How much is the compensation for a general work related injury?

Updated on healthy 2024-08-04
5 answers
  1. Anonymous users2024-02-15

    Generally, the amount of compensation for injured foot injuries should be paid according to the injury appraisal.

    The compensation items for employees who cause general injuries in the course of work but do not reach the disability include medical expenses, lost work expenses, food allowance during the hospitalization of the injured person, living care expenses, wages during the work-related injury, transportation, accommodation and other expenses. Medical expenses are determined on the basis of the receipt vouchers for medical expenses, hospitalization fees, etc., issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.

    The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance. The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.

    Lost time pay is determined based on the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

    If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years. Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

    Article 14 of 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) 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) 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) 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.

  2. Anonymous users2024-02-14

    Compensation for general injuries caused (not reaching disability), medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses.

    [Legal basis].Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury determination:

    1) Application form for determination of work-related injury;

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

    3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

    The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

    Where 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 in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the labor and social security administrative department shall accept the application.

  3. Anonymous users2024-02-13

    Compensation for injured foot injuries is based on the standard of ordinary injuries. The compensation items for work-related injury claims are as follows: (1) Compensation for causing general injury (failure to achieve disability):

    Medical expenses, food allowance for the injured during hospitalization, living care expenses, wages during the work-related injury, transportation and accommodation expenses. (2) Compensation for disability: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, and one-time disability employment subsidy.

    Legal basis: Article 2 of the "Regulations on Work-related Injury Insurance" The term "illegal employment unit personnel" in these measures refers to the employees who are injured by accidents or suffer from occupational diseases in units without business licenses or without registration and filing in accordance with the law, as well as those who have been injured by accidents or suffer from occupational diseases in units whose business licenses have been revoked or whose registration or filing has been revoked in accordance with the law, or child laborers who are disabled or die caused by the use of child labor by the employer.

    The units listed in the preceding paragraph shall, in accordance with the provisions of these Measures, give a one-time compensation to the close relatives of the disabled or deceased employees, or the close relatives of the disabled or deceased child workers.

    Article 3 of the Regulations on Work-related Injury Insurance includes the expenses and one-time compensation for employees or child laborers who are injured by accidents or suffer from occupational diseases. The amount of the lump sum compensation shall be determined after the death of an employee or child worker who has been injured in an accident or suffered from an occupational disease or has been evaluated for his or her ability to work.

    In accordance with the principle of territoriality, the labor ability appraisal committee of the city divided into districts where the unit is located shall handle it. The cost of labor ability appraisal shall be paid by the employer where the employee or child laborer is employed.

    Article 4 of the Regulations on Work-related Injury Insurance If an employee or child worker is injured by an accident or suffers from an occupational disease, the living expenses during the period before the appraisal of labor ability shall be determined in accordance with the average monthly wage standard of the employee in the overall area in the previous year, and the expenses such as medical expenses, nursing expenses, food subsidies during hospitalization and transportation expenses shall be determined in accordance with the standards and scope stipulated in the Regulations on Work-related Injury Insurance, and shall be paid by the unit where the disabled employee or child laborer is located.

  4. Anonymous users2024-02-12

    If an employee breaks his foot due to a work-related injury, he or she needs to go through a work-related injury appraisal to determine the level of disability, so the compensation standard for different work-related injury and disability levels is different. Mainly compensate for the medical expenses and expenses of the work-related injury; Hospitalization meal subsidy; Transportation, accommodation and transportation expenses for medical treatment outside the co-ordination area; the cost of installing and configuring disability assistive devices; If they are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee. It is necessary to analyze specific problems on a case-by-case basis.

    Please contact your local labor administration for details.

    [Legal basis].Full text of "Disability Levels of Work-related Injuries and Occupational Diseases of Employees".

    Article 30 of the Regulations on Work-related Injury Insurance 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**.

    Article 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.

  5. Anonymous users2024-02-11

    Summary. Dear, I am happy to answer for you: whether there is a fracture in the foot of a general work-related injury, the general compensation is 3,000 to 10,000 yuan, and the general compensation for fractures is about 10,000 to 50,000 yuan.

    Dear, very high royal sedan chair Xing for you to answer: with a similar work-related injury foot is not a fracture, the general normal compensation is 3,000 to 10,000, and the general compensation for fractures is about 10,000 to 50,000.

    [Legal basis].The Social Insurance Law and the Regulations on Work-related Injury Insurance "The legal basis for claiming compensation for work-related injuries is the Social Insurance Law and the Regulations on Work-related Injury Insurance. If the work-related injury is determined to be a work-related injury, it 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. If the employer to which the employee works fails to pay work-related injury insurance premiums in accordance with the law, and the work-related injury accident occurs on land, the employer shall pay the work-related injury insurance benefits.

    If the employer does not pay, the socks shall be paid in advance from the work-related injury insurance**, and then repaid by the employer.

    It is a temporary worker, not a regular employee in the factory.

    Temporary workers are also in an employment relationship, and injuries sustained while working at a factory are considered work-related injuries.

    Is it troublesome to go through workers' compensation.

    You first negotiate with the factory owner not to compensate for the work-related injuries on the road. First of all, it must be proved that he was injured at work. If you have a witness or monitor, you will definitely need to take the work-related injury if you want to compensate for the work-related injury, and if you don't go to the work-related injury, the other party can only bear the suspicion yourself.

    If you don't compensate for the work-related injury, then you don't have to go for the work-related injury, right?

    Yes, the other party will compensate for the work-related injury, the other party does not pay money, and you sue the court for the work-related injury.

    In such a case, the approximate compensation will be paid.

    Do you have a broken foot sprain? Or is it a normal sprain?

    I haven't been to the hospital for a check-up, and I can't get to the ground anyway.

    The other party will pay thousands of compensation, and then you have problems with your feet, in order to pay more compensation, you must go to the hospital for examination, and after the examination, you will pay more compensation according to the work-related injury.

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