Compensation standard for work-related injuries in Fuyang City

I. Medical Expenses1. The expenses required for treating work-related injuries in accordance with the catalog of diagnosis and treatment items for work-related injuries insurance, the catalog of medicines for work-related injuries insurance, and the standard of hospitalization services for work-related injuries insurance shall be paid from the work-related injuries insurance fund. The catalog of diagnosis and treatment items for work injury insurance, the catalog of medicines for work injury insurance, and the standard of inpatient services for work injury insurance shall be stipulated by the administrative department of labor security of the State Council in conjunction with the administrative department of health and the department of drug supervision and administration of the State Council.2. The service agreement shall be signed on the basis of equal consultation between the operator and the medical institutions and auxiliary aid device configuration institutions, and the list of the medical institutions and auxiliary aid device configuration institutions that have signed the service agreement shall be published. list. Specific measures shall be formulated by the administrative department of labor security under the State Council in conjunction with the administrative department of health under the State Council and the department of civil affairs, etc. 3. The agency verifies the use of medical expenses, rehabilitation expenses and auxiliary apparatus expenses of the injured worker in accordance with the agreement and the relevant national catalogs and standards, and settles the expenses in full and on time. 4. There is a prerequisite for the victim to obtain compensation for the medical expenses of the work-related accidents, i.e., apart from emergency situations, the worker's treatment of the work-related injury shall be provided in a signed agreement. The employee's treatment for work-related injuries shall be provided at a medical institution that has signed a service agreement, and the expenses shall be in accordance with the catalog of diagnostic and therapeutic items for work-related injuries insurance, the catalog of medicines for work-related injuries insurance, and the standard of work-related injuries insurance for hospitalization services; the victim shall be compensated for the medical expenses after meeting the abovementioned conditions. When compensating for rehabilitation costs, if the person concerned has not yet recovered and really needs further treatment, the costs that are bound to be incurred according to medical certificates or appraisal conclusions can be compensated together with the medical costs that have already been incurred. If the injury is treated and the signs are fixed but the residual dysfunction is left behind and really needs to be treated again, or if the injury is not yet recovered and the organ functions are restored by the training of the necessary rehabilitation costs, appropriate cosmetic surgery costs and other follow-up treatment costs, the right to compensation can be waited for until the victim has received the compensation. The right to compensation may be sued separately after the actual occurrence of the costs of treatment. If the victim is treated in a rehabilitation hospital, the issue of compensation for his/her medical expenses shall be dealt with under different circumstances: 1. The victim shall be treated in a general hospital for the treatment of his/her injuries and illnesses. If the victim chooses to go to a rehabilitation-type hospital because it is not necessary for the treatment of the injury or illness, the compensation for the medical expenses shall be calculated according to the charges of a general hospital for the treatment of the same kind of injury or illness. 2. If the victim is transferred to a rehabilitation-type hospital for further treatment upon approval of the treating hospital after attending the treatment at a general hospital, and if it is really necessary for the treatment of the injury or illness, the compensation for the medical expenses shall be calculated in accordance with the charges of a rehabilitation-type hospital as formulated by the state. If the injury is stabilized after treatment, but still needs to continue rehabilitation, symptomatic treatment, etc., the patient may be treated in medical institutions or outpatient clinics below the county level upon the issuance of a certificate by a medical institution at or above the county level. Meal allowance 1, the victim really need to go abroad for treatment, due to objective reasons can not be hospitalized, the victim and his accompanying personnel actually incurred in the accommodation and food costs of a reasonable part of the compensation shall be 2, in principle, meal allowance compensation period is the period of hospitalization, that is, according to the victim hospitalization period of the period of time to calculate meal allowance, how many days, and then multiplied by the general staff of the local state organs Daily standard, you can get a specific meal allowance. IV. Transportation, food and lodging expenses 1. Transportation expenses for doctor's visits. By the doctor to the victim's place to visit, if the visit of the transportation costs have been included in the medical expenses, then the victim from the medical costs of compensation, without the need to be included in the transportation costs. If it is not included in the consultation fee, but is paid separately by the victim, then the expense shall be compensated as transportation cost.2. Expenses for the use of private car by the victim or his/her accompanying person. If a private car is used as a means of transportation for treatment or transfer to a hospital, the victim shall be compensated for the normal and actual costs incurred, such as the corresponding and reasonable fuel costs, parking fees, tolls, etc. 3, on the standard of calculation of transportation costs. In practice, it is generally believed that the transportation costs should be paid with reference to the infringement of the state organs of the general staff of the travel standard of travel. However, also according to the actual situation of the victim and the actual need for treatment, flexible to be mastered. 1, take the transportation to ordinary public **** car, in special circumstances, can take an ambulance, cab, etc., but should be used by the victim to explain the reasonableness of the use of. 2, take the train, should be the main hard seat train, special circumstances, the need to take a soft seat, sleeper, should be allowed, but should be used by the victim to explain the reasonableness. However, the victim should explain the reasonableness. 