Social Security Industrial Injury Insurance Compensation 2022 Standard

Recently, many people are interested in the latest calculation standard of industrial injury insurance compensation in Chengdu, but in fact, most people don't know much about the latest calculation standard of industrial injury insurance compensation in Chengdu. Bian Xiao has compiled relevant information for everyone, hoping to bring help to everyone. I. Medical Expenses Paragraph 3 of Article 29 of the Regulations on Work-related Injury Insurance stipulates: "If the expenses required for work-related injury treatment meet the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance, they shall be paid by the work-related injury insurance fund. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standards of work-related injury insurance shall be stipulated by the administrative department of labor and social security of the State Council in conjunction with the administrative department of health and the drug supervision and administration department of the State Council. " Article 45 stipulates: "The handling agency shall sign service agreements with medical institutions and assistive devices allocation institutions on the basis of equal consultation, and publish the list of medical institutions and assistive devices allocation institutions that have signed service agreements. The specific measures shall be formulated by the labor and social security administrative department of the State Council in conjunction with the health administrative department and the civil affairs department of the State Council. " Article 46 stipulates: "The handling agency shall inspect the medical expenses, rehabilitation expenses and the use of assistive devices of injured workers in accordance with the contract and relevant national catalogues and standards, and settle the expenses in full and on time." According to this regulation, it is a prerequisite for victims to obtain compensation for medical expenses of work-related injuries, that is, except in emergency, employees should seek medical treatment in medical institutions that have signed service agreements, and their expenses should meet the Catalogue of Work-related Injury Insurance Diagnosis and Treatment Items, the Catalogue of Work-related Injury Insurance Drugs and the hospitalization service standards of work-related injury insurance. After meeting the above conditions, the victim can get compensation for medical expenses. Second, the wages during the shutdown period first, during the shutdown period, the original wages and benefits remain unchanged and are paid by the unit on a monthly basis; Second, those who still need treatment after the expiration of paid suspension will continue to enjoy medical treatment for work-related injuries; Third, the injured workers who can't take care of themselves need care during the paid shutdown, and their units are responsible for it; Fourth, if a work-related injury causes death during the paid suspension, it will be regarded as a work-related injury death and enjoy all the treatment of work-related injury death; Five, one to four disabled workers died after the expiration of the suspension, their close relatives can enjoy funeral subsidies and pension benefits for dependent relatives. Third, the nursing expenses (1) According to the different nursing periods, the nursing expenses can be divided into three categories: 1, which is the nursing expenses that the victim needs help from others during the treatment period; 2. It is the nursing expenses that the victim needs help from others in the recovery period after the injury is cured; 3. It is the nursing expense that the victim permanently loses the ability of self-care due to disability and needs long-term and continuous help from others. Note: During the victim's hospitalization, the nursing expenses arranged by the hospital have been included in the medical expenses and should not be included in the nursing expenses. (2) The nursing period is 1, which is generally calculated until the victim recovers the ability of self-care; 2. If the victim can't recover his self-care ability due to disability, a reasonable nursing period shall be determined according to his age, health status and other factors, but the longest period shall not exceed 20 years. (1) If the nursing period actually needed by the victim exceeds the time limit decided by the court, or even 20 years at the longest, the victim has the right to claim compensation for the nursing expenses beyond the time limit (Article 32 of the Judicial Interpretation of Personal Injury Compensation of the Supreme Court stipulates that the people's court shall accept the claim if the obligee requests the people's court to continue to pay after the prescribed nursing period. If it is found through trial that the compensation obligee really needs to continue nursing, the people's court shall order the compensation obligor to continue to pay the relevant expenses for five to ten years. )。 (2) If the actual nursing period of the victim is shorter than the period determined by the court judgment (if the victim does not need nursing during this rehabilitation period, or the victim dies before the expiration of this period) and the compensation obligor has paid all the nursing expenses during this period in one lump sum, the victim or his successor has no obligation to return the nursing expenses based on the court judgment. Four. Transportation expenses (1) Transportation expenses for doctors' visits. If the doctor visits the victim, if the transportation fee for the visit has been included in the medical expenses, the victim gets compensation from the medical expenses and does not need to be included in the transportation fee. If it is not included in the visiting expenses and is paid separately by the victim, the expenses shall be compensated according to the transportation expenses. (two) the cost of the victim or his entourage to use the private car. If you use a private car as a means of transportation when you go to a hospital for treatment or transfer to a hospital, you should compensate yourself for normal and actual expenses, such as corresponding and reasonable fuel costs, parking fees, tolls, etc. (3) the calculation standard of transportation cost. In practice, it is generally believed that transportation expenses should be paid according to the standard of travel expenses of ordinary staff of state organs where the infringement occurred. However, it should also be flexibly mastered according to the actual situation of the victims and the actual needs of treatment. 1. Ordinary buses are the main means of transportation. Under special circumstances, you can take an ambulance, taxi, etc. , but the victim should explain the rationality of the use. 2, when taking the train, should give priority to with ordinary hard seat train, under special circumstances, need to take a soft seat, sleeper, should also be allowed, but the victim should explain its rationality. 3. In case of emergency, it should also be allowed to fly, and the victim should also explain its justified reasons. 5. Hospitalization food allowance 1. If the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons, he shall compensate the reasonable part of the accommodation expenses actually incurred by the victim himself and his entourage. 2. In principle, the compensation period of food allowance is the hospitalization period, that is, the number of days of food allowance is calculated according to the victim's hospitalization period and multiplied by the daily standard of the general staff of the local state organs, and the specific food allowance can be obtained. The intransitive verb "Judicial Interpretation of Nutrition Fee for Personal Injury Compensation" stipulates that the nutrition fee is determined according to the degree of disability of the victim and with reference to the opinions of medical institutions. Therefore, when the people's court hears cases of personal injury compensation, the determination of nutrition expenses is based on two things, one is the disability of the victim, and the other is to refer to the opinions of medical institutions. 1, the so-called "disability", literally, should include both general injury and disability. Generally speaking, the average injury may not need to compensate the victim's nutritional expenses. But the nutrition fee is determined according to the needs of treatment and rehabilitation. Under special circumstances, serious injury does not necessarily cause disability; Minor injuries are not necessarily disabling. Moreover, from the medical and treatment needs, as long as the personal injury suffered by the victim reaches the level of disability, there is no need to pay nutrition fees. Therefore, the disability mentioned here cannot be mechanically understood as a situation that constitutes a disability level. 2. When determining the specific nutrition fee, we should also refer to the opinions of medical institutions, and think that the victim really needs supplementary nutritious food as an adjuvant treatment, and evaluate the level of required nutrients before determining the specific nutrition fee. Seven. Disability allowance 1. Disability living allowance: according to the disability level and the average annual living expenses of residents in the place where the medical accident occurred, the maximum compensation is 30 years from the month of disability; However, those over 60 years old shall not exceed 15 years old; More than 70 years of age, not more than 5 years. 2. Employees who suffer from accidents or occupational diseases at work shall enjoy medical treatment for work-related injuries after treatment. 3. Disability allowance is the disability treatment paid by the industrial injury insurance fund (the unit without industrial injury insurance) according to the corresponding industrial injury level. The above is the relevant knowledge compiled by Bian Xiao. I believe you should know something. If you don't know the latest compensation calculation standard of industrial injury insurance in Chengdu, you can read other related articles of Life Cat, hoping to bring you help. 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Legal objectivity:

Article 38 of the full text of the Social Insurance Law of People's Republic of China (PRC), the following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations: (1) medical expenses and rehabilitation expenses for treating work-related injuries; (2) Hospitalization food subsidies; (three) transportation and accommodation expenses for medical treatment outside the overall planning area; (four) the cost of installing and configuring assistive devices for the disabled; (five) life can not take care of themselves, confirmed by the labor ability appraisal committee of life care costs; (6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV; (seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved; (8) Funeral grants, dependent relatives' pensions and work-related death grants received by survivors of work-related deaths; (nine) labor ability appraisal fee.