How to calculate labor injury
Publish: 2021-05-22 10:00:19
1. Disability insurance benefits
(1) disability allowance
1. Standard: first class 24 months' salary, second class 22 months' salary, third class 20 months' salary, fourth class 18 months' salary
2 2) Those who are identified as grade one to grade four disabled shall retain labor relations and withdraw from their posts 3) (2) disability allowance
1. Standard: 90% of one's salary; 85% of the salary of the second level person; 80% of the salary of the third level person; 75% of my salary< 2. Requirements: (1) monthly payment from the instrial injury insurance fund 2) If the actual amount of disability allowance is lower than the local minimum wage standard, the instrial injury insurance fund shall make up the difference 3) When they reach the retirement age and go through the retirement proceres, they will stop paying allowances and enjoy basic pension insurance benefits. If the basic old-age insurance treatment is lower than the disability allowance, the instrial injury insurance fund shall make up the difference 4) The basic medical insurance premium shall be paid by the employer and indivial employees based on the disability allowance; My salary of 14 months in Grade 6
2. Requirement: one time payment from work injury insurance fund according to disability level< (4) disability allowance
1. Standard: 70% of the salary of level 5; 60% of my salary< 2. Requirements: (1) keep the labor relationship with the employer, and the employer shall arrange appropriate work 2) If it is difficult to arrange work, the employing unit shall pay monthly disability allowance, and the employing unit shall pay various social insurance premiums according to regulations 3) If the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference.
(V) work related injury medical allowance and disability employment allowance.
1. Standard: Level 5 and level 6. The specific standard is stipulated by the people's Government of the province, autonomous region and municipality directly under the central government.
2. Requirements: proposed by the injured employee himself, The employee can cancel or terminate the labor relationship with the employer, and the employer shall pay the one-time work-related injury medical allowance and disability employment allowance; The salary of Grade 8 for 10 months; The salary of grade 9 for 8 months; My salary is 6 months< (7) medical allowance and disability employment allowance
1. Standard: Level 7, level 8, level 9 and level 10. The specific standard is stipulated by the people's Government of the province, autonomous region and municipality directly under the central government, Or if the employee himself proposes to terminate the labor contract, the employer shall pay the one-time work-related injury medical allowance and disability employment allowance.
(1) disability allowance
1. Standard: first class 24 months' salary, second class 22 months' salary, third class 20 months' salary, fourth class 18 months' salary
2 2) Those who are identified as grade one to grade four disabled shall retain labor relations and withdraw from their posts 3) (2) disability allowance
1. Standard: 90% of one's salary; 85% of the salary of the second level person; 80% of the salary of the third level person; 75% of my salary< 2. Requirements: (1) monthly payment from the instrial injury insurance fund 2) If the actual amount of disability allowance is lower than the local minimum wage standard, the instrial injury insurance fund shall make up the difference 3) When they reach the retirement age and go through the retirement proceres, they will stop paying allowances and enjoy basic pension insurance benefits. If the basic old-age insurance treatment is lower than the disability allowance, the instrial injury insurance fund shall make up the difference 4) The basic medical insurance premium shall be paid by the employer and indivial employees based on the disability allowance; My salary of 14 months in Grade 6
2. Requirement: one time payment from work injury insurance fund according to disability level< (4) disability allowance
1. Standard: 70% of the salary of level 5; 60% of my salary< 2. Requirements: (1) keep the labor relationship with the employer, and the employer shall arrange appropriate work 2) If it is difficult to arrange work, the employing unit shall pay monthly disability allowance, and the employing unit shall pay various social insurance premiums according to regulations 3) If the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference.
(V) work related injury medical allowance and disability employment allowance.
1. Standard: Level 5 and level 6. The specific standard is stipulated by the people's Government of the province, autonomous region and municipality directly under the central government.
2. Requirements: proposed by the injured employee himself, The employee can cancel or terminate the labor relationship with the employer, and the employer shall pay the one-time work-related injury medical allowance and disability employment allowance; The salary of Grade 8 for 10 months; The salary of grade 9 for 8 months; My salary is 6 months< (7) medical allowance and disability employment allowance
1. Standard: Level 7, level 8, level 9 and level 10. The specific standard is stipulated by the people's Government of the province, autonomous region and municipality directly under the central government, Or if the employee himself proposes to terminate the labor contract, the employer shall pay the one-time work-related injury medical allowance and disability employment allowance.