3. In case of emergency, the victim should also be allowed to take the airplane, and the victim should also explain the reasonableness of the airplane. If the injured worker has been assessed as having a disability grade and the Labor Capacity Appraisal Committee confirms that he/she needs nursing care, the monthly nursing care fee shall be paid from the Work Injury Insurance Fund. The living nursing fee is paid according to three different grades, namely, totally unable to take care of oneself, mostly unable to take care of oneself, or partially unable to take care of oneself, and the standard is 50%, 40%, or 30% of the average monthly salary of the employees in the previous year in the coordinated area respectively. Sixth, the wage period without pay 1, the occurrence of work-related injuries before the work unit has been working for 12 months, according to the injury before the 12 months of wages payable monthly average wage (including basic wages, bonuses and allowances, and overtime pay) to calculate its original wage; 2, the occurrence of work-related injuries before the work unit has not yet completed 12 months, according to the actual number of months of work before the injury should be paid the average monthly wage to calculate its original wage. 3, If you have worked for less than 1 month before the work injury, the original wage standard shall be calculated according to the monthly wage agreed in the contract; if you have not yet agreed or cannot determine the original wage amount, the original wage standard shall be calculated according to not less than 60% of the average monthly social wage of the workers of the city in the previous year. VII. Disability Auxiliary Apparatus Fee The injured worker, due to the needs of daily life or employment, can be fitted with auxiliary apparatuses such as artificial limbs, orthopaedic devices, false eyes, false teeth and wheelchairs as confirmed by the Labor Capacity Appraisal Committee, and the required expenses shall be paid from the Work Injury Insurance Fund in accordance with the standards stipulated by the State. VIII. One-time Disability Benefit 1. If the actual amount of the disability allowance is lower than the local minimum wage standard, the difference will be made up; the labor relationship will be retained and the employee will be withdrawn from the workplace. After the injured worker reaches the retirement age and goes through the retirement procedure, the disability allowance will be stopped and the worker will enjoy the basic pension insurance treatment. If the basic pension insurance treatment is lower than the disability allowance, the difference shall be made up. The employer and the individual employee pay the basic medical insurance premiums based on the disability allowance.2. The salary of the employee refers to the average monthly contribution salary of the 12 months before the injured employee suffered accidental injury at work or suffered from occupational disease. If the salary is higher than 300% of the average salary of the employees in the integrated area, it is calculated according to 300% of the average salary of the employees in the integrated area; if the salary is lower than 60% of the average salary of the employees in the integrated area, it is calculated according to 60% of the average salary of the employees in the integrated area. IX. The disability allowance retains the labor relationship with the employer, and the employer arranges appropriate work. If it is difficult to arrange for work, the employer shall pay the disability allowance on a monthly basis, and the employer shall pay the social insurance premiums due for the employee in accordance with the regulations. If the actual amount of the disability allowance is less than the local minimum wage, the employer shall make up the difference. X. One-time medical benefit for work-related injuries The standard of one-time medical benefit for work-related injuries is 20 months of the average monthly salary of the employees in the previous year in the coordinating area for Grade 5 disability, 15 months for Grade 6 disability, 10 months for Grade 7 disability, 8 months for Grade 8 disability, 6 months for Grade 9 disability, and 4 months for Grade 10 disability. XI. One-time Disability Employment Benefit 1. The standard of the one-time disability employment benefit: 35 months of the average monthly salary of the employees in the previous year in the coordinating area for Grade 5 disability, 30 months for Grade 6 disability, 20 months for Grade 7 disability, 15 months for Grade 8 disability, 10 months for Grade 9 disability, and 5 months for Grade 10 disability. 2. If an employee who is entitled to the one-time disability employment benefit is less than five years away from the statutory retirement age, the one-time disability employment benefit shall be paid to the employee who is not entitled to the one-time disability employment benefit. If the employee is entitled to the one-time disability employment benefit less than five years before the statutory retirement age, the one-time disability employment benefit shall be paid according to the following standards: (1) if less than two years, 60% of the full amount shall be paid; (2) if less than three years, 70% of the full amount shall be paid; (3) if less than four years, 80% of the full amount shall be paid; and (4) if less than five years, 90% of the full amount shall be paid. Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred as a result of a work-related injury 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 medical treatment outside the co-ordinated area; (4) expenses for installation and configuration of auxiliary aids for the disabled; (5) expenses for nursing care for the elderly if the employee is unable to take care of himself; and (6) expenses for the care of the elderly if the employee is not able to take care of himself; (7) expenses for the care of the elderly if the employee is unable to take care of himself; (8) expenses for the nursing care of the elderly if the employee is unable to take care of himself; (9) expenses for the care of the elderly if the employee is not able to take care of himself, as confirmed by the Labor (e) life can not take care of themselves, confirmed by the Labor Capacity Appraisal Committee of the cost of living care; (f) a one-time disability benefit and Grade 1 to 4 disabled workers receive a monthly disability allowance; (g) termination or termination of the labor contract, should be entitled to a lump-sum medical benefits; (h) death at work, the survivors of the funeral grant, dependents' pensions and death at work grants; (ix) labor appraisal fees. 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 for Grade 5 and Grade 6 disabled employees; and (3) lump-sum disability employment benefits upon termination or dissolution of the labor contract. Article 41 If the employing unit in which an employee works fails to pay work-related injury insurance premiums in accordance with the law and a work-related accident occurs, the employing unit shall pay the work-related injury insurance benefits. If the employer fails to pay, the employee shall be paid first from the industrial injury insurance fund. The work-related injury insurance benefits paid in advance from the work-related injury insurance fund shall be reimbursed by the employer. If the employer does not repay, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.