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Work injury compensation social security bureau to bear compensation
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 medical expenses, food subsidies during the hospitalization of the injured, living care costs, wages during the period of 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 party 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.
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