2. This is based on your medical expenses, as well as the cost of work delay and nutrition. The compensation for the injury depends on when you can get well. If you can't calculate the compensation according to your length of service to the retirement age
3. 1 Medical expenses. The expenses for the treatment of work-related injury must conform to the list of diagnosis and treatment items of work-related injury insurance, the list of work-related injury insurance drugs, and the hospitalization service standard of work-related injury insurance 2 Food allowance for hospitalization. If an employee is hospitalized for treatment of work-related injury, the unit to which he belongs shall pay 70% of the food subsidy standard for business trip. (3) transportation expenses and accommodation expenses for medical treatment in other places. After the medical institution issues a certificate and reports to the agency for approval, if the injured employee goes to seek medical treatment outside the overall planning area, the transportation, board and lodging expenses shall be reimbursed by the unit according to the business trip standard of the employee of the unit 4 Rehabilitation costs. If the expenses for rehabilitation treatment of the injured employees in the medical institutions that have signed the service agreement meet the requirements of the third paragraph of this article in the catalogue of diagnosis and treatment items of instrial injury insurance, the catalogue of drugs of instrial injury insurance and the hospitalization service standard of instrial injury insurance, they shall be paid from the instrial injury insurance fund 5 Auxiliary equipment cost. Due to the needs of daily life or employment, the injured workers can install artificial limbs, orthoses, artificial eyes, artificial teeth, wheelchairs and other assistive devices upon the confirmation of the labor ability appraisal committee, and the required expenses shall be paid from the work injury insurance fund according to the standards stipulated by the state< (6) wages ring the period of work stoppage. If an employee needs to suspend work and receive medical treatment for work-related injury e to accident injury or occupational disease at work, the original wages and benefits shall remain unchanged ring the period of shutdown and salary retention, and shall be paid monthly by the unit to which he belongs 7 Living and nursing expenses. If an injured worker who can't take care of himself needs nursing care ring the period of work stoppage and salary retention, his unit shall be responsible for it. If the injured employee has been assessed the disability level and confirmed by the labor ability appraisal committee to need life care, the life care fee shall be paid monthly from the work injury insurance fund. The living care fee is paid according to three different levels: totally unable to take care of oneself, most unable to take care of oneself or part unable to take care of oneself. The standard is 50%, 40% or 30% of the average monthly salary of the staff in the overall planning area in the previous year 8 One time disability allowance. The compensation standard of one-time disability allowance is determined according to the disability level of injured employees. Different levels have different compensation standards. The details are as follows: the first level disability is 27 months' salary, the second level disability is 25 months' salary, the third level disability is 23 months' salary, the fourth level disability is 21 months' salary, the fifth level disability is 18 months' salary, the sixth level disability is 16 months' salary, the seventh level disability is 13 months' salary, and the eighth level disability is 11 months' salary, Grade 9 disability is 9 months' salary, grade 10 disability is 7 months' salary.
4. Instrial and commercial grade identification, it is necessary to go to the instrial injury Department of the labor bureau, first go to the instrial injury Department of the labor bureau to do the identification of instrial injury, after the injury is stable, then do the identification of labor ability, different grades enjoy different treatment, dial 114 to inquire about the telephone number of the local labor bureau for further consultation.
5. 1、 Level 1 to level 4 disability treatment standard
one time disability allowance
1. Level 1 disability allowance = personal salary × 27 months
2 × 25 months
3. Level 3 disability allowance = personal salary × 23 months
Level 4 and level 4 disability allowance = personal salary × 21 months
monthly disability allowance (paid monthly)
1. First level disability allowance = personal salary × 90%
2. Secondary disability allowance = personal salary × 85%
3. Level 3 disability allowance = personal salary × 80%
Level 4 and level 4 disability allowance = personal salary × 75%
(Note: if the actual amount of disability allowance is lower than the local minimum wage standard, the difference will be made up by the instrial injury insurance fund)
Level 2, level 5 and level 6 disability treatment standard
one time disability allowance
Level 1 and level 5 disability allowance = personal salary × 18 months
Level 2 and level 6 disability allowance = personal salary × 16 months
disability allowance
1. Level 5 disability allowance = personal salary × 70%
2. Level 6 disability allowance = personal salary × 60%
(Note: if it is difficult to arrange work for injured employees, the employer will give them monthly disability allowance. If the actual amount of disability allowance is lower than the local minimum wage standard, the employer will make up the difference)
Level 3, level 7 to level 10 disability treatment standard
one-time disability allowance
Level 1, level 7 disability = personal salary × 13 months
2, Grade 8 disability = personal salary × 11 months
grade 3, grade 9 disability = personal salary × 9 months
4, grade 10 disability = personal salary × If the labor contract is terminated after 7 months, or the employee himself proposes to terminate the labor contract, the work injury insurance fund shall pay the one-time work injury medical subsidy, and the employer shall pay the one-time disability employment subsidy. The specific standards shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government. Such as "Hebei Province instrial injury insurance implementation measures" Article 33< 1. Funeral allowance = the average monthly salary of employees in the previous year in the overall planning area × Six months
2. One time death subsidy = 20 times of the per capita disposable income of urban residents in the previous year
3. Pension standard for dependent relatives
spouse = salary of injured workers before they died × 40%, other relatives = wages of injured workers before they died × 30%
If a disabled employee dies e to work-related injury ring the period of work stoppage and salary retention, his immediate family members shall enjoy the treatment specified in the first paragraph of this article
If a disabled employee of grade one to grade four dies after the expiration of the period of suspension and salary retention, his immediate family members can enjoy the treatment specified in the first paragraph of this article
standard of treatment for employees who have an accident when they go out for work or whose whereabouts are unknown in the rescue and disaster relief
1. Employees who have an accident when they go out for work or whose whereabouts are unknown in the rescue and disaster relief shall be paid within three months from the month of the accident
2. The salary will be stopped from the fourth month, and the dependent relatives' pension will be paid monthly by the instrial injury insurance fund
3. If you have difficulties in life, you can advance 50% of the one-time death allowance
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one time disability allowance
1. Level 1 disability allowance = personal salary × 27 months
2 × 25 months
3. Level 3 disability allowance = personal salary × 23 months
Level 4 and level 4 disability allowance = personal salary × 21 months
