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How much should I pay for the injury without disability?

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How much should I pay for the injury without disability?


        

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  • 2024-06-10 09:00:48

    At this time, the company needs to pay the employees the related expenses during hospitalization, as well as the wages during downtime. If there is no disability after industrial injury appraisal, then this cost cannot be compensated by industrial injury insurance. It is usually the necessary hospitalization expenses paid by the company to employees.

    List of contents of this article:

    1. How much is the compensation for work-related injuries without disability? 2. How to compensate for the later expenses of industrial injury compensation? 3. The injured employee must have a labor relationship with the employer (signing a labor contract or having a de facto labor relationship).

    How much is the compensation for work-related injuries without disability?

    The employee's work-related injury has no disability level, and the unit needs to pay the employee's care expenses during hospitalization and the wages during the shutdown period.

    According to Article 39 of the Social Insurance Law, the following expenses incurred due to work-related injuries shall be paid by the employer in accordance with national regulations:

    (1) Wages and benefits during 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.

    If an employee needs to suspend work to receive medical treatment for work-related injury due to accident injury or occupational disease at work, his/her original salary and welfare will remain unchanged during the pay retention period, and the unit to which he/she belongs will pay him/her monthly.

    The downtime leave with salary period is generally not more than 12 months. If the injury is serious or the situation is special, it can be extended appropriately after being confirmed by the labor capacity appraisal committee of the city divided into districts, but the extension shall not exceed 12 months. After assessing the level of disability, the injured workers shall stop paying their original benefits and enjoy disability benefits in accordance with the relevant provisions of this Chapter. If the injured workers still need treatment after the period of suspension with salary expires, they shall continue to enjoy medical treatment for work-related injuries.

    If an injured worker who is unable to take care of himself or herself needs nursing care during the period of suspension with pay, the unit to which he or she belongs shall be responsible.

    How to compensate for the later expenses of industrial injury compensation?

    According to different levels of disability, the compensation items are different, mainly including: medical expenses, one-time disability subsidies, one-time employment subsidies, one-time medical subsidies, wages in the pay leave period for work stoppage, food subsidies, nursing fees, etc. Whether all the above are compensated by the unit shall be handled according to the actual situation:

    1. If the unit has paid the work-related injury insurance, except for the wages during the pay off period and the one-time employment subsidies that need to be paid by the company, other items are generally paid by the work-related injury insurance. Of course, if the social insurance base paid by the company is lower than the wage standard of workers, resulting in a difference, the corresponding difference should be borne by the unit;

    2. If the unit does not open an account for workers' work-related injury insurance, all compensation involved shall be borne by the unit;

    3. If the unit has handled the registration of work-related injury insurance on behalf of the worker but failed to pay the insurance premium, and can make up in time after the worker suffers work-related injury, the new expenses incurred after the payment shall be borne by the social security department and the company through consultation, and those incurred before the payment shall be borne by the unit.

    The injured employee must have a labor relationship with the employer (signing a labor contract or having a de facto labor relationship).

    According to the provisions of the Notice of the Ministry of Labor and Social Security on Matters Related to the Establishment of Labor Relations, the employer can refer to the following vouchers when determining whether there is a labor relationship between the two parties without signing a labor contract with the worker:

    1. Salary payment certificate or record (payroll of employees), record of payment of various insurance premiums;

    2. The work card, service card and other certificates issued by the employer to the workers that can prove their identity;

    3. Employment records such as recruitment registration form and application form of the employer filled by the laborer;

    4. Attendance records;

    5. Testimony of other workers, etc.

    The employer shall bear the burden of proof for the relevant vouchers in Items 1, 3, 4 and 4. If a dispute arises between a worker and an employer over whether there is a labor relationship, they may apply to the labor dispute arbitration committee with jurisdiction for arbitration.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

    Wu***

    2024-06-10 09:00:48

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