[Direct answer]It is stipulated by the people's governments of the coordinated regions that the work-related injury insurance fund shall pay for those who participate in work-related injury insurance. Article 30 of the "Regulations on Work-Related Injury Insurance" (amended in 2010) stipulates that workers who suffer from work-related injuries or occupational diseases shall enjoy work-related medical treatment benefits; the meal allowances for workers hospitalized for work-related injuries, as well as the transportation and accommodation expenses required for work-related injury patients to seek medical treatment outside the coordinated regions, upon presentation of a certificate issued by a medical institution and approval by the administrative agency, shall be paid by the work-related injury insurance fund. The specific payment standards shall be stipulated by the people's governments of the coordinated regions. Therefore, the meal allowances for hospitalization do not have a unified national standard, but are stipulated by each coordinated region. In Beijing, the standards are implemented in accordance with the regulations of the Beijing Municipal Government. If the employing units fail to participate in work-related injury insurance in accordance with the law, the relevant expenses shall be borne by the employing units.

I. Problem Background and Typical Scenarios

During the hospitalization period of workers injured at work, in addition to medical expenses and wages during the period of suspension of work and retention of salary, meal subsidies are also a deserved benefit. However, many people are not clear about who sets the standards and who to claim from. Some employers do not participate in the insurance program, and workers do not know whether to claim from the employer or the fund; some seek medical treatment in areas outside the unified insurance system, but fail to claim for transportation, accommodation and meal expenses, resulting in omissions in the benefits.

II. Key points of contention

First, the subject of payment for meal subsidies. Second, the authority that determines the specific standards. Third, how to claim transportation and accommodation expenses when seeking medical treatment across different social insurance regions. Fourth, the responsibility for bearing expenses in the absence of insurance coverage. Fifth, the application requirements and necessary materials.

III. Professional analysis by Henglue Law Firm

Henglue Lawyer explained the compensation structure and application process. Firstly, regarding the payer: For those who have legally participated in work injury insurance, the hospitalization meal subsidy shall be paid by the work injury insurance fund; for those who have not participated in the insurance, the employer shall pay the expenses in accordance with the provisions of Article 62 of the Work Injury Insurance Regulations and the standards specified in the regulations. Employees can directly claim compensation from their employers. Secondly, regarding the standard determination: The specific standard for meal subsidies shall be determined by the people's governments of the unified regions, which varies from place to place. Employees should follow the current standards of the insured area or the unified region, and cannot apply the standards of other regions. Thirdly, regarding the expenses for medical treatment in other regions: If the employee obtains the consent of the medical institution and the insurance agency and goes to a hospital outside the unified region for treatment, the transportation and accommodation expenses shall also be paid by the fund, and the standards shall be determined by the unified region; if the employee goes to a hospital without obtaining the consent, it may affect the reimbursement. Fourthly, regarding the application conditions: The application generally relies on the work injury identification and treatment facts, and the applicant needs to submit materials such as the work injury identification decision, the hospitalization medical records and expense vouchers, and the identity proof, and apply through the employer or directly to the insurance agency. Fifthly, regarding the dispute resolution: If the employer refuses to pay or the insurance agency refuses to pay, the applicant can claim compensation through labor dispute arbitration, administrative reconsideration, or litigation. When applying for work injury compensation in Beijing, it is recommended to confirm the standards and materials list with the insurance agency in advance to avoid repeated submission of materials.

IV. Practical suggestions and legal basis

Action suggestions: First, confirm the work-related injury identification and insurance coverage status, and clarify the payment subject; Second, verify the meal subsidy and out-of-area medical treatment cost standards with the coordinating regional administrative agencies; Third, keep the hospitalization records, expense receipts, and out-of-area medical treatment approval materials; Fourth, promptly apply for arbitration or review if the unit refuses to pay. For issues related to work-related injury benefits, you can refer to the relevant regulations and policies.Labor arbitration and work-related injury compensationFor cases involving labor disputes, you can refer to the following materials for reference:Special servicesLegal basis: Article 30 and Article 62 of the "Regulations on Work-Related Injury Insurance" (amended in 2010), relevant provisions of the "Social Insurance Law of the People's Republic of China", and the regulations of the people's governments of the coordinated regions on the standards of work-related injury benefits. The specific application shall be subject to the currently effective laws and regulations and local standards.

5. Henglu Law Firm's Reminder

Firstly, the standard of meal subsidies is set by the unified region, and there is no nationwide unified amount. Secondly, the uninsured expenses shall be borne by the employing unit, and the employee can directly claim them from the unit. Thirdly, medical treatment in other places must be approved in advance, otherwise it may affect the reimbursement. Fourthly, the omitted items of benefits should be checked item by item, and do not just collect the medical expenses. For those involving work-related injury benefits and compensation, they can be handled through legal channels.Labor arbitration and work-related injury compensationThe service obtains an overall solution, and those involving labor dispute resolution can be integrated into it.Special servicesFor cases involving personal injury (such as third-party infringement), you can refer to the relevant provisions in the contract.Personal injury and medical disputesFor any questions regarding the compliance of enterprise employment practices, please feel free to consult us.Business and contract disputes in enterprisesTeam.

VI. Frequently Asked Questions

Q1: How much is the daily meal allowance for workers injured at work during hospitalization?

There is no national unified standard. It is stipulated by the people's governments of the coordinated regions, and the amounts vary from place to place. It should be implemented according to the current standards of the insured area or the coordinated area. You can check and confirm with the local social security agencies.

Q2: Who pays for the meal subsidy?

For those who have participated in work injury insurance, the payments shall be made by the work injury insurance fund; for those who have not participated in the insurance, the payments shall be made by the employing units in accordance with the items and standards prescribed by the regulations. Workers can accordingly determine whether to claim compensation from the fund or from the units.

Q3: Can the expenses of medical treatment in a different city be reimbursed?

After obtaining a certificate from the medical institution and obtaining the approval of the handling agency, the transportation and accommodation expenses incurred when seeking medical treatment outside the coordinated area shall be paid by the fund, and the standards shall be determined by the coordinated area. Seeking medical treatment without obtaining approval may affect the reimbursement.

Q4: What should I do if my employer refuses to provide it?

If the unit refuses to pay under the circumstances of non-insurance, you can first negotiate with them. If the negotiation fails, you can apply for labor dispute arbitration. If the handling agency refuses to pay, you can claim through administrative reconsideration or administrative litigation. Be sure to keep the relevant evidence and communication records.

Q5: What materials do I need to prepare?

The work-related injury identification decision, hospitalization records and expense receipts, identity proof, materials for approval of medical treatment in other places, and bank account information, etc. It is recommended to confirm the list with the handling agency in advance to avoid repeatedly submitting supplementary materials.

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

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. In the event of a dispute, please consult a practicing lawyer in time.