monthly disability allowance (paid monthly)
1. First level disability allowance = personal salary × 90%
2. Secondary disability allowance = personal salary × 85%
3. Level 3 disability allowance = personal salary × 80%
Level 4 and level 4 disability allowance = personal salary × 75%
(Note: if the actual amount of disability allowance is lower than the local minimum wage standard, the difference will be made up by the instrial injury insurance fund)
Level 2, level 5 and level 6 disability treatment standard
one time disability allowance
Level 1 and level 5 disability allowance = personal salary × 18 months
Level 2 and level 6 disability allowance = personal salary × 16 months
disability allowance
1. Level 5 disability allowance = personal salary × 70%
2. Level 6 disability allowance = personal salary × 60%
(Note: if it is difficult to arrange work for injured employees, the employer will give them monthly disability allowance. If the actual amount of disability allowance is lower than the local minimum wage standard, the employer will make up the difference)
Level 3, level 7 to level 10 disability treatment standard
one-time disability allowance
Level 1, level 7 disability = personal salary × 13 months
2, Grade 8 disability = personal salary × 11 months
grade 3, grade 9 disability = personal salary × 9 months
4, grade 10 disability = personal salary × If the labor contract is terminated after 7 months, or the employee himself proposes to terminate the labor contract, the work injury insurance fund shall pay the one-time work injury medical subsidy, and the employer shall pay the one-time disability employment subsidy. The specific standards shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government. Such as "Hebei Province instrial injury insurance implementation measures" Article 33< 1. Funeral allowance = the average monthly salary of employees in the previous year in the overall planning area × Six months
2. One time death subsidy = 20 times of the per capita disposable income of urban residents in the previous year
3. Pension standard for dependent relatives
spouse = salary of injured workers before they died × 40%, other relatives = wages of injured workers before they died × 30%
If a disabled employee dies e to work-related injury ring the period of work stoppage and salary retention, his immediate family members shall enjoy the treatment specified in the first paragraph of this article
If a disabled employee of grade one to grade four dies after the expiration of the period of suspension and salary retention, his immediate family members can enjoy the treatment specified in the first paragraph of this article
standard of treatment for employees who have an accident when they go out for work or whose whereabouts are unknown in the rescue and disaster relief
1. Employees who have an accident when they go out for work or whose whereabouts are unknown in the rescue and disaster relief shall be paid within three months from the month of the accident
2. The salary will be stopped from the fourth month, and the dependent relatives' pension will be paid monthly by the instrial injury insurance fund
3. If you have difficulties in life, you can advance 50% of the one-time death allowance
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6. 1、 The grade of Grade 10 work-related injury is: the first level organ is missing or completely lost, other organs can not compensate, there is special medical dependence, life completely or most can not take care of themselves. Secondary officials have serious defects or deformities, serious dysfunction or complications, special medical dependence, or most of them can't take care of themselves. There are serious organ defects or deformities, serious dysfunction or complications, special medical dependence, or some parts of life can not take care of themselves. The patients with severe organ defect or deformity, severe dysfunction or complications, special medical dependence and self-care. Most of the fifth grade organs are defected or obviously deformed, with severe dysfunction or complications, general medical dependence and self-care. Grade 6 organ defect or obvious deformity, moderate dysfunction or complications, general medical dependence and self-care. Most of the grade 7 organs are defective or malformed, with mild dysfunction or complications, general medical dependence and self-care. Grade 8 partial organ defect, abnormal morphology, mild dysfunction, medical dependence, self-care. Grade 9 partial organ defect, abnormal shape, mild dysfunction, no medical dependence, self-care. Grade 10 partial organ defect, abnormal shape, no dysfunction, no medical dependence, self-care. 2、 The standard of level 10 instrial injury compensation is: Article 33 of the regulations on instrial injury insurance. If an employee is identified as level 1 to level 4 disabled e to work-related disability, he / she shall retain the labor relationship, quit the post and enjoy the following benefits:
(1) he / she shall pay one-time disability subsidy from the instrial injury insurance fund according to the disability level, and the standard is: Level 1 disability is 24 months' salary, The second level disability is 22 months' salary, the third level disability is 20 months' salary, and the fourth level disability is 18 months' salary
(2) the monthly disability allowance is paid from the instrial injury insurance fund. The standard is: 90% of my salary for the first level disability, 85% of my salary for the second level disability, 80% of my salary for the third level disability, and 75% of my salary for the fourth level disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the instrial injury insurance fund shall make up the difference
(3) when the injured workers reach the retirement age and go through the retirement proceres, they will stop paying disability allowance and enjoy the basic pension insurance. If the basic old-age insurance treatment is lower than the disability allowance, the instrial injury insurance fund shall make up the difference
If an employee is identified as grade I to grade IV disability e to work-related disability, the employer and the employee shall pay the basic medical insurance premium based on the disability allowance< Article 34 If an employee is identified as level 5 or level 6 disability e to work-related disability, he / she shall enjoy the following benefits:
(1) a one-time disability allowance shall be paid from the work injury insurance fund according to the disability level, and the standard is: 16 months' salary for level 5 disability and 14 months' salary for level 6 disability
(2) keep the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange the work, the employer shall pay the disability allowance monthly. The standard is: 70% of the employee's salary for Grade 5 disability, 60% of the employee's salary for Grade 6 disability, and the employer shall pay the social insurance premium according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference
upon the proposal of the injured employee, the employee can terminate or terminate the labor relationship with the employer, and the employer shall pay the one-time medical allowance for work-related injury and employment allowance for disability. The specific standards shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government< Article 35 employees with work-related disability identified as level 7 to level 10 shall enjoy the following benefits:
(1) one time disability allowance shall be paid from the work injury insurance fund according to the disability level, and the standard is: Level 7 disability is 12 months' salary, level 8 disability is 10 months' salary, level 9 disability is 8 months' salary, level 10 disability is 6 months' salary
(2) if the labor contract is terminated upon expiration, or the employee himself proposes to terminate the labor contract, the employer shall pay one-time medical compensation for work-related injury and employment subsidy for disability. The specific standards shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.
