unit has taken out work-related injury insurance, the national work-related injury insurance agency will directly issue work-related injury insurance benefits according to the standard. If they are not insured, they will negotiate with the employer to settle the problem according to the standards.

1. What is the process of work-related injury identification?

1. The employer shall, within 30 days from the date on which the accident occurs or the employee is diagnosed or appraised as an occupational disease, submit an application to the labor and social security administrative department for recognition of work-related injury;

2. If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, the injured employee, his immediate family members, or the trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease, submit an application for recognition of work-related injury to the labor and social security administrative department;

3. If the materials provided by the applicant for work-related injury determination are incomplete, the labor and social security administrative department shall inform the applicant of all the materials that need to be supplemented and corrected at one time on the spot or within 15 working days in writing;

4. If the application materials provided by the applicant for work-related injury determination are complete, within the jurisdiction of the labor and social security administrative department and within the time limit for acceptance, it shall be accepted, and a decision on work-related injury determination shall be made within 60 days from the date of acceptance of the application for work-related injury determination.

The compensation for work-related accidents includes the food subsidy for the work-related injury of the employee who is hospitalized**, as well as the transportation, accommodation and food expenses required for the injured employee to seek medical treatment outside the overall area with a certificate issued by the medical institution and approved by the handling agency, and the cost of installing assistive devices for daily life or employment.

Article 30 of the Regulations on Work-related Injury Insurance stipulates that workers who are injured in an accident or suffer from an occupational disease due to their 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. 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. Article 32 of the Regulations on Work-related Injury Insurance stipulates that an injured employee may be fitted with prostheses, orthoses, prosthetic eyes, dentures, wheelchairs and other assistive devices due to the needs of daily life or employment, confirmed by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance ** in accordance with the standards prescribed by the state.