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How to compensate for a hundred days' injury

first of all, you should determine whether the injury belongs to work-related injury or not. It must be confirmed that the general labor situation on the construction site probably does not belong to the scope of industrial injury treatment. If it can't be defined as a work-related injury, it will be compensated according to personal injury. In case of personal injury, the compensation obligor shall compensate for all expenses incurred for medical treatment and income reduced due to missed work, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.

The compensation for one hundred days is as follows:

1. If it is not a work-related injury, the compensation standard is:

(1) If you suffer personal injury, the compensation obligor shall compensate for all expenses incurred for medical treatment and the income reduced due to missed work, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.

(2) If a person is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability assistive devices, living expenses of the dependents, and the necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.

2. If it is a work-related injury, the compensation standard is:

(1) Medical expenses. The expenses for the treatment of work-related injuries conform to 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;

(2) Hospitalization food allowance. 7% of the food subsidy standard for business trips of this unit;

(3) Transportation and accommodation. Food subsidy standard for employees of this unit on business trip;

(4) Rehabilitation expenses. The expenses for the treatment of work-related injuries conform to 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;

(5) Expenses for assistive devices. Standards for the limits of industrial injury AIDS in all provinces and municipalities directly under the Central Government;

(6) Stop work with pay. The original salary and welfare benefits remain unchanged and are paid by the unit on a monthly basis;

(7) Nursing expenses:

If nursing is needed during the period of shutdown with pay, the employer shall be responsible;

those who need nursing after assessment of disability, who can't take care of themselves completely, shall be paid 5% of the average monthly salary of employees on the ground as a whole; Most people can't take care of themselves, and 4% of the average monthly salary of employees on the ground is planned as a whole; Part of the life can't take care of themselves, and 3% of the average monthly salary of employees on the ground is planned as a whole.

(8) Disability allowance.

(9) Compensation for work-related injury insurance:

One-time disability allowance for level 1 disability: 7 months multiplied by my monthly salary before injury;

if the labor contract is terminated or dissolved, there is a one-time medical subsidy for work-related injuries;

during the period of shutdown with pay, there is a daily food subsidy for hospitalization.

How to compensate for the lost time caused by the car accident

The compensation standard for lost time will be calculated according to my actual income. The lost time is determined according to the certificate issued by the medical institution where the victim is treated. If the victim continues to miss work due to injury and disability, the time of missing work can be calculated to the day before the date of disability. If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income.

In a word, although it takes a hundred days to hurt the muscles and bones, the damage caused by the fracture is relatively large, but the specific compensation expenses still need to be compensated according to the actual lost property of the victim.

Legal basis:

Article 38 of the Social Insurance Law

The following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance fund according to state regulations:

(1) Medical expenses and rehabilitation expenses for treating work-related injuries;

(2) food subsidies for hospitalization;

(3) transportation and accommodation expenses for medical treatment outside the overall planning area;

(4) the cost of installing and configuring assistive devices for the disabled;

(5) the living nursing expenses confirmed by the labor ability appraisal committee for those who cannot take care of themselves;

(6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV;

(7) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;

(8) Funeral allowance, dependent relatives' pension and work-related death allowance received by survivors of work-related deaths;

(9) labor ability appraisal fee.

Article 1179 of the Civil Code

If personal injury is caused by infringement on others, reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, etc., and income reduced due to absenteeism shall be compensated. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.