(1) he / she shall pay one-time disability subsidy from the instrial injury insurance fund according to the disability level, and the standard is: Level 1 disability is 24 months' salary, The second level disability is 22 months' salary, the third level disability is 20 months' salary, and the fourth level disability is 18 months' salary
(2) the monthly disability allowance is paid from the instrial injury insurance fund. The standard is: 90% of my salary for the first level disability, 85% of my salary for the second level disability, 80% of my salary for the third level disability, and 75% of my salary for the fourth level disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the instrial injury insurance fund shall make up the difference
(3) when the injured workers reach the retirement age and go through the retirement proceres, they will stop paying disability allowance and enjoy the basic pension insurance. If the basic old-age insurance treatment is lower than the disability allowance, the instrial injury insurance fund shall make up the difference
If an employee is identified as grade I to grade IV disability e to work-related disability, the employer and the employee shall pay the basic medical insurance premium based on the disability allowance< Article 34 If an employee is identified as level 5 or level 6 disability e to work-related disability, he / she shall enjoy the following benefits:
(1) a one-time disability allowance shall be paid from the work injury insurance fund according to the disability level, and the standard is: 16 months' salary for level 5 disability and 14 months' salary for level 6 disability
(2) keep the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange the work, the employer shall pay the disability allowance monthly. The standard is: 70% of the employee's salary for Grade 5 disability, 60% of the employee's salary for Grade 6 disability, and the employer shall pay the social insurance premium according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference
upon the proposal of the injured employee, the employee can terminate or terminate the labor relationship with the employer, and the employer shall pay the one-time medical allowance for work-related injury and employment allowance for disability. The specific standards shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government< Article 35 employees with work-related disability identified as level 7 to level 10 shall enjoy the following benefits:
(1) one time disability allowance shall be paid from the work injury insurance fund according to the disability level, and the standard is: Level 7 disability is 12 months' salary, level 8 disability is 10 months' salary, level 9 disability is 8 months' salary, level 10 disability is 6 months' salary
(2) if the labor contract is terminated upon expiration, or the employee himself proposes to terminate the labor contract, the employer shall pay one-time medical compensation for work-related injury and employment subsidy for disability. The specific standards shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.
7. According to the provisions of the Trial Measures for instrial injury insurance for enterprise employees issued by the former Ministry of labor in August 1996, employees who are injured, disabled or dead e to one of the following circumstances shall be recognized as instrial injury:
(1) those who are engaged in the daily proction or work of their own units or the work temporarily designated by the person in charge of their own units shall be recognized as instrial injury in case of emergency, Engaging in work directly related to the major interests of the unit, though not designated by the person in charge of the unit< (2) engaging in scientific experiments, inventions and technological improvements related to the unit under the arrangement or consent of the person in charge of the unit
(3) occupational diseases caused by exposure to occupational harmful factors in the proction and working environment
(4) in the time and area of proction work, accidental injury is caused e to unsafe factors, death is caused by sudden illness e to work stress, or all of them lose the ability to work after the first rescue treatment
(5) personal injury caused by performance of ty
(6) those engaged in rescue, disaster relief, rescue and other activities to safeguard the interests of the state, society and the public
(7) the old injuries recurred after the demobilized soldiers who were disabled e to work or war were transferred to work in enterprises
(8) ring the period of going out on business, e to work reasons, injured or missing e to traffic accidents or other accidents, or died e to sudden diseases, or lost all the ability to work after the first rescue treatment
(9) a road traffic motor vehicle accident without personal responsibility or non personal main responsibility occurs at the specified time and on the necessary route for commuting
(10) other circumstances stipulated by laws and regulations<
according to the provisions of the Trial Measures for instrial injury insurance for enterprise employees issued by the Ministry of labor in August 1996, employees who are injured, disabled or dead e to one of the following circumstances shall not be deemed as instrial injury:
(1) crime or violation of the law
(2) suicide or self mutilation
(3) fighting< (4) excessive drinking
(5) deliberate violation of regulations
(6) other circumstances stipulated by laws and regulations<
specific compensation items for work-related injury:
medical expenses
1. Employees should seek medical treatment in the medical institution that has signed the service agreement for treatment of work-related injury. In case of emergency, they can first go to the nearest medical institution for first aid
2. If the expenses for the treatment of work-related injury meet the requirements of the list of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund
3. If the injured workers treat the diseases not caused by work-related injury and do not enjoy the medical treatment for work-related injury, they should be treated according to the basic medical insurance method
in-patient food subsidy
1. The in-patient food subsidy shall be paid by the unit according to 70% of the food subsidy standard for business trip
2. After the medical institution issues a certificate and reports it to the agency for approval, if the injured employee goes to seek medical treatment outside the overall planning area, the transportation, board and lodging expenses shall be reimbursed by the unit according to the business trip standard of the employee of the unit< 1. If an employee suffers from accident injury or occupational disease and needs to suspend work for work-related injury medical treatment, the original wages and benefits will remain unchanged ring the period of work-related injury, and will be paid by the original unit on a monthly basis
2. Generally, the period of work stoppage and salary retention does not exceed 12 months. If the injury is serious or special, it may be extended appropriately after being confirmed by the labor ability appraisal committee of the city divided into districts, but the extension shall not exceed 12 months
