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The unit did not buy social security, how to compensate for work-related injuries?
In case of work-related injury, the employer shall apply for work-related injury identification within one month from the date of the accident. If the employer fails to apply for work-related injury identification according to the regulations, the laborer or his immediate family members and trade unions can apply for work-related injury identification directly to the administrative department of labor and social security in the co-ordination area where the employer is located within 1 year from the date of the accident injury or the date of being diagnosed as an occupational disease, and then go to the labor ability appraisal committee for identification, and then calculate the specific compensation amount according to the appraisal opinions and salary level.
Specific compensation items include: medical expenses, food subsidies for the injured during hospitalization, living nursing expenses, wages during work-related injuries, transportation and accommodation expenses, assistive devices, one-time disability subsidies, disability allowances, one-time medical subsidies for work-related injuries, one-time disability employment subsidies, and dependents' support.
Legal basis: People's Republic of China (PRC) Social Insurance Law.
Article 38 The following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations:
(a) medical expenses and rehabilitation expenses for the treatment of work-related injuries; (2) Hospitalization food subsidy; (3) coordinating the transportation and accommodation expenses for medical treatment outside the region; (four) the cost of installing and configuring assistive devices for the disabled; (5) Living nursing expenses confirmed by the labor ability appraisal committee; (6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV; (7) One-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved.
Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with state regulations:
(a) wages and benefits during the treatment of work-related injuries; (two) five or six disabled workers receive monthly disability allowance; (3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.
Article 41 Where an employee's employer fails to pay work-related injury insurance premiums according to law, and a work-related injury accident occurs, the employer shall pay 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.
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