How is the industrial injury nursing fee generally compensated?
The compensation standard of work-related injury nursing expenses is divided into two situations, the nursing expenses during treatment and those who are assessed as disabled and confirmed by the labor ability appraisal Committee to need life nursing. The nursing expenses during the treatment period shall be borne by the unit. In the second case, payment is graded according to the degree of self-care. According to the provisions of Articles 33 and 34 of the Regulations on Work-related Injury Insurance, if the injured workers who can't take care of themselves need care during the paid shutdown, their units shall be responsible. Workers with work-related injuries who have been assessed as disabled and confirmed by the labor ability appraisal committee need life care shall be paid by the work-related injury insurance fund on a monthly basis. Life care fees are paid according to three different levels: completely unable to take care of themselves, mostly unable to take care of themselves or partially unable to take care of themselves, and their standards are 50%, 40% or 30% of the average monthly salary of employees in the overall planning area respectively. The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 1 If the obligee for compensation has been infringed upon his life, health and body, and requests the obligor for compensation for property losses and mental damages, the people's court shall accept it. The obligee for compensation mentioned in this article refers to the victim who directly suffered personal injury due to tort or other damage reasons, the victim's legal obligation to support him, and the close relatives of the deceased victim. Article 2 Where the victim intentionally or negligently causes the occurrence or expansion of the same damage, the liability of the obligor for compensation may be reduced or exempted in accordance with the provisions of Article 131 of the General Principles of the Civil Law. However, if the infringer causes damage to others intentionally or due to gross negligence, and the victim has only general negligence, the liability of the compensation obligor shall not be reduced. When the third paragraph of Article 106 of the General Principles of Civil Law is applied to determine the liability of the compensation obligor, if the victim has gross negligence, the liability of the compensation obligor may be reduced. Article 3 Where two or more persons intentionally or negligently cause damage to others, or their infringement acts are directly combined to produce the same damage result, it constitutes * * * infringement, and they shall be jointly and severally liable in accordance with the provisions of Article 130 of the General Principles of the Civil Law. If two or more persons have no intention or negligence, but several acts they have committed are indirectly combined to cause the same damage, they shall bear corresponding liability for compensation according to the size of negligence or the proportion of causal power. Article 4 Where two or more persons commit acts endangering the personal safety of others, causing damage and the actual infringer cannot be identified, they shall be jointly and severally liable in accordance with the provisions of Article 130 of the General Principles of the Civil Law. * * * The same dangerous actor can prove that the damage result was not caused by his behavior, and he will not be liable for compensation. Article 5 If the obligee for compensation sues a * * with the infringer as the defendant, the people's court shall add other * * with the infringer as the defendant. If the obligee for compensation waives the claim against some joint infringers, the other joint infringers shall not be jointly and severally liable for the defendant's waiver of the claim for compensation. If the scope of liability is difficult to determine, it is presumed that each * * * bears the same responsibility as the infringer. The people's court shall inform the obligee of compensation of the legal consequences of giving up the creditor's rights, and specify the situation of giving up the creditor's rights in legal documents. Article 6 If a natural person, legal person or other organization engaged in business activities such as accommodation, catering, entertainment or other social activities fails to fulfill its security obligations within a reasonable range and causes personal injury to others, the people's court shall support it. If damage is caused by infringement by a third party, the infringing third party shall be liable for compensation. If the security obligor is at fault, he shall bear the corresponding supplementary liability for compensation within the scope that he can prevent or stop the damage. After assuming the responsibility, the security obligor may claim compensation from a third party. According to Article 33 of the Regulations on Work-related Injury Insurance, if an employee needs to suspend work and receive work-related injury medical treatment due to work-related accidents or occupational diseases, the original salary and welfare benefits will be paid as usual during the period of unpaid leave.