if the company buys the corresponding work-related injury insurance for the employees after their work-related injuries, the company only needs to compensate part of the wages and benefits during the treatment of work-related injuries; Disability allowance received by disabled workers of Grade V and VI on a monthly basis; When the labor contract is terminated or terminated after an industrial injury, the one-time disability employment subsidy that should be enjoyed. Others can be paid by the industrial injury insurance fund according to regulations.

_ 1. How to compensate for work-related injuries?

if the company buys the corresponding work-related injury insurance for the employees after their work-related injuries, the company only needs to compensate part of the wages and benefits during the treatment of work-related injuries;

the monthly disability allowance received by disabled employees in Grade V and VI; When the labor contract is terminated or terminated after an industrial injury, the one-time disability employment subsidy that should be enjoyed. Others can be paid by the industrial injury insurance fund according to regulations.

however, if the company does not participate in work-related injury insurance, all the benefits of work-related injury insurance will be paid by the company when its employees have work-related injuries.

the specific compensation for work-related injuries includes the following parts.

(I) Medical expenses

1. If the expenses required for the treatment of work-related injuries meet the catalogue of work-related injury insurance 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.

2. Workers with work-related injuries who treat diseases not caused by work-related injuries do not enjoy medical treatment for work-related injuries, and shall be treated according to the basic medical insurance measures.

(II) Transportation and food subsidies

1. The company where you work will pay 7% of the food subsidies for business trips to the hospital.

2. If the injured employee goes abroad for medical treatment, the required transportation and accommodation expenses shall be reimbursed by the company according to the business trip standard.

(III) Lost time expenses

If an employee needs treatment due to a work-related injury, the original salary and benefits will remain unchanged during the shutdown period and will be paid by the company. Serious or special injuries can be extended, but not more than 24 months.

(4) Nursing expenses

1. If the injured workers who can't take care of themselves need nursing during the shutdown period, the company will be responsible.

2. Employees with work-related injuries who have been assessed as disabled and confirmed by the labor ability appraisal committee need life care will be paid monthly from the work-related injury insurance fund.

(V) Benefits enjoyed by employees suffering from work-related disability

If employees suffer from work-related disability and are identified as level 1 to level 4 disability, they will retain their labor relations and quit their jobs:

1. Pay a one-time disability allowance from the industrial injury insurance fund according to the disability level

2. Pay a monthly disability allowance from the industrial injury insurance fund. If the amount of disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference;

3. Workers with work-related injuries only enjoy old-age insurance after reaching retirement age and going through retirement procedures. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference.

if the employee's work-related disability is identified as level 5 or level 6 disability

1. Pay a one-time disability subsidy from the industrial injury insurance fund according to the disability level

2. Keep the labor relationship with the company, and the company will arrange the work. If it is difficult to arrange a job, the company will pay a monthly disability allowance, and the company will pay various social insurance premiums for it. If the actual amount of disability allowance is lower than the local minimum wage, the company will make up the difference.

upon the employee's request to dissolve or terminate the labor relationship with the company, the company shall pay a one-time work-related injury medical subsidy and a one-time disability employment subsidy.

If the employee is disabled at work and is identified as a disability of Grade 7 to Grade 1:

1. Pay a one-time disability subsidy from the industrial injury insurance fund according to the disability level;

2. if the labor contract expires or the employee proposes to terminate the labor contract, the company will pay a one-time medical subsidy for work-related injuries and a one-time disability employment subsidy.

(VI) Compensation for Work-related Death

If an employee dies at work, his immediate family members shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the work-related injury insurance fund according to regulations.

(VII) Compensation for illegal employment casualties

1. One-time compensation includes expenses and one-time compensation for employees who have been injured by accidents or suffered from occupational diseases, and the amount should be determined after the labor ability appraisal.

2. The appraisal of labor ability shall be handled by the municipal labor ability appraisal committee where the company is located, and the appraisal fee shall be paid by the company.

(VIII) Other circumstances

1. If an employee has an accident or his whereabouts are unknown while going out for work, he will be paid as usual within 3 months from the month of the accident, and will stop paying wages from the fourth month. The industrial injury insurance fund will pay the dependent relatives a monthly pension.

2. Employees who refuse to accept labor ability appraisal or refuse treatment will stop enjoying work-related injury insurance benefits:

3. The successor unit will be responsible for the division, merger and transfer of the employing unit.

4. If an employee is injured by an industrial accident during his secondment, the original company shall bear the responsibility.

5. When the enterprise goes bankrupt, the payable industrial injury insurance benefits shall be given priority in liquidation.

6. If an employee is sent abroad to work and participates in work-related injury insurance according to the laws of that country, his domestic work-related injury insurance relationship will be suspended

7. If an employee suffers a work-related injury again, he will enjoy disability allowance according to the disability level.

