Jinzhong Lingshi industrial injury compensation details include the following contents:
Medical expenses: determined according to receipt vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates.
Lost time: determined according to the lost time and income of the victim.
Nursing expenses: determined according to the income of nursing staff, the number of nurses and the nursing period.
Transportation expenses: calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment.
Hospitalization food allowance: determined by referring to the standard of food allowance for ordinary staff of local state organs.
Nutrition fee: determined according to the disability of the victim and the opinions of medical institutions.
Disability compensation: according to the degree or level of disability of the victim, it is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated as 20 years from the date of disability.
Disability assistive devices fee: calculated according to the reasonable cost standard of common applicable devices.
Living expenses of the dependents: according to the degree of disability of the dependents, it is calculated according to the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural residents in the last year where the appealed court is located.
Funeral expenses: According to the average monthly salary of employees in the last year where the Court of Appeal is located, the total amount is calculated as six months.
Death compensation: 20 years according to the standard of per capita disposable income of urban residents or per capita net income of rural residents in the last year where the court of appeal is located. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
To sum up, the details of compensation for work-related injuries in Jinzhong Lingshi include medical expenses, lost time, nursing expenses, transportation expenses, food subsidies for hospitalization, nutrition expenses, disability compensation, disability assistive devices expenses, living expenses of dependents, funeral expenses and death compensation. When dealing with industrial injury compensation cases, it is suggested that victims or their families consult professional lawyers or relevant institutions to ensure that their legitimate rights and interests are protected.
Legal basis:
Articles 30 to 43 of the Regulations of People's Republic of China (PRC) Municipality on Work-related Injury Insurance provide detailed provisions on the items and standards of work-related injury compensation. The specific terms are as follows:
(1) Article 30: Employees who suffer from accidents or occupational diseases at work shall enjoy medical treatment for work-related injuries.
Workers with work-related injuries should seek medical treatment in medical institutions that have signed service agreements. In case of emergency, they can go to the nearest medical institution for first aid.
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 from 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 standard of work-related injury insurance shall be stipulated by the social insurance administrative department of the State Council in conjunction with the health administrative department of the State Council, the food and drug supervision and management department and other departments.
Food subsidies for hospitalization of workers with work-related injuries, and certificates issued by medical institutions and approved by agencies. The transportation and accommodation expenses required for workers with work-related injuries to seek medical treatment outside the overall planning area shall be paid by the work-related injury insurance fund, and the specific standards for fund payment shall be stipulated by the people's government of the overall planning area.
(2) Article 32 Workers with work-related injuries may install artificial limbs, orthotics, artificial eyes, dentures and wheelchairs and other auxiliary devices due to their daily life or employment needs, and the required expenses shall be paid from the work-related injury insurance fund according to the standards stipulated by the state.
(3) Article 33 If an employee suffers from an accident or occupational disease at work and needs to be suspended from work to receive work-related injury medical treatment, the original salary and welfare benefits will remain unchanged during the paid suspension, and the unit where he works will pay him monthly.
The paid shutdown period generally does not exceed 12 months. If the injury is serious or the situation is special, it may be appropriately extended upon confirmation by the Municipal Labor Ability Appraisal Committee with districts, but the extension time shall not exceed 12 months. After assessing the disability level, the injured workers shall stop the original treatment and enjoy the disability treatment in accordance with the relevant provisions of this chapter. Workers with work-related injuries who still need treatment after the expiration of paid shutdown shall continue to enjoy medical treatment for work-related injuries.
Workers with work-related injuries who can't take care of themselves need care during the paid shutdown period, and their units are responsible for it.