Traditional Culture Encyclopedia - Hotel franchise - Industrial injury

Industrial injury

Lawyer Hu of Guangdong:

Supplementary answer: I have a cerebral hemorrhage in the hotel, which means it is not a work-related injury. The key to losing money now is to do work-related injury identification. Without the appraisal, everything else is empty talk, without legal protection, that is, everything depends on the hotel's conscience, so he will pay, and he can't help it if he doesn't give money to your family.

If cerebral hemorrhage can be identified as work-related injury, you can ask the hotel to pay the following compensation. If the hotel doesn't buy social security, the compensation under the social security fund is paid by the company, but the key is whether it can be recognized as a work-related injury. The hotel said that the compensation is based on work-related injury compensation or humanitarianism. What needs to be clear is that from the situation you described, it cannot be considered as a work-related injury:

(1) Article 29, paragraph 3, Medical expenses

1, standard: payment from industrial injury insurance fund

2. Requirements: (1) Treatment in a medical institution with a service agreement;

(2) The expenses for work-related injury treatment are in line with the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance.

(2) Food allowance, paragraph 4

1, standard: 70% of the company's food subsidy standard for business trip.

2. Requirements: During hospitalization.

(iii) Accommodation and transportation expenses Paragraph 4

1, standard: standard reimbursement for business trip of employees of this unit.

2. Requirements: (1) Workers with work-related injuries should seek medical treatment outside the overall planning area;

(2) The certificate issued by the medical institution shall be submitted to the agency for examination and approval.

(4) Paragraph 6 Rehabilitation expenses

1, standard: paid from the industrial injury insurance fund.

2. Requirements: (1) Medical institutions that have signed service agreements;

(2) in line with the catalogue of work-related injury insurance diagnosis and treatment projects, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance.

(5) Fees for assistive devices Article 30

1, standard: paid from the industrial injury insurance fund according to the national standard.

2. Requirements: (1) Due to the needs of daily life or employment, confirmed by the Labor Ability Appraisal Committee;

(2) Install artificial limbs, orthoses, artificial eyes, dentures and wheelchairs and other auxiliary devices.

(6) Article 3 1

1, standard: the original salary and welfare are unchanged, and the unit will pay it monthly.

2. Requirements: (1) Generally, the paid shutdown period shall not exceed 12 months; If the injury is serious or the situation is special, it may be appropriately extended upon confirmation by the Municipal Labor Ability Appraisal Committee with districts, but the extension time shall not exceed 12 months.

(2) Workers with work-related injuries who still need treatment after the expiration of paid shutdown shall continue to enjoy medical treatment for work-related injuries.

(7)3 1 life care fee

1, standard: completely unable to take care of themselves, and 50% of the average monthly salary of employees in the last year.

Most people can't take care of themselves, accounting for 40% of the average monthly salary of ground workers.

Part can not take care of themselves, according to the local average monthly salary of 30% as a whole.

2. Requirements: (1) If care is needed during paid shutdown, the employer shall be responsible;

(2) If the disability level has been assessed and the labor ability appraisal committee confirms the need for life care, the life care fee shall be paid by the industrial injury insurance fund on a monthly basis.

(eight) thirty-sixth the cost of recurrence of work-related injuries.

1, standard: enjoy the treatment of work-related injuries stipulated in Articles 29, 30 and 31 of this Ordinance.

2. Requirements: Workers with work-related injuries need treatment for their recurrence.