专业团队

一、可主张哪些工伤赔偿

劳动者可主张哪些工伤赔偿？根据工伤保险条例，员工发生工伤后，可以主张的赔偿项目根据伤亡情况的不同可以分为以下两种情况：

1、员工发生工亡的情况。员工因工死亡后，赔偿项目包括：丧葬费，供养亲属抚恤金，一次性工亡补助金。

其中，丧葬费为6个月的统筹地区上年度职工月平均;供养亲属抚恤金按照工亡职工本人工资的一定比例发放给由工亡职工生前提供主要生活来源、无劳动能力的亲属;一次性工亡补助金标准为上一年度全国城镇居民人均可支配收入的20倍。

2、员工发生工伤的情况。员工发生工伤后，赔偿项目主要包括：医疗费、住院伙食补助费、交通食宿费、辅助器具费、停工留薪期内的工资、生活护理费、伤残补助金、伤残津贴、一次性工伤医疗补助金和伤残就业补助金。

二、怎样获取工伤赔偿

劳动者怎样获取工伤赔偿，在事故发生后，受伤职工应及时进行工伤认定，工伤认定是工伤保险赔偿的第一步。

为切实实现劳动者的工伤救济权，《工伤保险条例》规定了一系列的程序，工伤认定是工伤保险赔偿的第一步，也是工伤保险赔偿必经之路，只有对职工伤害性质予以依法认定之后，才可能出现“工伤”赔偿问题。工伤认定是劳动行政部门根据申请对工伤性质予以确认的行政行为，工伤认定权归属于行政机关，也就是说，只有劳动行政部门才具有工伤性质的决定权，没有行政机关的工伤认定其他机关无权依工伤待遇予以处理。所以，劳动者在遭遇事故伤害后应当按照法律规定的程序进行索赔，任何违反程序的行为都会给自己的索赔带来障碍。

另外，值得注意的是，工伤认定申请必须在法定期间内进行，超过认定期限将丧失依法予以认定的机会，所以，工伤事故发生后，劳动者应当按照法律规定的程序及时进行索赔，特别注意程序中的时限性规定，这是权利获得法律保障所必须的。

劳动者在工伤索赔过程中遇到有争议事项时，应通过合法的途径予以解决。

1、 What work-related injury compensation can be claimed

What types of work-related injury compensation can workers claim? According to the Work Injury Insurance Regulations, the compensation items that employees can claim after suffering a work injury can be divided into the following two situations based on the severity of the injury:

1. Employee fatalities at work. After an employee dies at work, the compensation items include funeral expenses, compensation for supporting relatives, and a one-time work-related death allowance.

Among them, the average monthly funeral expenses for employees in the coordinated area of 6 months in the previous year; The pension for supporting relatives shall be distributed to the relatives of the deceased worker who provided their main source of livelihood and had no ability to work, in accordance with a certain proportion of their own salary; The standard for one-time work-related death allowance is 20 times the per capita disposable income of urban residents in China in the previous year.

2. The occurrence of work-related injuries among employees. After an employee suffers a work-related injury, the compensation items mainly include medical expenses, hospitalization meal allowance, transportation and accommodation expenses, auxiliary equipment expenses, wages during the period of work stoppage and salary retention, living care expenses, disability allowance, one-time work-related injury medical subsidy, and disability employment subsidy.

2、 How to obtain work-related injury compensation

How can workers obtain work-related injury compensation? After an accident occurs, injured employees should promptly undergo work-related injury recognition, which is the first step in work-related injury insurance compensation.

In order to effectively realize the right of workers to work-related injury relief, the Regulations on Work Injury Insurance stipulate a series of procedures. The determination of work-related injury is the first step in compensation for work-related injury insurance, and it is also a necessary path for compensation. Only after the nature of the employee's injury is legally recognized, can the issue of compensation for work-related injury possibly arise. Work injury recognition is an administrative action taken by the labor administrative department to confirm the nature of the work injury based on the application. The power of work injury recognition belongs to the administrative organ, which means that only the labor administrative department has the decision-making power of work injury nature. Other organs without administrative organs have no right to handle work injury recognition based on work injury benefits. Therefore, workers should claim compensation according to the legal procedures after encountering accidents and injuries. Any violation of the procedures will bring obstacles to their claims.

In addition, it is worth noting that the application for work-related injury recognition must be made within the statutory period. If the recognition period is exceeded, the opportunity to be recognized in accordance with the law will be lost. Therefore, after a work-related accident occurs, workers should make timely claims in accordance with the legal procedures, paying special attention to the time limit provisions in the procedures, which are necessary for obtaining legal protection of rights.

When workers encounter disputes during the process of claiming work-related injuries, they should resolve them through legal means.