Legal analysis: I. Medical expenses
Medical expenses are reimbursed in real terms, including medical expenses during hospitalization, rehabilitation training, and recurrence of work injury.
1, the employee treatment of work-related injuries should be in the signing of the service agreement of the medical institutions, in case of emergency, you can first go to the nearest medical institution first aid.
2. If the expenses required for the treatment of work-related injuries are in line with the catalog of diagnostic and treatment items of work-related injuries insurance, the catalog of medicines of work-related injuries insurance, and the standard of hospitalization services of work-related injuries insurance, they shall be paid from the Workers' Compensation Insurance Fund.
2. Hospitalization meal allowance, transportation, accommodation and food expenses
1. Hospitalization meal allowance is equal to the local standard multiplied by the number of days of hospitalization, which is less than 70% of the standard of meal allowance of the unit where the patient is staying on business trip (it can be referred to the standard of meal allowance of 10-20 yuan per person per day of business trip of the state staff).
2, by the medical institution issued a certificate, reported to the agency agreed to go outside the coordinated area to seek medical treatment can be asked to pay the transportation costs, room and board; transportation costs according to local standards;
room and board is equal to the local standard multiplied by the number of people multiplied by the number of days.
Third, the cost of auxiliary aids
1, the injured worker, due to the needs of daily life or employment, confirmed by the Labor Capacity Appraisal Committee, can be fitted with prosthetic limbs, orthopedic appliances, false eyes, false teeth and wheelchairs and other auxiliary aids;
2, auxiliary aids costs with reference to the local standards of auxiliary aids for the injured worker and the limit of the cost of the items;
four, the work stoppage Nursing fees during the period of leave without pay
If an injured worker who cannot take care of himself needs nursing care during the period of leave without pay, his unit shall be responsible for it.
V. Wages during the period of suspension without pay
1. Wages during the period of suspension without pay = the employee's original wages and benefits
2. The length of the period of suspension without pay is determined by reference to the local catalog of the period of suspension without pay or by the Labor Capacity Appraisal Committee, with the determination of the department and procedures in accordance with local regulations.
3. The period of stay without pay is generally not more than 12 months. If the injury is serious or the situation is special, it shall be confirmed by the Labor Capacity Appraisal Committee at the municipal level of the district.
Six, one-time disability benefits
One-time medical benefits for work-related injuries (termination of the contract period, I proposed to terminate, the employer in accordance with the Labor Contract Law 36, 39 discharged), the standard: Grade 9, 0.2 months for each year; less than one year is calculated on a one-year basis. VII to VIII less than 10 months, pay 10 months; grade IX less than 5 months, pay 5 months; grade X less than 3 months, pay 3 months), paid by the Industrial Injury Insurance Fund.
VII. One-time Employment Benefit and One-time Medical Benefit for Work-Related Injuries
Grade 9 disability can enjoy one-time medical benefit for work-related injuries and one-time employment benefit for work-related injuries. It is paid 0.4 month's salary for every full year.
Legal basis: "Chinese People's **** and State Social Insurance Law"
Article 38 The following expenses incurred as a result of work-related injuries shall be paid out of the Work Injury Insurance Fund in accordance with the state regulations:
(1) medical expenses for treatment of work-related injuries and rehabilitation expenses;
(2) hospitalization meal allowance;
(3) transportation and accommodation expenses for travel to a place outside of the co-ordinated area for medical treatment;
(3) transportation and accommodation expenses for travel outside of the co-ordinated area for medical treatment;
(4) medical treatment for work-related injuries; and (5) medical treatment for work-related injuries and rehabilitation expenses for work-related injuries.
(d) installation and configuration of disability aids;
(e) living care expenses confirmed by the Labor Capacity Appraisal Committee if the person cannot take care of himself;
(f) a one-time disability benefit and monthly disability allowance for Grade 1 to 4 disabled employees;
(g) a one-time medical benefit upon termination or dissolution of the labor contract;
(h) a one-time medical benefit for the person who is entitled to a one-time medical benefit;
(i) a one-time medical benefit upon termination or dissolution of the labor contract; and enjoy a one-time medical benefit;
(h) in the event of death at work, the surviving family members shall receive a funeral grant, a dependent relative's pension, and a death at work grant;
(i) the labor capacity appraisal fee.
Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with state regulations:
(1) wages and benefits during the period of treatment of the work-related injuries;
(2) monthly disability allowance received by the workers with Grade 5 or Grade 6 disabilities;
(3) one-time disability employment benefits to be enjoyed upon the termination or dissolution of the labor contract.
Article 41 If the employing unit where the employee works fails to pay the work injury insurance premiums in accordance with the law, and the accident occurs at work, the employing unit shall pay the work injury insurance benefits. If the employer fails to pay, the first payment shall be made from the Work Injury Insurance Fund.
The work-related injury insurance treatment paid in advance from the work-related injury insurance fund shall be reimbursed by the employer. If the employer fails to make the repayment, the social insurance administrative organization may recover the compensation in accordance with the provisions of Article 63 of this Law.