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Provisions on advance payment of social security for work-related injuries

Legal subjectivity:

The social security compensation fee for industrial injury insurance includes: 1. Medical expenses: 1. Employees should seek medical treatment in medical institutions that have signed work-related injury service agreements. In case of emergency, they can go to the nearest medical institution for first aid. 2, inductrial injury treatment costs in line with the industrial injury insurance diagnosis and treatment project directory, industrial injury insurance drugs directory, industrial injury insurance hospitalization service standards, paid from the industrial injury insurance fund. 3, inductrial injury worker treatment of non-work-related diseases, do not enjoy medical treatment of inductrial injury, in accordance with the basic medical insurance measures. 2. Hospitalization food allowance: 1. The unit to which it belongs shall pay the hospital food subsidy according to 70% of the food subsidy standard of the unit on business trip. 2. The medical institution shall issue a certificate and report it to the agency for approval. If the injured worker goes to the outside of the overall planning area for medical treatment, the required transportation, accommodation and meals shall be reimbursed by the unit according to the employee's business trip standard. 3. Lost time (paid during paid shutdown): 1. If an employee needs to stop work to receive work-related injury medical treatment due to work accidents or occupational diseases, the original salary and welfare benefits will remain unchanged during the paid shutdown period, and the original unit will pay it monthly. 2. The paid shutdown period generally does not exceed 12 months. If the injury is serious or special, it may be appropriately extended after being confirmed by the municipal labor ability appraisal committee with districts, but the extension period shall not exceed 12 months. 3, inductrial injury worker still need treatment after the expiration of the shutdown with pay, continue to enjoy medical treatment of inductrial injury. Four. Nursing expenses: 1. The employer shall be responsible for the work-related injury workers who cannot take care of themselves during the paid shutdown period. 2, inductrial injury worker after assessment of disability level and confirmed by the labor ability appraisal committee need life care, by the industrial injury insurance fund to pay monthly life care fees. Life care fees are paid according to three different levels: completely unable to take care of themselves, mostly unable to take care of themselves or partially unable to take care of themselves, and their standards are 50%, 40% or 30% of the average monthly salary of employees in the overall planning area respectively.

Legal objectivity:

"Social Insurance Law of People's Republic of China (PRC)" Article 41 Where an employee fails to pay the work-related injury insurance premium according to law and an industrial accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund. The industrial injury insurance benefits paid in advance from the industrial injury insurance fund shall be repaid by the employer. If the employer fails to repay, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.