1. If it can be identified as a work-related injury, you can request the corresponding work-related injury compensation content.
2. The contents of work-related injury compensation include: medical expenses, one-time disability allowance (according to the disability level and my salary), one-time employment allowance (determined according to your province's work-related injury regulations, and received when labor relations are dissolved), one-time medical allowance (determined according to your province's work-related injury regulations, and received when labor relations are dissolved), salary during paid suspension (determined according to the notice of labor ability appraisal conclusion), food subsidies, nursing expenses, transportation expenses, etc.
3, the employer and the industrial injury insurance fund are compensated according to the provisions of different projects.
4. According to the law, Article 38 of the Social Insurance Law, 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 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.
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) the monthly disability allowance for disabled employees of Grade 5 and Grade 6;
(3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.
Extended data:
Related cases:
In the past, in many industrial injury cases in China, the law stipulated that employees would generally not file a civil tort personal injury compensation lawsuit with the employer after receiving compensation from industrial injury insurance.
In recent years, the relevant laws promulgated in China stipulate: "Employees who are injured by production safety accidents have the right to claim compensation from their own units in accordance with relevant civil laws, in addition to enjoying social insurance for work-related injuries according to law." "In addition to enjoying social insurance for work-related injuries according to law, patients with occupational diseases also have the right to claim compensation from employers according to relevant civil laws."
This legislative progress undoubtedly provides a legal basis for the realization of more legal rights of employees.
At the beginning of this year, the author learned from the Nanjing Intermediate People's Court that the court mediated a work-related injury case that occurred 15 years ago, and the relatives of the deceased employees received compensation of15,000 yuan that year, and then received double compensation of 310,000 yuan for work-related injuries and personal injuries.
15 years ago, an employee at work was stabbed to death by a colleague. Because the murderer was mentally ill, he was not investigated for criminal responsibility. The parents of the murdered employees only received compensation from work-related injury death insurance 1.5 million yuan.
In order to give their dead son an explanation, the old couple complained for several years.
15 years later, with the assistance of legal aid lawyers, the elderly couple took the murderer's parents and business to court, demanding huge funeral expenses, death compensation and mental damage compensation.
In this lawsuit, the problems faced by the court and the parties are:
/kloc-After 0/5 years, has the statute of limitations expired?
The relatives of the victims have received compensation from work-related injury insurance. Can they repeat the claim to the employer again?
Is the compensation amount based on the standard before 15 or the current standard?
The murderer was 18 years old at that time. As a mentally ill person with no capacity for conduct, is his guardian the unit or his parents?
A few days ago, the Yuhuatai District Court of Nanjing tried the case around the above problems, and made the first judgment that the employer compensated the relatives of the injured workers for work-related injuries and compensated them for personal injuries.
People's Daily Online-Can employees claim personal compensation after receiving compensation from work-related injury insurance?