Legal analysis
The hospitalization expenses of employees with work-related injuries who have purchased insurance shall be borne by the insurance, and those who have not purchased insurance shall be paid directly by the company. However, in practice, it is generally paid by individuals first, and then the work-related injury is identified. Finally, the company or insurance company will make compensation. During the hospitalization of work-related injuries, in accordance with the provisions of the hospital food subsidies. First, the unit where you are hospitalized in the overall planning area will pay 70% of the food subsidy standard for business trips; Second, if you agree to seek medical treatment outside the overall planning area after approval, your unit will reimburse you according to the standard of business trip for your employees. According to the provisions of industrial injury insurance, employees who need care during hospitalization should be solved by the unit. As for how to solve it, the unit can send staff to take care of it or hire employees to take care of it. There is no specific standard, which can be solved through consultation. The nursing fee is not paid to the injured, but to the nursing staff, which has nothing to do with the injured. Workers with work-related injuries need to be stopped for treatment, and the original wages and benefits will remain unchanged during the period of suspension with pay, which will be paid monthly by the unit. The paid shutdown period generally does not exceed 12 months. 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. During the period of paid shutdown, the employer shall not terminate or terminate the labor and personnel relationship with the injured workers. Workers with work-related injuries can't take care of themselves during the paid shutdown period, and the employer shall assign special personnel to take care of them. With the consent of the injured employees or their close relatives, the employer may also pay the nursing fee according to the average monthly salary of 1 employee in the previous year.
legal ground
Regulations on industrial injury insurance
Thirtieth 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 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. Workers with work-related injuries who treat non-work-related diseases do not enjoy medical treatment for work-related injuries, and shall be treated according to the basic medical insurance method. The expenses for work-related injury rehabilitation treatment for workers with work-related injuries to medical institutions that have signed service agreements shall be paid by the work-related injury insurance fund if they meet the requirements.
Article 33 If an employee suffers from an accident or occupational disease at work and needs to be suspended from work to receive medical treatment for work-related injuries, 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.