3. If the injured workers still need treatment after the expiration of the period of work stoppage and salary retention, they will continue to enjoy the medical treatment for work-related injuries
nursing expenses
1. If the injured workers who can't take care of themselves need nursing care ring the period of shutdown and salary retention, their work units shall be responsible for it
2. If the injured employee has been assessed the disability level and confirmed by the labor ability appraisal committee to need life care, the life care fee shall be paid monthly from the work injury insurance fund
the living care fee is paid according to three different levels: totally unable to take care of themselves, most unable to take care of themselves or part unable to take care of themselves. The standard is 50%, 40% or 30% of the average monthly salary of the employees in the overall planning area in the previous year<
benefits for employees with work-related disability
in the first case, employees with work-related disability identified as grade I to grade IV disability will retain labor relations, quit the work and enjoy the following benefits:
1. Pay a one-time disability allowance from the work injury insurance fund according to the disability level, with the standard of 24 months' salary for grade I disability, The second level disability is 22 months' salary, the third level disability is 20 months' salary, and the fourth level disability is 18 months' salary
2. The standard of monthly payment of disability allowance from the instrial injury insurance fund is as follows: 90% of my salary for the first level disability, 85% for the second level disability, 80% for the third level disability and 75% for the fourth level disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the instrial injury insurance fund shall make up the difference
3. When the injured employees reach the retirement age and go through the retirement proceres, they will stop paying disability allowance and enjoy the basic pension insurance. If the basic old-age insurance treatment is lower than the disability allowance, the instrial injury insurance fund shall make up the difference
If an employee is identified as grade I to grade IV disability e to work-related disability, the employer and the employee shall pay the basic medical insurance premium based on the disability allowance
in the second case, employees who are identified as level 5 or level 6 disability e to work-related disability can enjoy the following benefits:
1. One time disability allowance is paid from the work injury insurance fund according to the disability level. The standard is: 16 months' salary for level 5 disability and 14 months' salary for level 6 disability
2. Keep the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange the work, the employer shall pay the disability allowance monthly. The standard is: 70% of the employee's salary for Grade 5 disability, 60% of the employee's salary for Grade 6 disability, and the employer shall pay the social insurance premium according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference
upon the employee's proposal, he / she can terminate or terminate the labor relationship with the employer, and the employer will pay him / her one-time work-related injury medical allowance for 20 months and 18 months, and one-time disability employment allowance for 35 months and 30 months, respectively, based on the average monthly salary of the employee in the previous year in the area where the labor relationship was terminated or terminated
in the third case, employees with work-related disability identified as grade 7 to grade 10 are entitled to the following benefits:
1. One time disability allowance is paid from the work injury insurance fund according to the disability level. The standard is: Grade 7 disability is 12 months' salary, grade 8 disability is 10 months' salary, grade 9 disability is 8 months' salary, Grade 10 disability is 6 months' salary
2. If the labor contract is terminated upon expiration, or the employee proposes to terminate the labor contract, the employer shall pay the one-time medical subsidy for work-related injury and one-time employment subsidy for the disabled according to the average monthly salary of the employee in the previous year in the overall planning area when the labor contract is terminated. The specific standard of one-time medical subsidy for work-related injury is: Level 7 16 months, level 8 14 months, level 9 12 months, level 10 10 months; The specific standard of one-time disability employment subsidy is: 25 months for level 7, 20 months for level 8, 15 months for level 9 and 10 months for level 10
If an employee is diagnosed with an occupational disease, the one-time work-related injury medical subsidy will be increased by 50% on the basis of the above criteria
if the injured employee is more than 5 years away from the statutory retirement age, the one-time work injury medical subsidy and one-time disability employment subsidy will be paid in full; For those who are less than five years away from the statutory retirement age, the one-time disability employment subsidy will be reced by 20% for each year of rection. If it is less than one year away from the statutory retirement age, it shall be paid at 10% of the full amount of the one-time disability employment subsidy; If the employee reaches the statutory retirement age, he will not pay the one-time work-related injury medical subsidy
compensation for work-related death
if the employee dies at work, his immediate family members will receive the funeral subsidy, dependent family pension and one-time work-related death subsidy from the work-related injury insurance fund according to the following regulations:
1. The funeral subsidy is the average monthly salary of the employees in the last year in the six-month overall planning area
2. The pension for dependent relatives shall be paid to the relatives who were provided with the main source of living and were unable to work according to a certain proportion of their own wages. The standard is: spouse 40% per month, other relatives 30% per month, widowed elderly or orphans 10% per month on the basis of the above standard. The sum of the approved pensions for the dependent relatives shall not be higher than the wages of the employee who died at work. The specific scope of supporting relatives shall be stipulated by the labor and social security administrative department of the State Council
3. The standard of one-time death allowance is 48 months to 60 months, which is the average monthly salary of the employees in the last year. The specific standards shall be formulated by the people's Government of the coordinating region in accordance with the local economic and social development and reported to the people's Government of the province, autonomous region or municipality directly under the central government for the record
4. If the disabled employee dies e to work-related injury ring the period of work stoppage and salary retention, his immediate family members shall enjoy the treatment specified in the first paragraph of this article
