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Compensation standard for industrial injury and disability
1, medical expenses, the handling agency shall check the medical expenses, rehabilitation expenses and auxiliary equipment use expenses of the injured workers in accordance with the agreement and relevant national catalogues and standards, and settle the expenses in full and in time;
2, rehabilitation costs, compensation, such as the parties have not recovered, it is really necessary to continue treatment, according to the medical certificate or expert conclusion to determine the inevitable costs, can be compensated together with the medical expenses that have occurred;
3, food subsidies, the victim really needs to go to other places for treatment, due to objective reasons can not be hospitalized, the victim himself and his entourage actually incurred a reasonable part of the room and board expenses should be compensated;
4. Transportation and accommodation expenses;
5. Nursing expenses;
6. Wages during shutdown;
7. Disability AIDS;
8. One-time disability allowance;
9. Disability allowance.
Materials to be submitted when applying for work-related injury identification:
1, industrial injury identification application form;
2 proof of the existence of labor relations with the employer, including factual labor relations;
3. Medical diagnosis certificate or occupational disease diagnosis certificate or occupational disease diagnosis certificate.
First, the work-related injury identification conditions:
1, injured by accidents due to work during working hours and workplaces.
2, before and after working hours in the workplace, engaged in work-related preparation or finishing work by accident.
3. Being injured by violence and other accidents during working hours and workplaces due to the performance of duties.
Second, how to apply for work-related injury identification:
1, industrial injury identification application form;
2. Proof of labor relationship with the employer;
3. Medical diagnosis certificate or occupational disease diagnosis certificate.
Work-related injury compensation process is work-related injury identification first: if an employee is injured in an accident, the unit to which he belongs shall submit an application for work-related injury identification to the administrative department of labor and social security in the overall planning area within 30 days from the date of the accident injury.
If the employer fails to apply for work-related injury identification according to regulations, the injured employee or his immediate family members or trade unions shall, within 1 year from the date of the accident injury,
You can directly apply to the administrative department of labor and social security in the overall planning area where the employer is located. After more than 1 year, the administrative department of labor and social security will no longer accept it.
Work-related injury identification: if an employee is injured at work and disabled after treatment and the injury is relatively stable, it shall be identified.
The identification of industrial injury insurance refers to a social insurance system in which workers or their survivors suffer from accidental injuries or occupational diseases at work, or under specified special circumstances, resulting in temporary or permanent loss of working ability and death, and the state and society give material assistance.
Identification of temporary incapacity of workers in industrial injury insurance due to industrial injury or occupational disease. No matter what the reason, the responsibility lies with individuals or enterprises, and they all enjoy social insurance benefits, which is the principle of no-fault compensation.
Industrial injury insurance, also known as occupational injury insurance. Work-related injury insurance is a social security system that collects the work-related injury insurance premiums paid by employers and establishes a work-related injury insurance fund to provide practical legal medical care and necessary economic compensation for workers who suffer accidental injuries or occupational diseases in production and business activities, resulting in death, temporary or permanent loss of working ability. This kind of compensation includes not only medical and rehabilitation expenses, but also the cost of ensuring basic living.
trait
1, the scope of industrial injury insurance is that workers are in the process of productive labor. Because the occupational 20 10 national symposium on industrial injury insurance is full of injuries, no one can completely avoid occupational injuries. Therefore, industrial injury insurance, as an insurance system against occupational hazards, is applicable to all employees. Any employee who has an industrial accident or occupational disease should enjoy industrial injury insurance, without exception.
2. The liability of industrial injury insurance is compensatory. In other words, workers' rights to life and health, survival and labor are affected, damaged or even deprived. Therefore, work-related injury insurance is a social insurance system based on paying compensation to workers injured at work, while other social insurances are based on helping and paying compensation to workers' life difficulties. Unified and exclusive industrial injury insurance scheme is fully connected with social security to supplement the compensation of one-time disability employment subsidy;
3. Work-related injury insurance implements the principle of no-fault liability. No matter whether the responsibility for industrial accidents belongs to the employer, individual employees or a third party, the employer shall bear the insurance responsibility;
4. Industrial injury insurance is different from endowment insurance. Workers do not pay insurance premiums, and all expenses are borne by the employer. That is, the applicant for work-related injury insurance is the employer;
5. The treatment of industrial injury insurance is relatively generous and the standard is high, but it is different because of different industrial accidents;
6. As a kind of social welfare, the coverage of industrial injury insurance is richer than that of business accident insurance. In addition to accidental injuries at work, it also includes occupational disease reimbursement, acute sudden death insurance and funeral subsidies (work-related deaths).
To sum up, the rib fracture at work is grade 10 disability, so I will be compensated for 7 months' salary. The procedures for applying for work-related injury compensation are as follows: apply to the social insurance administrative department of the overall planning area for work-related injury identification; Apply to the labor ability appraisal committee for labor ability appraisal; Apply for work-related injury compensation to social security agencies with information such as work-related injury identification decision and labor ability appraisal conclusion.
Legal basis:
Article 17 of the Regulations on Industrial Injury Insurance
If an employee has an accident injury or is diagnosed and identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease, apply to the social insurance administrative department in the overall planning area for work-related injury identification. Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended.
If the employing unit fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the employees with work-related injuries or their close relatives and trade unions may directly apply for work-related injury identification to the social insurance administrative department where the employing unit is located within 1 year from the date of the accident injury or the date of being diagnosed as an occupational disease.
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