Work-related injuries require compensation from employers, and the Social Security Bureau is not liable for compensation. What are the compensation items for work-related injuries? 1, medical expenses for compensation for general injuries (not reaching disability), food subsidies for the injured during hospitalization, living care expenses, wages during work-related injuries, and transportation and accommodation expenses. 2. Compensation for medical expenses for the disabled, food subsidies for the injured during hospitalization, living nursing expenses, wages during work-related injuries, transportation and accommodation expenses, expenses for assistive devices, one-time disability subsidies, disability allowances, one-time medical subsidies for work-related injuries, and one-time employment subsidies for the disabled. 3. Death compensation, funeral subsidy, one-time casualty subsidy and dependent relatives pension. 4. In the case that the employee's whereabouts are unknown, the compensation items whose whereabouts are unknown in emergency rescue and disaster relief should distinguish different situations. If the employee is not declared dead, the compensation items available to his immediate family members include: pension for dependent relatives and 50% lump-sum death subsidy (in case of difficulties); When an employee is declared dead, the immediate family members can get compensation items: funeral expenses, pensions for dependent relatives, and one-time subsidies for the death of employees. How to deal with industrial injury compensation disputes? No matter whether the employer pays work-related injury insurance premiums for its employees or not, as long as workers have work-related accidents, they should first request compensation from work-related injury insurance in accordance with the relevant regulations of the State Council, and cannot directly file a civil lawsuit against the employer for personal injury compensation. The principle of giving priority to the liability of work-related injury insurance, and for enterprises and employers who have not participated in work-related injury insurance, the judicial interpretation of personal injury compensation stipulates that workers who have not participated in work-related injury insurance must also be dealt with in accordance with the provisions of the Regulations on Work-related Injury Insurance. Workers with work-related injuries have the right to enjoy work-related injury insurance benefits, which are paid by the employer in accordance with the standards stipulated in the Regulations on Work-related Injury Insurance. If there is a dispute between the employer and the employee, it should first apply to the employee for arbitration. If the application for arbitration cannot be resolved, the victim can file a lawsuit: 1, requesting industrial injury insurance benefits and personal injury compensation. Generally, the court makes a judgment according to the principle of priority application of industrial injury insurance. 2. When requesting work-related injury insurance benefits, the court generally makes a judgment according to the relevant provisions of the Labor Law and the Regulations on Work-related Injury Insurance. 3. Where a claim for personal injury compensation is made, a judgment shall be made in accordance with civil laws and regulations. If the employees of the employing unit are killed or injured due to the fault of a third party, the victims who require industrial injury insurance and personal injury compensation can obtain double indemnity according to the civil law and labor law.
Legal objectivity:
Article 38 of the Social Insurance Law of People's Republic of China (PRC), the following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations: (1) medical expenses and rehabilitation expenses for treating 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 of the Social Insurance Law of People's Republic of China (PRC), the following expenses incurred due to work-related injuries shall be paid by the employer in accordance with state regulations: (1) 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. "Social Insurance Law of People's Republic of China (PRC)" Article 41 Where the employer where the laborer works fails to pay the work-related injury insurance premium according to law, the employer shall pay the work-related injury insurance benefits if an accident occurs. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund. The industrial injury insurance benefits paid in advance from the industrial injury insurance fund shall be repaid by the employer. If the employer fails to repay, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.