5. If a disabled employee of grade one to grade four dies after the expiration of the period of suspension and salary retention, his immediate family members can enjoy the treatment specified in items (1) and (2) of the first paragraph of this article<
illegal use of instrial injury death compensation
1. The one-time compensation includes the expenses and one-time compensation of the employees or child workers who are injured by accidents or suffering from occupational diseases ring the treatment period. The amount of one-time compensation shall be determined after the death of the employees or child workers who are injured by accidents or suffering from occupational diseases or after the identification of labor ability
2. According to the territorial principle, the appraisal of labor ability is handled by the municipal labor ability appraisal committee with districts in the place where the unit is located. The cost of labor ability appraisal shall be paid by the unit where the injured or injured employee or child laborer works
3. If an employee or child worker is injured by an accident or suffers from occupational diseases, the living expenses, medical expenses, nursing expenses, food subsidies ring hospitalization and transportation expenses ring the treatment period before the labor ability appraisal shall be paid by the disabled employee or child worker's unit according to the standards and scope specified in the regulations on work injury insurance
4. The one-time compensation for disability shall be paid according to the following standards: 16 times of the compensation base for level 1 disability, 14 times of the compensation base for Level 2 disability, 12 times of the compensation base for Level 3 disability, 10 times of the compensation base for level 4 disability, 8 times of the compensation base for level 5 disability, 6 times of the compensation base for level 6 disability and 4 times of the compensation base for level 7 disability, Three times of the compensation base for Grade 8 disability, two times of the compensation base for Grade 9 disability and one time of the compensation base for Grade 10 disability
5. If death is caused by accident injury or occupational disease, one-time compensation shall be paid at 10 times of the compensation base
6. The compensation base refers to the average annual salary of employees in the work-related injury insurance co-ordination area where the unit is located
other situations
1. Disability allowance, pension for dependent relatives and living and nursing expenses shall be adjusted timely by the labor and social security administrative department of the overall planning area according to the changes in the average wages and living expenses of the employees. The adjustment measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government
2. If an employee has an accident when he / she is away from work or his / her whereabouts are unknown ring the rescue, he / she shall take photos within 3 months from the month of the accident
(1) those who are engaged in the daily proction or work of their own units or the work temporarily designated by the person in charge of their own units shall be recognized as instrial injury in case of emergency, Engaging in work directly related to the major interests of the unit, though not designated by the person in charge of the unit< (2) engaging in scientific experiments, inventions and technological improvements related to the unit under the arrangement or consent of the person in charge of the unit
(3) occupational diseases caused by exposure to occupational harmful factors in the proction and working environment
(4) in the time and area of proction work, accidental injury is caused e to unsafe factors, death is caused by sudden illness e to work stress, or all of them lose the ability to work after the first rescue treatment
(5) personal injury caused by performance of ty
(6) those engaged in rescue, disaster relief, rescue and other activities to safeguard the interests of the state, society and the public
(7) the old injuries recurred after the demobilized soldiers who were disabled e to work or war were transferred to work in enterprises
(8) ring the period of going out on business, e to work reasons, injured or missing e to traffic accidents or other accidents, or died e to sudden diseases, or lost all the ability to work after the first rescue treatment
(9) a road traffic motor vehicle accident without personal responsibility or non personal main responsibility occurs at the specified time and on the necessary route for commuting
(10) other circumstances stipulated by laws and regulations<
according to the provisions of the Trial Measures for instrial injury insurance for enterprise employees issued by the Ministry of labor in August 1996, employees who are injured, disabled or dead e to one of the following circumstances shall not be deemed as instrial injury:
(1) crime or violation of the law
(2) suicide or self mutilation
(3) fighting< (4) excessive drinking
(5) deliberate violation of regulations
(6) other circumstances stipulated by laws and regulations<
specific compensation items for work-related injury:
medical expenses
1. Employees should seek medical treatment in the medical institution that has signed the service agreement for treatment of work-related injury. In case of emergency, they can first go to the nearest medical institution for first aid
2. If the expenses for the treatment of work-related injury meet the requirements of the list of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund
3. If the injured workers treat the diseases not caused by work-related injury and do not enjoy the medical treatment for work-related injury, they should be treated according to the basic medical insurance method
in-patient food subsidy
1. The in-patient food subsidy shall be paid by the unit according to 70% of the food subsidy standard for business trip
2. After the medical institution issues a certificate and reports it to the agency for approval, if the injured employee goes to seek medical treatment outside the overall planning area, the transportation, board and lodging expenses shall be reimbursed by the unit according to the business trip standard of the employee of the unit< 1. If an employee suffers from accident injury or occupational disease and needs to suspend work for work-related injury medical treatment, the original wages and benefits will remain unchanged ring the period of work-related injury, and will be paid by the original unit on a monthly basis
2. Generally, the period of work stoppage and salary retention does not exceed 12 months. If the injury is serious or special, it may be extended appropriately after being confirmed by the labor ability appraisal committee of the city divided into districts, but the extension shall not exceed 12 months
3. If the injured workers still need treatment after the expiration of the period of work stoppage and salary retention, they will continue to enjoy the medical treatment for work-related injuries
nursing expenses
1. If the injured workers who can't take care of themselves need nursing care ring the period of shutdown and salary retention, their work units shall be responsible for it
