How to compensate for a work related accident? What are the standards?

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The calculation standards for compensation for work-related accidents are as follows: (1) Treatment (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. (3) Transportation expenses, 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.

Wait a minute. Legal basis: Article 30 of the Regulations on Work-related Injury Insurance provides that employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Returning employees who are injured at work shall seek medical treatment in the medical institution that has signed the 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 of the National Hunger Institute, 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 certificate of return issued by the medical institution and the consent of the handling agency, the transportation, accommodation and accommodation expenses required for the injured employee to seek medical treatment outside the overall planning area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the overall planning 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**.

Work-related accident compensation items include medical expenses, lost work expenses, nursing expenses, hospital meal allowances, disability allowances, etc.

The amount of compensation for work-related accidents shall be calculated in accordance with the relevant national regulations such as the "Statistical Standards for the Economic Losses of Enterprise Employees". Migrant workers who have applied for work-related injury insurance shall be compensated by the work-related injury insurance unit in accordance with national policies; Migrant workers who have applied for accident injury insurance shall be compensated by the insurance company in accordance with the terms of the insurance, and the construction enterprise shall bear the shortfall. If there is no insurance, the compensation for migrant workers' work-related injuries shall be borne by the construction enterprise.

1. The standard of treatment of one-time work-related death allowance.

1. If a disabled employee dies due to a work-related injury during the period of suspension of work and salary, his immediate family members shall enjoy the funeral subsidy, the pension for dependent relatives, and the one-time work-related death subsidy as provided for in the first paragraph of this article.

2. If a disabled employee of the first to fourth grades dies after the expiration of the period of suspension of work with pay, his immediate family members may enjoy the funeral subsidy provided for in item (1) of the first paragraph of this article and the pension for dependent relatives as provided for in item (2).

3. If an employee has an accident or is missing during the rescue and disaster relief due to work, the salary shall be paid within 3 months from the month of the accident. From the 4th month onwards, wages will be suspended, and the worker's compensation will be paid to the dependent relatives on a monthly basis by the work-related injury insurance**.

If you have difficulties in life, you can advance 50% of the one-time work-related death allowance.

4. If an employee is declared dead by the people's court, it shall be handled in accordance with Article 37 of the Regulations on Work-related Injury Insurance (Article 39, not Article 37 of the Regulations on Work-related Injury Insurance).

2. Measures for one-time compensation for the personnel of illegal employers.

"Personnel of illegal employment units" refers to employees who are injured by accidents or suffer from occupational diseases in units that do not have a business license or have not been registered or filed in accordance with the law, as well as employees who have suffered from 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 who are disabled or killed 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.

The lump sum compensation includes the expenses and lump sum compensation for the period of the employee or child worker who is injured by an accident or suffers from an occupational disease. 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.

Regarding the standard of one-time compensation for employees who died in work-related accidents, if the deceased is recognized as a work-related injury, he can receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy, and the specific standards are as follows:

Article 39 of the Regulations on Work-related Injury Insurance stipulates that if an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

1. The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

2. The pension for dependent relatives shall be paid to the relatives who provided the main living allowance and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department;

3. The standard of one-time work-related death subsidy is 20 times the per capita disposable income of urban residents in the previous year.

1. Medical expenses: diagnosis and treatment amount + drug amount + hospitalization service amount (the calculation of the above items is based on the work-related injury insurance diagnosis and treatment project catalog, work-related injury insurance drug catalog, and work-related injury insurance hospitalization service standards).

2. Hospitalization meal subsidy: 70% of the food subsidy standard (yuan, person, day) of the victim's unit for business trips.

3. Transportation and accommodation expenses: the standard number of round-trips for business trips of the victim's unit + the number of days of accommodation expenses for business trips + the number of days of food expenses for business trips.

It is applicable to injured workers to seek medical treatment outside the overall planning area.

It shall first be certified by a medical institution and approved by the work-related injury insurance agency.

Necessary transportation, accommodation, and expenses incurred by the necessary escort are also calculated accordingly.4 Assistive device fee, reasonable cost of generally applicable equipment (see the corresponding criteria in Road Traffic Accident Compensation).

4. Living care expenses:

Those who are completely unable to take care of themselves: 50% of the average monthly salary of employees in the overall area in the previous year

Most of the people who cannot take care of themselves in life: 40% of the average monthly salary of employees in the overall area in the previous year

Those who are unable to take care of themselves in the living part: 30% of the average monthly salary of employees in the overall area in the previous year

Living care expenses are paid on a monthly basis and are to be adjusted by the labor and social security administrative department of the coordinating region in a timely manner, and the calculation period may refer to the judicial interpretation of the Supreme People's Court on personal injury compensation.

There are no specific provisions on the distinction between the three levels of care, which can be determined with reference to the Trial Measures for Work-related Injury Insurance for Employees of Enterprises and the relevant provisions of the Supreme People's Court's judicial interpretation on compensation for personal injuries.

1.Labor ability appraisal (work-related injury disability grade appraisal) and personal injury compensation appraisal are two completely different appraisals, and it is recommended to choose to apply for labor ability appraisal (work-related injury disability grade appraisal) after passing the work-related injury appraisal. 2.

The principle of no-fault liability applies to work-related injuries, that is, the employee is not held liable for fault (except for suicide, self-harm, drunkenness, and drug abuse). In general, personal injury compensation is divided according to the degree of fault of both parties. 3.

In addition, for the same type of injury, the level of disability of the work-related injury is more favorable to the injured person than the disability level of the personal injury, and the amount of compensation for the work-related injury is higher than the compensation for the personal injury. In addition, there is no distinction between urban and rural residents in work-related injury cases, and the compensation standard for general personal injury compensation cases should be calculated according to urban residents or rural residents.