Worker's Compensation

Compensation standard for work-related injury

Compensation standard for work-related injury It must be divided into two situations: general injury and disability. Compensation for general injuries includes medical treatment, food allowance, transportation expenses, board and lodging expenses, etc; Including life in the case of disability Nursing expenses , different Disability level The treatment is also different.

I Medical expenses

1. The expenses required for the treatment of work-related injuries meet employment injury insurance If the list of diagnosis and treatment items, the list of drugs for industrial injury insurance, and the hospitalization service standards for industrial injury insurance are provided, they shall be paid from the industrial injury insurance fund. The catalogue of diagnosis and treatment items of industrial injury insurance, the catalogue of drugs for industrial injury insurance, and the hospitalization service standards for industrial injury insurance shall be formulated by the labor and social security administrative department of the State Council in conjunction with the health administrative department, the drug supervision and administration department and other departments of the State Council.

2. The handling institution shall sign a service agreement with the medical institution and the auxiliary appliance allocation institution on the basis of equal consultation, and publish the list of medical institutions and auxiliary appliance allocation institutions that have signed the service agreement. The specific measures shall be formulated by the labor and social security administrative department of the State Council jointly with the health administrative department and the civil affairs department of the State Council.

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2、 Rehabilitation expenses

At the time of compensation, if the party concerned has not recovered and it is really necessary to continue the treatment, the necessary expenses can be determined according to the medical certificate or expert conclusion, and the compensation can be made together with the medical expenses already incurred.

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Work injury compensation items

I Work injury compensation items

（1） Treatment (medical) expenses.

（2） Food allowance for hospitalization.

(III) Transportation expenses, board and lodging expenses for medical treatment in other places.

(IV) Rehabilitation treatment fee.

(V) Auxiliary equipment cost.

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II Grade 9 industrial injury Compensation items

（1） Medical expenses

（2） Hospitalized food allowance, transportation, board and lodging expenses

（3） Auxiliary equipment cost

(IV) Suspension with salary wages

（5） Nursing expenses during the suspension period with salary

(VI) One off disability benefit

（7） One time occupational injury medical subsidy and one time disability employment subsidy

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Calculation method of industrial injury compensation

1、 Circumstances in which the victim did not die

1. Medical expenses

Medical expenses=diagnosis and treatment amount+drug amount+inpatient service amount

Rehabilitation treatment fee=medical fee=diagnosis and treatment amount+drug amount+inpatient service amount

2. Hospitalized food allowance

Hospitalized food allowance=food allowance standard for business trip × number of people × days × 70%

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2、 Situation of the victim's death

1. Funeral allowance

Funeral subsidy=average monthly salary of employees in the planning area of the previous year × 6

2、 Pensions for dependent relatives

Spouse's monthly pension=employee's monthly salary × 40%

The monthly pension for widowed and widowed spouses=the monthly salary of the deceased employee × (40%+10%)

Monthly pension for other relatives=monthly salary of the deceased employee × 30%

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Legal basis for industrial injury compensation

《 Regulations on Work Injury Insurance 》Workers' Compensation Clause

Chapter V Industrial Injury Insurance Benefits 　

Article 29 Employees are injured or suffering from accidents due to work Occupational Diseases Treat and enjoy Medical treatment for work-related injuries 。 　　

When treating work-related injuries, employees shall seek medical treatment in the medical institution that has signed the service agreement. In case of emergency, they can first go to the nearest medical institution for first aid. 　　

If the expenses needed for the treatment of work-related injury meet the diagnostic and treatment items catalogue of work-related injury insurance, the pharmaceutical catalogue of work-related injury insurance, and the hospitalization service standards of work-related injury insurance, they shall be paid from the work-related injury insurance fund. The catalogue of diagnosis and treatment items of industrial injury insurance, the catalogue of drugs for industrial injury insurance, and the hospitalization service standards for industrial injury insurance shall be formulated by the labor and social security administrative department of the State Council in conjunction with the health administrative department, the drug supervision and administration department and other departments of the State Council. 　　

If an employee is hospitalized for treatment of work-related injury, his/her unit shall pay 70% of the food allowance standard for business trips to the hospital; With the certificate issued by the medical institution and the consent of the handling institution, if the injured employees go to the medical service outside the planned area, the transportation, board and lodging expenses required shall be reimbursed by the unit according to the standard for business trip of the employees of the unit. 　　

Workers with work-related injuries who treat diseases not caused by work-related injuries do not enjoy medical treatment for work-related injuries medical insurance Methods.

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Limitation of action for industrial injury compensation

In practice, many employees who are injured at work are not familiar with labor laws and regulations, especially the Regulations on Industrial Injury Insurance, and their own interests are not effectively protected from time to time. The limitation of action is one of the most basic and easily neglected aspects. Some employees who have been injured by accidents at work and identified as work-related injuries often have to give up the right to sue because "the appeal time limit has expired".

If a dispute arises due to the treatment of work-related injury insurance, the time limit for appeal is 60 days. That is to say, the injured workers should report to the local government Labor dispute arbitration The Commission submitted a written application, asking the unit to give them the benefits of work-related injury insurance according to law. Once this time has passed without "other legitimate reasons", the Arbitration Commission will not accept it, and the rights and interests of work-related injury workers will be difficult to protect.

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