2. If the injured employee has been assessed the disability level and confirmed by the labor ability appraisal committee to need life care, the life care fee shall be paid monthly from the work injury insurance fund
the living care fee is paid according to three different levels: totally unable to take care of themselves, most unable to take care of themselves or part unable to take care of themselves. The standard is 50%, 40% or 30% of the average monthly salary of the employees in the overall planning area in the previous year<
benefits for employees with work-related disability
in the first case, employees with work-related disability identified as grade I to grade IV disability will retain labor relations, quit the work and enjoy the following benefits:
1. Pay a one-time disability allowance from the work injury insurance fund according to the disability level, with the standard of 24 months' salary for grade I disability, The second level disability is 22 months' salary, the third level disability is 20 months' salary, and the fourth level disability is 18 months' salary
2. The standard of monthly payment of disability allowance from the instrial injury insurance fund is as follows: 90% of my salary for the first level disability, 85% for the second level disability, 80% for the third level disability and 75% for the fourth level disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the instrial injury insurance fund shall make up the difference
3. When the injured employees reach the retirement age and go through the retirement proceres, they will stop paying disability allowance and enjoy the basic pension insurance. If the basic old-age insurance treatment is lower than the disability allowance, the instrial injury insurance fund shall make up the difference
If an employee is identified as grade I to grade IV disability e to work-related disability, the employer and the employee shall pay the basic medical insurance premium based on the disability allowance
in the second case, employees who are identified as level 5 or level 6 disability e to work-related disability can enjoy the following benefits:
1. One time disability allowance is paid from the work injury insurance fund according to the disability level. The standard is: 16 months' salary for level 5 disability and 14 months' salary for level 6 disability
2. Keep the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange the work, the employer shall pay the disability allowance monthly. The standard is: 70% of the employee's salary for Grade 5 disability, 60% of the employee's salary for Grade 6 disability, and the employer shall pay the social insurance premium according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference
upon the employee's proposal, he / she can terminate or terminate the labor relationship with the employer, and the employer will pay him / her one-time work-related injury medical allowance for 20 months and 18 months, and one-time disability employment allowance for 35 months and 30 months, respectively, based on the average monthly salary of the employee in the previous year in the area where the labor relationship was terminated or terminated
in the third case, employees with work-related disability identified as grade 7 to grade 10 are entitled to the following benefits:
1. One time disability allowance is paid from the work injury insurance fund according to the disability level. The standard is: Grade 7 disability is 12 months' salary, grade 8 disability is 10 months' salary, grade 9 disability is 8 months' salary, Grade 10 disability is 6 months' salary
2. If the labor contract is terminated upon expiration, or the employee proposes to terminate the labor contract, the employer shall pay the one-time medical subsidy for work-related injury and one-time employment subsidy for the disabled according to the average monthly salary of the employee in the previous year in the overall planning area when the labor contract is terminated. The specific standard of one-time medical subsidy for work-related injury is: Level 7 16 months, level 8 14 months, level 9 12 months, level 10 10 months; The specific standard of one-time disability employment subsidy is: 25 months for level 7, 20 months for level 8, 15 months for level 9 and 10 months for level 10
If an employee is diagnosed with an occupational disease, the one-time work-related injury medical subsidy will be increased by 50% on the basis of the above criteria
if the injured employee is more than 5 years away from the statutory retirement age, the one-time work injury medical subsidy and one-time disability employment subsidy will be paid in full; For those who are less than five years away from the statutory retirement age, the one-time disability employment subsidy will be reced by 20% for each year of rection. If it is less than one year away from the statutory retirement age, it shall be paid at 10% of the full amount of the one-time disability employment subsidy; If the employee reaches the statutory retirement age, he will not pay the one-time work-related injury medical subsidy
compensation for work-related death
if the employee dies at work, his immediate family members will receive the funeral subsidy, dependent family pension and one-time work-related death subsidy from the work-related injury insurance fund according to the following regulations:
1. The funeral subsidy is the average monthly salary of the employees in the last year in the six-month overall planning area
2. The pension for dependent relatives shall be paid to the relatives who were provided with the main source of living and were unable to work according to a certain proportion of their own wages. The standard is: spouse 40% per month, other relatives 30% per month, widowed elderly or orphans 10% per month on the basis of the above standard. The sum of the approved pensions for the dependent relatives shall not be higher than the wages of the employee who died at work. The specific scope of supporting relatives shall be stipulated by the labor and social security administrative department of the State Council
3. The standard of one-time death allowance is 48 months to 60 months, which is the average monthly salary of the employees in the last year. The specific standards shall be formulated by the people's Government of the coordinating region in accordance with the local economic and social development and reported to the people's Government of the province, autonomous region or municipality directly under the central government for the record
4. If the disabled employee dies e to work-related injury ring the period of work stoppage and salary retention, his immediate family members shall enjoy the treatment specified in the first paragraph of this article
5. If a disabled employee of grade one to grade four dies after the expiration of the period of suspension and salary retention, his immediate family members can enjoy the treatment specified in items (1) and (2) of the first paragraph of this article<
illegal use of instrial injury death compensation
