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How much is the cost of work-related injury care stipulated in the Labor Law? How to calculate?

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How much is the cost of work-related injury care stipulated in the Labor Law? How to calculate?


        

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  • 2024-06-14 16:01:41

    Nursing expenses shall be negotiated between the enterprise and the injured employees or their families, and the minimum shall not be lower than the local minimum wage standard. The calculation standard is 50%, 40% or 30% of the average monthly salary of employees in the last year in the overall planning area.
    1、 According to Article 34 of the Regulations on Work related Injury Insurance, if an injured worker has been assessed as disabled and confirmed by the Labor Capacity Appraisal Committee to need life care, the living care fee shall be paid monthly from the work related injury insurance fund.
    2、 The living care fee shall be paid according to three different levels: totally unable to take care of themselves, mostly unable to take care of themselves or partially unable to take care of themselves. The standard is 50%, 40% or 30% of the average monthly salary of employees in the last year in the overall planning area.
    3、 The degree of nursing dependence can be divided into three levels: complete nursing dependence refers to those who cannot take care of themselves completely, and all the above five items need nursing; Most nursing dependence refers to those who cannot take care of themselves for most of their lives, and three of the above five items need nursing; Partial nursing dependence refers to those who cannot take care of themselves in part of life and need nursing care in one of the above five items.
    4、 According to Article 29 of the Regulations on Work Injury Insurance, if an injured worker needs nursing care during the period of suspension with salary or treatment for recurrent work injury, the employer shall be responsible for nursing care or pay nursing fees on a monthly basis with the certificate of the medical institution. The standard of nursing fee is 80% of the average monthly salary of employees in the last year in the overall planning area. Among them, if they have enjoyed living care fees, the employer shall pay the difference between the nursing fees and living care fees during the treatment of recurrent work-related injuries.
    To sum up, have your questions been answered!

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