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How to settle a claim for employee's work-related injury of level 10 of employer liability insurance? What are the benefits of employees?

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How to settle a claim for employee's work-related injury of level 10 of employer liability insurance? What are the benefits of employees?


        

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  • 2024-06-13 18:00:56

    How to settle a claim for employee's work-related injury of level 10 of employer liability insurance? What are the benefits of employees?
    How to settle a claim for employee's work-related injury of level 10 of employer liability insurance? What are the benefits of employees? 1、 Employer's liability insurance claims shall be applied to the insured unit and claim compensation according to the contract. The beneficiary of the compensation is the company, which has nothing to do with the employees. The company can use this part of the expenses to pay compensation for employees' work-related injuries. 2、 The employer liability insurance does not affect the standard of work-related injury treatment of employees. Ten level disability compensation for work-related injuries: medical expenses: determined according to the invoices of medical institutions. Wages during the suspension period with pay: the wages and benefits during the period shall be paid according to the original wages and benefits. The original wages refer to the average wages of the 12 months before the injury. Nursing expenses and food allowance during hospitalization: premise: hospitalization; Determined according to local standards. One time disability subsidy: 7 months' salary. One time medical subsidy for work-related injury and one time disability employment subsidy: premise: to terminate or terminate labor relations, the specific standards shall be stipulated by the people's government of the province, autonomous region and municipality directly under the Central Government. If the employer has paid social insurance, the medical expenses that meet the standards, food subsidies during hospitalization, one-time disability subsidies, and one-time medical subsidies for work-related injuries shall be paid by the work-related injury insurance fund; The employer shall pay the wages for the rest of the work with pay, nursing expenses during hospitalization, medical expenses that do not meet the standards, and one-time disability employment subsidies. If the employer fails to pay the work-related injury insurance, the employer shall bear all responsibilities. Legal basis: Article 37 of the Regulations on Work related Injury Insurance, if an employee is identified as a Grade 7 to Grade 10 disability due to work-related disability, he or she shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid from the work related injury insurance fund according to the disability level. The standard is: Grade 7 disability is my salary for 13 months, Grade 8 disability is my salary for 11 months, and Grade 9 disability is my salary for 9 months, Grade 10 disability is 7 months' salary; (2) If the labor or employment contract expires or the employee himself proposes to terminate the labor or employment contract, the one-time medical subsidy for work-related injury shall be paid by the work-related injury insurance fund, and the one-time employment subsidy for disability shall be paid by the employer. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disabled persons shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Article 62 If an employing unit fails to take part in the work-related injury insurance as required by these Regulations, the social insurance administrative department shall order it to take part in the work-related injury insurance within a time limit, make up for the work-related injury insurance premiums that should be paid, and charge an overdue fine of 5/10000 per day from the date of default; If it still fails to pay within the time limit, it shall be fined not less than one time but not more than three times the amount of arrears. If an employee of an employing unit who is required to participate in industrial injury insurance but fails to participate in industrial injury insurance according to the provisions of these Regulations suffers from industrial injury, the employing unit shall pay the expenses according to the treatment items and standards of industrial injury insurance as prescribed by these Regulations. After the employer participates in the industrial injury insurance and makes up the payable industrial injury insurance premium and overdue fine, the newly incurred expenses shall be paid by the industrial injury insurance fund and the employer in accordance with the provisions of these Regulations. Article 38 of the Social Insurance Law, the following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance fund in accordance with State regulations: (1) medical expenses and rehabilitation expenses for treatment of work-related injuries; (2) Hospitalized food allowance; (3) Transportation, board and lodging expenses for medical treatment outside the planned area; (4) Expenses for installing and configuring disability aids; (5) The living nursing fees confirmed by the labor capacity appraisal committee for those who cannot take care of themselves; (6) A one-time disability subsidy and a monthly disability allowance for disabled workers at the first to fourth levels; (7) The one-off medical subsidy that should be enjoyed when the labor contract is terminated or dissolved; (8) In case of death due to work, the funeral subsidies, pensions for supporting relatives and subsidies for death due to work received by the survivors; (9) Labor capacity appraisal fee. Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with State regulations: (1) wages and benefits during the treatment of work-related injuries; (2) The disability allowance received by the disabled staff and workers of Grade V and VI on a monthly basis; (3) The one-off disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved. Do you understand this explanation?

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