Worker's compensation social security first payment conditions

Work-related injuries need to be compensated by the employer, the Social Security Administration does not bear the responsibility of compensation for work-related injuries compensation which 1, resulting in general injuries (not up to the disability) compensation for the medical costs, the injured person hospitalization food subsidies, living care costs, wages during the injury, transportation and accommodation costs. (2) Compensation for disability: medical expenses, food allowance during hospitalization, living care expenses, wages during the period of injury, transportation and accommodation expenses, auxiliary equipment, one-time disability benefit, disability allowance, one-time medical allowance for injury at work, and one-time employment benefit for injury at work. Compensation for death Funeral grant, one-time casualty grant, and pension for the dependents of the deceased. Compensation for employees whose whereabouts are unknown Compensation for employees whose whereabouts are unknown when they are away from home or in the course of disaster rescue and relief work shall be determined in accordance with different circumstances. If the employee has not been declared dead, his immediate family members can get the following compensation items: dependents' pensions, 50% of the one-time casualty benefit (for those who have difficulties in life); if the employee has been declared dead, his immediate family members can get the following compensation items: funeral expenses, dependents' pensions, and the one-time casualty benefit. How to deal with disputes over compensation for work-related injuries Regardless of whether the employer pays work-related injury insurance premiums for its employees, as long as the workers have work-related accidents, the first should be in accordance with the relevant provisions of the State Council to request compensation for work-related injuries insurance can not be directly on the employer to file a civil lawsuit for personal injury compensation, the priority of the principle of the application of the responsibility of the work-related injury insurance, while not participating in work-related injuries and employers, the "compensation for personal injury The Judicial Interpretation stipulates that workers of employers who have not participated in work-related injury insurance must also be dealt with in accordance with the provisions of the Regulations on Work-Related Injury Insurance, and that injured workers are entitled to work-related injury insurance benefits, which shall be paid by the employer in accordance with the standards stipulated in the Regulations on Work-Related Injury Insurance, and that, in the case of a dispute between the employer and the worker, the employer shall first apply for arbitration at the labor level. If the application for arbitration can not be resolved, the victim can put forward the lawsuit request: 1, request for work-related injury insurance treatment and personal injury compensation, the court generally according to the principle of priority application of work-related injury insurance to determine. 2. If the victim requests for work-related injury insurance treatment, the court generally decides on the basis of the relevant provisions of the Labor Law and the Regulations on Work-related Injury Insurance. (3) Requests for personal injury compensation shall be adjudicated on the basis of civil laws and regulations. Due to the negligence of a third person and caused by the employer employed by the casualty situation, the victim claimed workers' compensation insurance and personal injury compensation can be based on civil law and labor law to obtain double compensation.

Article 38 of the Social Insurance Law of the People's Republic of China, the following expenses incurred as a result of work-related injuries shall be paid out of the Workers' Compensation Insurance Fund in accordance with the state regulations: (a) medical expenses for treatment of work-related injuries and rehabilitation expenses; (b) hospital meal subsidies; (c) transportation and accommodation expenses for medical treatment outside of the co-ordinated area; (d) expenses for the installation and configuration of auxiliary aids for the disabled; (e) expenses for living beyond the reach of the family; and (f) expenses for the installation and configuration of auxiliary aids for the disabled. (v) If the employee cannot take care of himself/herself, the cost of nursing care confirmed by the Labor Capacity Appraisal Committee; (vi) one-time disability benefit and monthly disability allowance for employees with Grade 1 to Grade 4 disabilities; (vii) one-time medical benefit upon termination or dissolution of the labor contract; (viii) Funeral and burial benefits, dependant's pensions, and death benefits for the surviving family members of the employee who died at work; (ix) Labor Capacity Appraisal Fee; (ix) Labor capacity appraisal fee. Article 39 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 by the employer in accordance with the State regulations: (1) wages and benefits during the period of treatment of the work-related injury; (2) the monthly disability allowance for employees with Grade 5 or Grade 6 disabilities; and (3) a one-time disability employment allowance upon termination or dissolution of the labor contract. Article 41 of the Social Insurance Law of the People's Republic of China If the employer of an employee fails to pay the work-related injury insurance premiums in accordance with the law and the employee suffers a work-related injury, the employer shall pay the work-related injury insurance benefits. If the employer fails to make such payment, it shall make the payment in advance from the work-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.