Legal subjectivity: National work-related injury compensation standards in 2022: 1. Medical expenses 1. If the expenses required to treat work-related injuries comply with the work-related injury insurance diagnosis and treatment item catalog, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards, they shall be paid from the work-related injury insurance fund.
The catalog of work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug catalog, and the work-related injury insurance hospitalization service standards shall be stipulated by the labor and social security administrative department of the State Council in conjunction with the health administrative department, the drug regulatory department and other departments of the State Council.
2. The handling agency shall sign a service agreement with medical institutions and assistive device dispensing agencies on the basis of equal negotiation, and publish the list of medical institutions and assistive device dispensing agencies that have signed service agreements.
Specific measures shall be formulated by the labor and social security administrative department of the State Council in conjunction with the health administrative department, civil affairs department and other departments of the State Council.
3. The handling agency shall verify the use of medical expenses, rehabilitation expenses, and assistive device expenses for workers injured at work in accordance with the agreement and relevant national catalogs and standards, and settle the expenses in full and on time.
4. There are prerequisites for the victim to obtain medical compensation for work-related injuries. That is, except in emergencies, employees must seek medical treatment at a medical institution that has signed a service agreement for treatment of work-related injuries, and all expenses must comply with the work-related injury insurance diagnosis and treatment item catalog and the work-related injury insurance drug list.
, Work-related injury insurance hospitalization service standards, after meeting the above conditions, the victim can receive medical expense compensation.
2. When compensating for rehabilitation expenses, if the party concerned has not recovered physically and really needs to continue treatment, the expenses that must be incurred shall be determined based on the medical certificate or appraisal conclusion, and may be compensated together with the medical expenses that have been incurred.
If the remaining residual dysfunction really needs to be treated again, or the necessary rehabilitation fees, appropriate plastic surgery fees and other follow-up treatment fees for the recovery training of organ functions that have not recovered from the injury, the compensation right holder can wait for the actual occurrence to sue separately.
If the victim is treated in a rehabilitation hospital, the issue of compensation for his medical expenses should be dealt with according to different situations: 1. The victim should generally be treated in a general hospital for treatment of injuries and diseases.
If you choose a rehabilitation hospital for treatment that is not necessary for the treatment of injuries and diseases, the compensation for medical expenses shall be calculated according to the charging standards of ordinary hospitals for the treatment of the same type of injuries and diseases.
2. After treatment in a general hospital, if the patient is transferred to a rehabilitation hospital for continued treatment with the approval of the treating hospital, and it is indeed necessary to treat injuries and diseases, the medical expenses shall be calculated according to the charging standards for rehabilitation hospitals set by the state.
If the injury is stable after treatment, but still needs to continue rehabilitation, symptomatic and other treatment, it can be treated in a medical institution below the county level or outpatient treatment with a certificate issued by a medical institution at or above the county level.
3. Food subsidy 1. If the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons, the victim and his accompanying persons shall be compensated for the reasonable portion of the actual accommodation and food expenses incurred.
2. In principle, the compensation period for food subsidy is the period of hospitalization. That is, the food subsidy is calculated based on the period during which the victim is hospitalized. The number of days is then multiplied by the daily standard for general staff of local state agencies to get the specific amount.
food subsidy.
4. Transportation, food and accommodation expenses 1. Transportation expenses for doctors’ visits.
If a doctor visits the victim, if the transportation expenses for the visit are included in the medical expenses, then the victim will receive compensation from the medical expenses and does not need to be included in the transportation expenses.
If it is not included in the consultation fee but is paid separately by the victim, the expenditure should be compensated as transportation expenses.
2. Regarding the cost of using a private car by the victim or his attendants.
If a private car is used as a means of transportation when going to treatment or transfer to a hospital, the normal actual expenses paid should be compensated, such as corresponding and reasonable fuel costs, parking fees, tolls, etc.
3. Regarding the calculation standards for transportation expenses.
In practice, it is generally believed that transportation expenses should be paid based on the standards for travel expenses for general staff of state agencies at the place where the infringement occurred.
However, it must also be flexibly controlled according to the actual situation of the victim and the actual needs of treatment.
1. The main means of transportation are ordinary buses and cars. Under special circumstances, ambulances, taxis, etc. can be used, but the victim must explain the rationality of the use.
2. Those who take trains should mainly use ordinary hard-seat trains. Under special circumstances, those who need to take soft seats or sleepers should also be allowed, but the victim should explain the rationality.
3. In emergencies, flying should also be allowed, and the victim must explain his legitimate reasons.
5. Nursing Fees If an employee injured at work has been assessed a disability level and confirmed by the Labor Capacity Appraisal Committee as needing daily nursing care, the daily nursing fees will be paid monthly from the work-related injury insurance fund.
Living care fees are paid according to three different levels: those who cannot take care of themselves at all, those who cannot take care of most of their lives, or those who cannot take care of part of their lives. The standards are respectively 0.5, 0.4 or 0.3 of the average monthly salary of employees in the coordinated area in the previous year.
6. Wages during the suspension of work period 1. For those who have worked in the unit for 12 months before the work-related injury occurs, the salary shall be calculated based on the average monthly wages (including basic wages, bonuses, allowances and overtime wages) that should be paid in the 12 months before the work-related injury.
Original salary standard; 2. If the employee worked in the unit for less than 12 months before the work-related injury occurred, the original salary standard shall be calculated based on the average monthly salary for the actual number of months worked before the work-related injury.
3. If the employee worked for less than one month before the work-related injury occurred, the original salary standard shall be calculated based on the monthly salary stipulated in the contract; if the original salary amount has not been agreed upon or cannot be determined, the salary shall be calculated as no less than 0.6% of the average monthly salary of employees in this city in the previous year.
Calculate its original salary standard.
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