Workers' work-related injuries must be compensated by the company. According to the law, workers' accidental injuries caused by work are compensated by the employer, that is, the company where they work. The laborer signs a labor service contract with the employer, which clearly stipulates that the employer needs to ensure the personal safety of the laborer, so when the laborer is accidentally injured due to work reasons, the employer needs compensation.
The specific items to be paid after work-related injuries are as follows:
1. Items to be paid by the work-related injury insurance fund: during the treatment of workers with work-related injuries, the work-related injury insurance fund will pay the medical expenses for work-related injuries, food subsidies for hospitalization, nursing expenses, and transportation and accommodation expenses required for medical treatment outside the overall planning area; Workers with work-related injuries who have been identified as disabled after the expiration of treatment shall be paid a one-time disability allowance, a one-time disability allowance for one-to-four disabilities, a one-time medical allowance for work-related injuries, a life care fee after disability assessment, a disability appliance allowance and a work-related injury rehabilitation fee by the work-related injury insurance fund according to the disability grade; In case of work-related injury and death, there is a work-related injury insurance fund to pay funeral subsidies, support relatives' pensions and one-time work-related death subsidies;
2. Items paid by the employer: shutdown wages for workers with work-related injuries during treatment; After the assessment of the disability of injured workers, the disability allowance for level 5 and level 6 disability and the one-time disability employment subsidy and on-the-job disability subsidy for level 5 to level 1 disability are paid by the employer. If the employer fails to provide employees with work-related injury insurance, all the items paid by the work-related injury insurance fund according to the law shall also be paid by the employer.
Work-related injuries should be compensated according to the following procedures:
1. Apply to the Human Resources and Social Security Bureau (the former Labor Bureau) for work-related injury identification, and the company needs to declare within one month of the accident. If the company does not apply, the injured employees or their close relatives will apply for identification within one year. The following materials shall be submitted when applying for work-related injury identification:
(1) Application form for work-related injury identification;
(2) evidence of labor relations (including factual labor relations) with the employer;
(3) medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate).
(4) The application form for work-related injury identification shall include the time, place, cause of the accident and the degree of injury of employees.
2. After the work-related injury is identified, the employing unit, the work-related injury worker or their immediate family members apply for labor ability appraisal to the municipal labor ability appraisal committee with districts, and determine the disability level through labor ability appraisal;
3. The employing unit shall pay compensation according to the level of disability appraisal and the provisions of the law. If an employee dies at work, his close relatives shall receive funeral subsidies, pension for supporting relatives and one-time death subsidies from the industrial injury insurance fund in accordance with the following provisions:
(1) The funeral subsidies shall be the average monthly salary of employees in the overall planning area for six months;
(2) The dependent relatives' pension is paid to the relatives who were unable to work and provided the main source of livelihood for the employees who died during their lifetime according to a certain proportion of the employees' own wages. The standard is: 4% for spouse, 3% for other relatives, and 1% for the elderly or orphans. The sum of the approved pensions for dependent relatives should not be higher than the wages of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of social insurance of the State Council;
(3) The standard of one-time work-related death allowance is 2 times of the per capita disposable income of urban residents in the previous year.
(4) If a disabled employee dies due to work-related injuries during the period of suspension with pay, his close relatives shall enjoy the treatment specified in the first paragraph of this article.
The validity period of the work-related injury claim is as follows:
1. If an employee suffers from an accident injury or is diagnosed and identified as an occupational disease according to the provisions of the Law on the 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, apply to the social insurance administrative department in the overall planning area for work-related injury identification;
2. If the employer fails to apply for work-related injury identification within the prescribed time limit, the injured employee or his close relatives or trade unions may directly apply for work-related injury identification within one year from the date of accident injury or the date of diagnosis and identification of occupational diseases. Work-related injury appraisal is an act in which an employee who applies for work-related injury appraisal is identified as a work-related injury, and after the medical treatment is terminated or the medical treatment expires, the work-related injury-related matters are appraised by the labor ability appraisal committee at or above the city level. The scope of work-related injury appraisal includes: labor ability appraisal, appraisal and confirmation of shutdown with pay, appraisal of nursing grade, appraisal of disabled assistive devices, etc. The specific materials required are as follows:
(1) Identification of work-related injuries: apply to the Human Resources and Social Security Bureau where the employer is located for identification. When applying, you need to provide: application form for work-related injury identification, proof of existence of labor relations, medical diagnosis certificate and other materials;
(2) Labor ability appraisal: After the injury is stable, you can apply to the Municipal Labor Ability Appraisal Committee or an appraisal institution designated by the Human Resources and Social Security Bureau for labor ability appraisal. When applying, you need to provide: the relevant information of work-related injury identification decision and work-related injury medical treatment, etc.
I hope the above contents can help you. If you have any other questions, please consult a professional lawyer.
Legal basis: Regulations on Work-related Injury Insurance
Article 17 If an employee suffers from an accident injury or is diagnosed and identified as an occupational disease according to the provisions of the Law on the 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, apply to the social insurance administrative department in the overall planning area for work-related injury identification. Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended.
if the employer fails to apply for work-related injury identification according to the provisions of the preceding paragraph, the injured employee or his close relatives or the trade union organization may directly apply for work-related injury identification to the social insurance administrative department of the overall planning area where the employer is located within one year from the date of the accident injury or the date of diagnosis and identification as an occupational disease.
matters that should be identified by the provincial social insurance administrative department according to the provisions of the first paragraph of this article shall be handled by the municipal social insurance administrative department of the district where the employer is located according to the principle of territoriality.
if the employer fails to submit an application for work-related injury identification within the time limit specified in the first paragraph of this article, the employer shall bear the relevant expenses such as work-related injury benefits that meet the requirements of these regulations during this period.