II. Work-related injury compensation procedures

Work-related injury compensation procedures can be carried out according to the following procedures:

(1) Work-related injury identification

When an employee is injured in an accident, as an employer or an injured employee, in addition to active treatment, we must first grasp the time limit for applying for work-related injury identification, which is the premise for protecting the legitimate rights and interests of injured employees. This requires the employer to go through the formalities of reporting work-related injuries within the prescribed time limit. If it exceeds the time limit, it will be difficult to identify it.

with regard to the time limit for applying for work-related injuries, China's Regulations on Work-related Injury Insurance stipulates that "when an employee suffers an accident injury or is diagnosed and identified as an occupational disease according to the provisions of the Law on Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 3 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease, submit an application for work-related injury identification to the administrative department of labor security in the overall planning area. In case of special circumstances, with the consent of the administrative department of labor and social security, the application time limit may be appropriately extended. "

(2) Apply for labor ability appraisal

After an employee has an injury accident and is identified as work-related injury, it is necessary to determine the degree of disability, which is what we usually call applying for labor ability appraisal. The time limit for applying for labor ability appraisal can be divided into three types.

First, apply for labor ability appraisal for the first time. Generally speaking, if an employee suffers from a work-related injury, and after treatment, the injury is relatively stable and there is disability, which affects his ability to work, he shall be appraised for his ability to work. If it is a work-related injury in Haimen, the employer or individual must apply to the Nantong Municipal Labor Ability Appraisal Committee. The conclusion of labor ability appraisal shall be made within 6 days from the date of receiving the application for labor ability appraisal, and the time limit for making the conclusion of labor ability appraisal may be extended by 3 days when necessary.

Second, if the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the municipal labor ability appraisal committee with districts, it may submit an application for re-appraisal to the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government within 15 days from the date of receiving the appraisal conclusion. The conclusion of labor ability appraisal made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government is final.

Third, one year after the conclusion of labor ability appraisal is made, if the injured workers or their immediate family members, their units or agencies think that the disability situation has changed, they can apply for re-examination and appraisal of labor ability. The result of labor ability appraisal has a direct impact on the treatment and compensation of workers injured in work, so both employers and workers must grasp the time limit for initial appraisal and re-appraisal.

(III) Applying for compensation for work-related injury benefits

Whether it is work-related injury identification or work-related injury grade appraisal, in the final analysis, it is necessary to compensate for work-related injury benefits to ensure that the legitimate rights and interests of the parties are effectively implemented and are not infringed.

there are two kinds of time limit for applying for compensation for work-related injuries.

one is compensation for participating in work-related injury insurance. The time limit to be paid attention to here is the same as that of work-related injury identification, that is, the employer must apply to the administrative department of labor security for work-related injury identification within 3 days from the date of accident injury or diagnosis and identification as occupational disease. If the employer submits an application for work-related injury identification within the time limit prescribed by law, the relevant expenses such as work-related injury benefits that meet the requirements of the Regulations on Work-related Injury Insurance during this period shall be borne by the employer. Therefore, it is necessary to remind the insured employers not to underestimate the 3-day time limit for work-related injury identification.

the other is compensation for participating in work-related injury insurance. In the event of a work-related injury, if the employer fails to pay the work-related injury benefits in time due to various reasons, the time limit for applying for arbitration shall be one year, and the time limit for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

Other time limits for compensation for work-related injuries:

1. The time limit for applying for labor ability review and appraisal is from the date when the conclusion of labor ability appraisal is made: one year later.

2. After the work-related injury identification is completed, the social insurance administrative department shall keep the relevant materials of work-related injury identification for 5 years.

3. One of the situations regarded as work-related injuries is that an employee dies of sudden illness during working hours and at work within a certain period of time, which is within 48 hours.

4. Time limit for applying for arbitration of industrial injury disputes: one year from the date when the parties know or should know that their rights have been infringed.

5. Time limit for arbitration of industrial injury disputes: within 45 days after accepting the arbitration application, or within 6 days if the case is complicated.

6. The time limit for the laborer to file a civil lawsuit in the people's court if he refuses to accept the arbitration award of work-related injury dispute: within 15 days from the date of receiving the arbitration award.

Legal basis:

Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed as a work-related injury under any of the following circumstances:

(1) During working hours and workplaces, he is injured by an accident due to work reasons;

(2) being injured by an accident when he is engaged in preparatory or finishing work related to work in the workplace before and after working hours;

(3) During working hours and in the workplace, he is injured by violence or other accidents due to the performance of his duties;

(4) suffering from occupational diseases;

(5) During the work trip, he was injured or his whereabouts were unknown due to work reasons;

(6) being injured by a motor vehicle accident on the way to and from work;

(7) Other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.

Article 15 An employee shall be regarded as a work-related injury in any of the following circumstances:

(1) He died of sudden illness or died after being rescued within 48 hours;

(2) being injured in activities such as emergency rescue and disaster relief to safeguard national interests and public interests;

(3) Employees who were formerly in the army and were disabled due to war or work-related injuries have obtained revolutionary disabled servicemen's certificates, and their old injuries have recurred after they went to the employing unit.

if the employees are under the circumstances mentioned in items (1) and (2) of the preceding paragraph, they shall enjoy the treatment of work-related injury insurance in accordance with the relevant provisions of these regulations;

in case of item (3) of the preceding paragraph, employees shall enjoy the treatment of work-related injury insurance except one-time disability allowance in accordance with the relevant provisions of these regulations.