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Q:
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Will it be regarded as employment injury if an employee falls on the road on the way to work or get off work?
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A:
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It depends on the actual situation. According to the sixth paragraph of Article 14 of the Employment Injury Insurance Regulations, on the way to work or get off from work, staff injured by traffic accidents or urban rail transit, passenger ferry, or train accidents, who does not take main responsibility for the accident can be regarded as employment injury. In other words, the following three conditions must be met simultaneously:
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1.
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It needs to be on the way to work or get off from work at a reasonable time and a reasonable route.
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2.
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The injury is caused by traffic accidents or urban rail transit, passenger ferry, train accidents.
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3.
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The person does not take main responsibility for the accident.
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Q:
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Under what circumstances staff’s injury are not considered as employment injury?
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A:
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According to Article 37 of the Social Insurance Law, an employee’s injury or death at work caused by one of the following circumstances shall not be deemed as employment injury:
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1.
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Intentional crime;
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2.
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Being drunk or taking drugs;
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3.
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Self-harm or suicide;
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4.
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Other circumstances stipulated by laws and administrative regulations.
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Q:
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How to calculate wages during employment injury?
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A:
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According to the 1st paragraph of Article 33 of the Employment Injury Insurance Regulations, if an employee suffers from an accident at work or suffers from an occupational disease and needs to suspend work to receive medical treatment for employment injury, the wages and benefits shall remain unchanged during the suspension period, and the employer company shall pay on monthly basis.
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Q:
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Which expenses incurred due to employment injury shall be paid by the employer company?
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A:
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According to Article 39 of the Social Insurance Law, the following expenses incurred due to employment injury shall be paid by the employer in accordance with national regulations:
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1.
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Wages and benefits during the treatment of employment injury.
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2.
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Monthly disability allowance for disabled employees of level 5 and 6.
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3.
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The one-time disability employment subsidy that should be enjoyed when the labor contract is terminated or terminated.
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Q:
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What kind of treatment fees can be reimbursed after employment injury?
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A:
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The reimbursable expenses include the inspection fees, treatment fees, and medicines required for the treatment of employment injury, such as those that meet the Employment Injury Insurance Drug List, Employment Injury Insurance Diagnosis and Treatment Item List, Employment Injury Insurance Hospitalization Service Standards, and Employment Injury Rehabilitation Expenses. It should be noted that when treating employment injury, if a disease caused by a non-employment injury is treated at the same time, the employment injury insurance fund will not be reimbursed.
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Q:
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Can the medical expenses for employment injury incurred after retirement be reimbursed?
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A:
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Medical expenses incurred for the treatment of work-related injuries can be reimbursed regardless of whether the staff is retired or not if they meet the requirements of the Employment Injury Insurance Regulations.
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FAQ
