What Are the Different Types of Inpatient Treatment?

In-patient meal subsidy refers to the expenses incurred by the victim to compensate for the reasonable excess after the victim suffered personal injury because his meal expenses during the hospital treatment exceeded the usual home meal expenses.

Hospital meal subsidy

In-patient meal subsidy refers to the expenses incurred by the victim to compensate for the reasonable excess after the victim suffered personal injury because his meal expenses during the hospital treatment exceeded the usual home meal expenses.

Chinese name

Hospital meal subsidy

Unit

Units give compensation

Solid

Reasonable excess compensation costs

Specifically

Make the necessary meals

In-patient meal subsidy refers to the meal subsidy paid by the victim's unit in accordance with the standard of meal subsidy for business trips in order to make necessary meal consumption during the hospitalization of the work-related injury. What is necessary is also one of the consequences of an industrial injury accident. According to Article 30, paragraph 4, of the "Injury Insurance Regulations", payment is made from the industrial injury insurance fund, and the standard of the fund payment is stipulated by the people's government of the overall planning region.

1. The "State Council" issued in 1991

Paragraph 4 of Article 30 of the "Injury Insurance Regulations" stipulates: "Employees shall be provided with meal subsidies for hospitalization and treatment of industrial injuries, and shall be certified by the medical institution and submitted to the agency for approval. The expenses are paid from the work injury insurance fund, and the specific standards for the fund's payment are stipulated by the people's government of the co-ordination area. "

Compensation amount for in-patient meal subsidy = Standard meal subsidy for general staff of state agencies (yuan / day) × hospitalization days

For example: Xu is the chairman of a spinning mill union. He will take a taxi to the city government to attend a meeting one morning. On the way, the taxi driver accelerated to speed up and was knocked over by an oncoming bus at an intersection. Xu was seriously injured and was hospitalized for 20 days. The area where Xu is located is a developed province in eastern China. The subsidy rate for meals for business trips of local government staff is 20 yuan / day. In this way, Xu can get hospitalization meal subsidy of 20 yuan / day × 20 days = 400 yuan.

It can also be learned from the judicial interpretation of the Supreme People's Court that the food expenses of the victim's escort should also be compensated. Although the necessary nursing staff of the victim during the hospitalization period can obtain the nursing fee, the nursing fee is paid in comparison with the cost of lost work and is not a food subsidy item. Victims cannot usually take care of themselves completely during the hospitalization. Relatives who care for them suffer emotionally and have inconvenience in life. They should be provided with necessary financial compensation. The victim was therefore

1. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Compensation for Personal Injury Cases stipulates that the subsidy for hospitalization meals can be determined with reference to the standard for subsidies for business trips of general staff of local state agencies.

1.1 " Local state authorities", it is important to note that the victim is local ;

1.2 Followed by general staff, this cannot be arbitrarily expanded;

1.3 " Can be referenced", it is not necessary to refer to it, which requires the people's court to try

In principle, the compensation period for meal allowance is the hospitalization period, that is, the meal allowance is calculated based on the period of time during which the victim is hospitalized. How many days are multiplied by the daily standard of the general staff of the local state agency to obtain a specific meal? Subsidies.

Accommodation and meals for field treatment

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Compensation for Personal Injury Cases stipulates that if the victim does need to be treated outside the country and cannot be hospitalized for objective reasons, the obligor should also compensate the victim himself and his accompanying staff Reasonable part of the accommodation and meal expenses incurred.

To understand this regulation, we must focus on the following points:

1. Prerequisites for the application of this paragraph

The victim "really needs to be treated abroad" is a prerequisite for the obligor to pay this cost. The right holder of compensation shall provide sufficient evidence to prove whether it is necessary to go to the field for treatment. For example, a written document from a local medical institution recommending treatment in a foreign country, or evidence that there is really no condition for treatment in the country and that a foreign country is needed. The court must scrutinize this, and at the same time, allow the obligor to raise objections and provide relevant evidence. If the local hospital is completely able to treat it, and the victim decides to go to a foreign country for treatment, the compensation for the accommodation costs will not be borne by the obligor.

2. Objective reasons for inability to be hospitalized

This means that: if the victim can be hospitalized, he should be hospitalized; if the victim cannot be hospitalized and stayed outside the hospital, it must be caused by the objective situation such as the hospital is no longer in the hospital, not by the victim or his relatives.

3. On the "reasonable part"

As for the actual accommodation and food expenses incurred by the victim in the treatment outside the country, the compensation obligor only compensates for a reasonable portion. What is reasonable depends on the specific case. For example, consider price and consumption levels between different regions. The compensation standard for accommodation costs is in principle based on the accommodation standard for civil servants on business trips. However, due to the fact that the actual standard for business trips is too low and the actual accommodation standard is too high, the compensation standard can be appropriately higher than the standard for civil servants on business trips.

4. If the victim is treated outside the country, the reasonable part of the actual accommodation and meal expenses incurred by the necessary accompanying staff should also be compensated.

1. Regulations on Work Injury Insurance

Article 29 If an employee is hospitalized for work-related injuries, the unit to which he / she is based shall pay 70% of the subsidy rate for meals on business trips.

2. Regulations on Handling Medical Accidents

Article 50 Paragraph 3 Hospital food subsidy: calculated according to the standard of food subsidy for general staff of the state agency where the medical accident occurred.

3. "Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases of Compensation for Personal Damage"

Article 23 The subsidy for in-patient meals can be determined with reference to the standard for subsidy for meals provided by general staff of local state agencies.