Hello, according to the relevant laws and regulations, in case of such a situation, we should first determine whether it can constitute an industrial injury. Section
1、 If it can not constitute an industrial injury, compensation will be made according to personal injury, and the scope and amount of compensation will depend on your actual loss; Section
2、 If it can constitute work-related injury, compensation shall be made according to relevant work-related injury compensation items. However, disability identification is required. If a certain disability level can be reached, the specific compensation scope and amount will be calculated according to the corresponding disability level; If it does not reach the level of disability, it can be compensated according to the general industrial injury compensation items. Section
3、 The compensation in the above two ways is related to your actual salary and working hours. It is recommended that you collect relevant supporting materials. Section
4、 The compensation items for industrial injury claims are as follows:
1. Compensation for ordinary injury (not reaching disability)
Medical expenses, food allowance, nursing expenses, work delay expenses, transportation and accommodation expenses of the injured during hospitalization.
2. Compensation for disability
Medical expenses, food subsidies, nursing expenses, lost time expenses, transportation and accommodation expenses, auxiliary equipment expenses, one-time disability subsidies, one-time industrial injury medical subsidies, one-time disability employment subsidies.
3. Compensation for death
Funeral subsidies, one-off casualty subsidies, pensions for supporting relatives.
4. Unknown whereabouts of employees
The compensation items for employees who go out or whose whereabouts are unknown during rescue and disaster relief shall be determined according to different situations. If the employee has not been declared dead, the compensation items available to his immediate family members include: pension for supporting relatives, 50% of the one-time death allowance (for those who have difficulties in living); If an employee is declared dead, the compensation items available to his or her immediate family members include funeral expenses, pension for supporting relatives, and one-time death allowance.
The above is my answer to your question. I hope it can help you. If you have other problems or need legal help, you can talk about the specific situation by phone or in person.
