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Disabled for life, it was private before, and now it is a suicide, is the law still valid?
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Legal analysis: If the injury is recognized as a work-related injury, the employee can enjoy the following work-related injury benefits: (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 wages shall be paid according to the original treatment; (3) The unit shall be responsible for the need for nursing care during the period of suspension of work and pay; (4) The food subsidy during the hospitalization shall be paid according to the standard of the place where the injured employee is located; (5) If the person is disability of grade 1-10 after the appraisal of his or her working ability, he or she can also enjoy disability allowance (grade 1-6 disability), one-time disability subsidy, one-time medical subsidy for work-related injury (received after the disability of grade 5-10 is terminated) and one-time disability employment subsidy (received after the disability of grade 5-10 is terminated).
The specific amount needs to be calculated in detail according to the materials.
Legal basis: Social Insurance Law of the People's Republic of China
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.
Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.
The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.
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Legal Analysis: For work-related injuries, the company bears the work-related injury insurance liability. Work-related injury insurance benefits include:
1.medical expenses, equipment and equipment expenses; 2.wages during the period of suspension of work; 3.
nursing fees; 4.food allowance and transportation expenses during hospitalization; 5.Workers' Compensation Lump Sum:
One-time disability subsidy, one-time medical subsidy for work-related injury, and one-time disability employment subsidy.
Legal basis: Article 17 of the Regulations on Work-related Injury Insurance Article 17 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 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 immediate family members 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 an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security 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.
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Compensation process: 1. In this case, it is generally a work-related injury.
2. You can apply for recognition of work-related injuries.
3. After the work-related injury is identified, if the disability is constituted, the disability level can also be assessed.
4. After the disability level is released, you can apply to the arbitration commission for an award and ask the employer to pay compensation.
Scope of compensation: (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 ** in the sales bureau), the wages shall be paid according to the original treatment; (3) The unit shall be responsible for the need for nursing care during the period of suspension of work and pay; (4) The food subsidy during the period of residence in the Lingxian Hospital shall be paid according to the standard of the place where the injured employee is located; (5) If the person is disabled at grade 1-10 by the appraisal of his or her working ability, he or she can also enjoy disability allowance (grade 1-6 disability), one-time disability subsidy, one-time medical subsidy for work-related injuries (received after the contract is terminated for grade 5-10 disability) and one-time disability employment subsidy (received after the contract is terminated for grade 5-10 disability). The specific amount needs to be calculated in detail according to the materials.
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The amount of compensation depends on the level of disability assessment, so it is recommended to find local legal assistance or a professional lawyer to calculate it.
This situation is considered a work-related injury if the employee is at work. Whether it is resting, on the way to work and on the way to and from work, it is a work-related injury. Therefore, although you have a lunch break in this case, but the injury is also a work-related injury, if the circumstances are serious, you can go to the appraisal and then claim compensation.
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