How to pay for the living nursing cost of workers?After commercial insurance claims, is the unit still responsible for undertaking work injury insurance?12333 Answer to you

12333 telephone consultation services provide public services such as policy consulting, information inquiry, service guidelines, online acceptance and complaint reports in the field of human resources and social security. Let's see how to answer doubts everywhere-

#01

consult

How to pay for the living nursing cost of workers in work injury?

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Beijing 12333 Answer:

If the employee of the work injury has evaluated the disability level and the labor ability appraisal committee is confirmed that the need for life care, the work injury insurance fund will pay the monthly care fee on a monthly basis.

Life nursing fees are not allowed to take care of themselves at all, and most of life cannot be paid by three different levels of life. The standards are 50%, 40%, or 30%of the average monthly salary of employees in the previous year.

#02

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Xiao Song is a truck driver of a company in Tianjin and has been working for 1 year. The company considers Xiao Song's position as a driver, with a large risk of work and insured him for commercial insurance, but has not paid social insurance. In April of this year, a car accident was injured during a car accident on the road of driving, and later was identified as a work injury. Xiao Song found an enterprise to pay for work injury. The relevant person in charge of the company believed that the commercial insurance company had paid relevant claims on the injury received by Xiao Song. For companies, companies do not need to pay separate work injury benefits. Xiao Song believed that this approach was inappropriate, so he called 12333 to ask.

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Tianjin 12333 Answer:

The approach of the enterprise where the small and small Songs are located in this case are wrong.

In order to ensure the rights and interests of workers' work injury, the Regulations on Work Injury Insurance stipulate that enterprises, institutions, social organizations, private non -enterprise units, foundations, law firms, accounting firms, etc. within the People's Republic of China Individual industrial and commercial households shall participate in work injury insurance in accordance with the provisions of the work injury insurance regulations to pay work injury insurance premiums for all employees or employees of the unit. Participants have the right to enjoy work injury insurance benefits in accordance with the provisions of work injury insurance regulations.

After the employees who have participated in work injury insurance and the employees who have not participated in the employee injury, the employer shall pay the work injury insurance treatment items and standard payment fees in accordance with the regulations of the work injury insurance regulations.

In summary, even if the enterprise purchases commercial insurance for Xiao Song, it cannot be exempted from the legal obligation of employers to pay work injury insurance premiums. After Xiao Song was identified as a working injury, the commercial insurance compensation received could not replace the benefits of work injury insurance.

Editor in this issue: Wang Yao

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