[Direct answer]There are two situations to consider. First, during the period of suspension of work and continued payment of wages, injured workers who are unable to care for themselves need nursing care, which shall be provided by their employers. If the employer fails to arrange for nursing care, the employer shall bear the corresponding nursing care expenses. In practice, these expenses are generally determined by referring to local nursing care standards or relevant regulations, and shall be paid by the employer. Second, after the injured worker's disability level is assessed through labor capacity appraisal and it is confirmed that they need nursing care, the work injury insurance fund shall pay monthly nursing care expenses (if the employer has legally participated in the insurance). In other words, during the period of suspension of work and continued payment of wages, the nursing care shall be provided by the employer or borne by the employer; after the disability assessment, the nursing care expenses shall be handled in accordance with work injury insurance benefits, with different payment subjects for those who have participated in the insurance and those who have not.

1. Problem background and typical scenarios

When a worker is bedridden due to an occupational injury and his family members quit their jobs to care for him, the resulting loss of income and nursing expenses—who should bear these costs? Some companies say "insurance will cover it," while others argue "it's the family's responsibility to care for him." The debate over nursing fees, though seemingly small in amount, is fraught with controversy. Understanding the differences between "nursing during the salary continuation period" and "nursing expenses after disability" and clarifying who should bear these costs can help avoid being fobbed off with vague excuses.

II. Key points of contention

Firstly, the subject responsible for providing nursing care during the period of suspension of work with pay, whether the employer needs to send someone to provide care or pay nursing fees, usually depends on whether care is really needed and who actually provides the care. Secondly, how to determine the standard of nursing fees? Generally, it refers to the labor remuneration standard of local caregivers engaged in the same level of nursing care, or a certain percentage of the average monthly wage of workers in the pooled area in the previous year. Thirdly, the payment of living nursing care fees after disability is confirmed. The work injury insurance fund will pay monthly from the work injury insurance fund. Fourthly, the handling of the situation of non-insurance. The employer shall pay the corresponding expenses in accordance with the prescribed standards. In practice, the necessity of nursing care often becomes the focus of evidence and disputes between the two parties.

III. Professional analysis by Henglue Law Firm

Firstly, the rules for nursing during the paid leave period: For workers who are unable to take care of themselves after work-related injuries and require nursing during the paid leave period, the employer is responsible for providing the necessary care. If the employer fails to arrange for nursing, the family members or others may provide the care, and the corresponding nursing expenses shall be borne by the employer, with the standard being referenced to the labor remuneration for nursing staff at the same level in the local area or determined in accordance with relevant regulations. Secondly, the distinction from nursing expenses after disability: For those who are confirmed by the labor capacity appraisal committee to require nursing care, the work injury insurance fund shall pay monthly nursing care expenses, with the standard divided into different grades according to the degree of disability in daily life. This part is paid by the work injury insurance fund (for those who have participated in the insurance), and is not the same as the nursing care provided by the employer during the paid leave period. Thirdly, handling cases without insurance: For employers who fail to participate in work injury insurance in accordance with the law, the relevant work injury insurance benefits shall generally be paid by the employer in accordance with the items and standards prescribed by the regulations, and the nursing expenses shall also be borne by the employer, who cannot refuse to pay on the grounds of "non-participation in insurance". Fourthly, evidence and claims: To claim nursing care expenses, the worker shall provide medical orders and medical records to prove the inability to take care of themselves, the necessity and duration of nursing care, and the nursing personnel and expense receipts, etc. If the employer refuses to pay, the worker may claim the benefits together with other work injury insurance benefits in labor arbitration. In practice, the duration of nursing care and the necessity of nursing care are often determined based on the opinions of medical institutions or appraisal agencies, so it is crucial to fix the evidence in a timely manner.

IV. Practical suggestions and legal basis

The first step is to obtain medical records, diagnoses, and medical orders that can prove that the injured person is unable to care for themselves. The second step is to clarify the nursing staff and nursing period, and keep the expense vouchers. The third step is to claim the nursing expenses during the suspension of work and retention of wages from the employer; those who have participated in insurance can apply for living care expenses. The fourth step is to apply for labor arbitration within the statute of limitations if the employer refuses to pay. The fifth step is that the determination of the necessity and duration of nursing often relies on medical or appraisal opinions. It is recommended to obtain and properly preserve them during the treatment process to avoid difficulties in providing evidence afterwards. The main legal basis: Article 33 of the "Regulations on Work-Related Injury Insurance" (amended in 2010) stipulates that the employer is responsible for providing nursing services to injured workers who are unable to care for themselves during the suspension of work and retention of wages; Article 34 stipulates that the living care expenses shall be paid monthly from the work-related injury insurance fund after being confirmed to need living care; the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

There are three key points regarding nursing care during the paid leave period: 1. If the employee is unable to care for themselves during the paid leave period, the employer is responsible for providing nursing care. If the employer fails to arrange for care, they must bear the costs. 2. If it is confirmed that the employee requires nursing care after sustaining a disability, the Work Injury Insurance Fund will pay the nursing care expenses on a monthly basis. 3. For employees who are not covered by insurance, the employer must pay the relevant benefits according to standard rates. For matters involving labor arbitration and work injury compensation, please refer to the following channels:Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, which can integrate personal injury and appraisal.Personal injury and medical disputesFor reference, you can check the relevant information on the plate involving the operation of the enterpriseBusiness and contract disputes in enterprisesFor columns involving special handling, you can consult us for further assistanceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Who will bear the nursing care expenses during the period of suspension of work with pay?

For workers who are unable to take care of themselves and require nursing during the period of suspension of work and retention of salary, the employer shall be responsible for providing such nursing services; if the employer fails to assign personnel to provide nursing services, the employer shall bear the corresponding expenses.

Q2: How are the nursing care fees set?

In practice, it is generally determined by referring to the labor remuneration of local caregivers engaged in the same level of nursing services or relevant regulations.

Q3: Who will pay for the nursing care fees after the disability?

For those who need living care after being confirmed by the labor ability appraisal, the work-related injury insurance fund shall pay the living care fee on a monthly basis.

Q4: What should I do if my unit doesn't offer social insurance coverage?

The relevant work-related injury insurance benefits shall be paid by the employing units in accordance with the items and standards prescribed by the regulations, and the nursing expenses shall also be borne by them.

Q5: Is family care considered a paid service?

If the unit fails to send someone to provide care and the family members provide care instead, the corresponding care expenses shall be borne by the unit.

The above answer is based on the judicial practice in the Beijing area. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.