Traditional Culture Encyclopedia - Hotel franchise - Did the hotel compensate you for your fracture while working in the hotel?
Did the hotel compensate you for your fracture while working in the hotel?
What is the compensation standard for industrial accidents?
1, medical treatment amount+drug amount+hospitalization service amount (the calculation basis of the above items is Catalogue of Work-related Injury Insurance Treatment Items, Catalogue of Work-related Injury Insurance Drugs and Standard of Work-related Injury Insurance Hospitalization Service).
2. Hospitalization food subsidy The standard of food subsidy for business trip of the victim's unit (RMB/person/day) ×70%× day.
3. Transportation and accommodation expenses The transportation expenses of the victim's business trip work unit × round trips+travel accommodation expenses × days+travel meals × days.
(1) It is suitable for employees with work-related injuries to seek medical treatment outside the overall planning area.
(2) The medical institution shall issue a certificate and report it to the industrial injury insurance agency for handling.
(3) The necessary transportation and accommodation expenses paid by the necessary accompanying personnel are also calculated according to this.
4. Expenses of assistive devices: reasonable expenses of common applicable devices (see corresponding standards in Road traffic accident compensation).
5, life care costs:
① Persons who can't take care of themselves completely: the average monthly salary of employees in the overall planning area last year ×50%.
② People who can't take care of themselves for most of their lives: the average monthly salary of employees in the overall planning area last year ×40%.
③ People who can't take care of themselves: the average monthly salary of employees in the overall planning area last year ×30%.
(4) Living nursing expenses are paid monthly and adjusted by the administrative department of labor and social security in the overall planning area. During the calculation, you can refer to the judicial interpretation of the Supreme Court on personal injury compensation.
⑤ There are no specific provisions for distinguishing three nursing levels, which can be determined by referring to the Trial Measures for Industrial Injury Insurance for Enterprise Employees and the relevant provisions of the Supreme Court's judicial interpretation on personal injury compensation.
6. Disability allowance
Grade I: g×27;; ;
Grade II: g×25;; ;
Level 3: g×23;; ;
Level 4: g× 21;
Grade 5: g×18; ;
Grade 6: g×16; ;
Grade 7: g×13; ;
Grade 8: g×11; +0;
Grade 9: g× 9;
Tenth grade: g×7
(1) g refers to my salary, that is, the average monthly payment salary of the injured worker 12 months before he suffers an accident or an occupational disease.
② If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated as 300% of the average wage of employees in the overall planning area; If it is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.
7. Disability allowance
① Grade I: g× 90%; Grade II: g× 85%; Grade III: g× 80%; Grade 4: If the actual amount of g×75% is lower than the local minimum wage, the industrial injury insurance fund will make up the difference.
(2) If it is difficult to arrange work for disabled employees of Grade 5 and Grade 6, the employer will issue disability allowance, Grade 5: g × 70%; Grade 6: g×60%. Below the local minimum wage, the employer shall make up the difference.
③ Disability allowance is paid monthly.
The compensation process of industrial injury insurance generally includes industrial injury identification, industrial injury identification, review, acceptance, investigation and verification, and administrative decision.
1. Work-related injury identification: After an employee's work-related injury accident occurs, the employer, the employee with work-related injury or his immediate family members shall submit an application for work-related injury identification to the administrative department of labor and social security of the employer's work-related injury insurance co-ordination area in time, and register and receive the application form for work-related injury identification and other materials. Xiaoding.com reminded that it is necessary to pay attention to the application time, and it is best to apply within the prescribed time limit; The administrative department of social security shall make a decision on work-related injury identification within 60 days from the date of accepting the application for work-related injury identification, and notify it in writing.
2. Identification of work-related injury: If the injury is stable after relevant treatment, the labor ability shall be identified. Work-related injury identification needs to provide work-related injury identification decision and related work-related injury medical materials. The labor ability appraisal committee shall make a labor ability appraisal result within 60 days from the date of receiving the application for work-related injury identification.
3. Submit relevant materials: There are many materials to be submitted for compensation of work-related injury insurance, mainly including work-related injury identification notice, diagnosis certificate, copy of ID card, application form for work-related injury insurance benefits, copy of original work-related injury identification certificate, copy of bank card, copy of outpatient medical records, charge invoice, copy of prescription, copy of hospitalization medical records, hospitalization certificate, discharge certificate, hospitalization expense list, hospitalization charge invoice, labor relation certificate, medical diagnosis certificate or occupational disease diagnosis certificate, etc.
4. Audit: The labor and social security department shall audit the materials submitted by the employees with work-related injuries and make a decision on whether to accept them;
5. Acceptance: If the materials provided by the injured workers are complete, the administrative department of labor security shall accept them and issue a notice of acceptance.
6. Administrative decision: The labor and social security department shall make an administrative decision on whether it is a work-related injury within 60 days from the date of acceptance.
To sum up, it is Bian Xiao's relevant answer to the problem of compensation for falls in hotel work. I hope I can help you.
Legal basis: Article 179 of the Civil Code.
The scope of compensation for property losses caused by infringement on others, reasonable expenses for treatment and rehabilitation such as medical expenses, nursing expenses and transportation expenses, and the income reduced due to missed work shall be compensated. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.
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