After the labor capacity appraisal committee confirms that the injured worker needs to install a prosthetic limb, the cost will be paid from the work-related injury insurance fund in accordance with national standards; the prosthetic limb must be fitted by an agreed institution, and any costs exceeding the standard shall be borne by the injured worker themselves.
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If it is confirmed that the recurrence of an old work-related injury requires treatment, the medical expenses shall be paid by the work-related injury insurance fund; if the unit has not participated in the insurance in accordance with the law, the unit shall bear the expenses according to the treatment standards, in accordance with Article 38 of the "Regulations on Work-related Injury Insurance".
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The cost of work-related injury rehabilitation treatment may be reimbursed by the work-related injury insurance fund if it meets the requirements; it must be confirmed, carried out in an agreed institution, and in accordance with the cost catalog, in accordance with Article 30 of the Work-Related Injury Insurance Regulations and Article 38 of the Social Security Law.
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Workers with level 5 to 10 work-related injuries may voluntarily terminate their employment relationship and receive a one-time medical and employment subsidy; those with level 1 to 4 must maintain their employment relationship until retirement. Before leaving the job, they should complete the appraisal, submit a written request, and have the subsidy calculated.
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If the unit refuses to pay the workers' compensation benefits, you can file a complaint, initiate arbitration, or file a lawsuit, and apply for compulsory enforcement. If you have purchased insurance and meet the relevant conditions, you can apply for advance payment from the workers' compensation insurance fund in accordance with Article 41 of the Social Insurance Law to protect your rights.
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During the period of suspension of work with pay, the original salary and benefits remain unchanged and can coexist with work-related injury benefits; one-time disability allowances and other benefits can also be received at the same time. However, disability allowances and wages are generally not compatible. If you receive the allowance, you will not be assigned to work.
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Workers who have suffered work-related injuries are subject to dismissal restrictions during the period of suspension of work and salary and the statutory protection period. If the employer illegally dismisses them, the workers can claim to continue to perform the contract or receive compensation (twice the amount of economic compensation), and first seek arbitration to confirm the illegal dismiss...
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For workers with level 5 or level 6 work-related injuries who are difficult to arrange work for by their units, their labor relations can be maintained and they do not need to go to work. The unit shall pay them a disability allowance (70% for level 5 and 60% for level 6) on a monthly basis and continue to pay social insurance for them. If the worker requests it, the labor relationship can be term...
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The one-time work-related injury medical subsidy is paid by the work-related injury insurance fund, provided that the injury is identified, the degree of disability is determined to be between level 5 and level 10, and the labor relationship is terminated or dissolved; the specific standards are set by the provincial government.
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During the period of suspension of work and retention of wages due to work-related injuries, the labor relationship between the employee and the employer continues to exist, and the employer is not allowed to stop paying social insurance premiums. According to the Social Insurance Law and the Work-Related Injury Insurance Regulations, any unauthorized suspension of social insurance payments may le...
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The degree of nursing dependency is assessed based on five daily activities such as eating and turning over, and is divided into three levels: complete, partial, and none. According to the "Regulations on Work-Related Injury Insurance", the living care allowance is calculated based on 50%, 40%, and 30% of the average wage in the coordinated area.
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After the assessment of the disability level, if there are changes in the injury condition, the applicant may apply for a review and appraisal. According to the provisions of the "Regulations on Work-related Injury Insurance" regarding the appraisal of labor capacity, if the original disability level does not match the actual situation, it can be reassessed, which will affect the adjustment of wor...
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The re-examination and appraisal focus on the changes in the degree of disability after one year from the initial conclusion, while the second appraisal is for those who disagree with the initial conclusion and must apply for it within 15 days, and the result is final. The two appraisals have different prerequisites, time limits, and legal effects.
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The work-related injury appraisal fees are paid by the work-related injury insurance fund if the worker is insured, and by the employer if the worker is not insured. Non-work-related injuries are generally self-paid. It is recommended to advance the payment and then apply for reimbursement or make a claim with the receipts.
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The work-related injury disability is classified into ten levels of labor function impairment (with level I being the most severe) and three levels of self-care impairment according to GB/T 16180. The level determines the multiple of one-time disability compensation and other work-related injury benefits.
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