1. The one-time compensation includes the expenses and one-time compensation of the employees or child workers who are injured by accidents or suffering from occupational diseases ring the treatment period. The amount of one-time compensation shall be determined after the death of the employees or child workers who are injured by accidents or suffering from occupational diseases or after the identification of labor ability
2. According to the territorial principle, the appraisal of labor ability is handled by the municipal labor ability appraisal committee with districts in the place where the unit is located. The cost of labor ability appraisal shall be paid by the unit where the injured or injured employee or child laborer works
3. If an employee or child worker is injured by an accident or suffers from occupational diseases, the living expenses, medical expenses, nursing expenses, food subsidies ring hospitalization and transportation expenses ring the treatment period before the labor ability appraisal shall be paid by the disabled employee or child worker's unit according to the standards and scope specified in the regulations on work injury insurance
4. The one-time compensation for disability shall be paid according to the following standards: 16 times of the compensation base for level 1 disability, 14 times of the compensation base for Level 2 disability, 12 times of the compensation base for Level 3 disability, 10 times of the compensation base for level 4 disability, 8 times of the compensation base for level 5 disability, 6 times of the compensation base for level 6 disability and 4 times of the compensation base for level 7 disability, Three times of the compensation base for Grade 8 disability, two times of the compensation base for Grade 9 disability and one time of the compensation base for Grade 10 disability
5. If death is caused by accident injury or occupational disease, one-time compensation shall be paid at 10 times of the compensation base
6. The compensation base refers to the average annual salary of employees in the work-related injury insurance co-ordination area where the unit is located
other situations
1. Disability allowance, pension for dependent relatives and living and nursing expenses shall be adjusted timely by the labor and social security administrative department of the overall planning area according to the changes in the average wages and living expenses of the employees. The adjustment measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government
2. If an employee has an accident when he / she is away from work or his / her whereabouts are unknown ring the rescue, he / she shall take photos within 3 months from the month of the accident
8. It can't be 12 months. According to the regulations on instrial injury insurance, it can't be more than 12 months. In special cases, it can be extended for 12 months. It is estimated that the arbitration tribunal will support the six-month stoppage and pay leave period. No matter how long it is, the people who apply for arbitration will not support it. Of course, you can apply for a long time in arbitration. As for how many months to support it, it depends on the meaning of the arbitration tribunal
if it has been more than one year since you joined the company, but the company has not signed a labor contract with you, the two parties will automatically enter into a daily labor contract with no fixed term. If you leave the company, you can ask for economic compensation. The standard is: pay one month's salary for each full year, and calculate it as one year for those more than six months but less than one year; If the period is less than six months, economic compensation of half a month's wages shall be paid to the workers
if you have less than one year since you joined the company, you can ask for double salary ring the period of employment, and you can also ask for economic compensation when you terminate the labor relationship. The standard is the same as above
if the company compulsorily cancels the labor relationship or does not give 30 days' notice in advance, the economic compensation shall be paid in double of the above way.
if it has been more than one year since you joined the company, but the company has not signed a labor contract with you, the two parties will automatically enter into a daily labor contract with no fixed term. If you leave the company, you can ask for economic compensation. The standard is: pay one month's salary for each full year, and calculate it as one year for those more than six months but less than one year; If the period is less than six months, economic compensation of half a month's wages shall be paid to the workers
if you have less than one year since you joined the company, you can ask for double salary ring the period of employment, and you can also ask for economic compensation when you terminate the labor relationship. The standard is the same as above
if the company compulsorily cancels the labor relationship or does not give 30 days' notice in advance, the economic compensation shall be paid in double of the above way.
9.
according to Article 33 of the regulations on work related injury insurance, if an employee needs to suspend work for work-related injury medical treatment e to accident injury or occupational disease, the original salary and welfare will remain unchanged ring the period of shutdown and salary retention, and will be paid monthly by his unit. The term "personal wages" as mentioned in these Regulations refers to the average monthly payment wages of the injured workers in the 12 months before they suffer from accidents or occupational diseases. If my salary is higher than 300% of the average salary of the staff and workers in the overall planning area, it shall be calculated according to 300% of the average salary of the staff and workers in the overall planning area; If my salary is lower than 60% of the average salary of the staff and workers in the overall planning area, it shall be calculated according to 60% of the average salary of the staff and workers in the overall planning area
10. In fact, the relevant regulations on work-related injuries still depend on the regulations issued by the units, because under the premise of not violating the relevant laws and regulations, each unit has relevant policies. If not, it also depends on whether the local labor and social security department has specific implementation rules. The following is for reference only< According to the regulations on instrial injury insurance and other relevant provisions, the comprehensive reply is as follows:
I. concept of instrial injury
instrial injury, also known as occupational injury and work injury, refers to the accident injury and occupational disease injury suffered by workers when they are engaged in professional activities or activities related to professional activities< According to Article 14 of the regulations on work related injury insurance, the main types of work-related injury are as follows:
1.1 those who are injured by accidents e to work ring working hours and in the workplace
1.2 those who are engaged in preparatory or finishing work related to work in the workplace before and after working hours and are injured by accidents
1.3 ring working hours and in the workplace, they are injured by violence and other accidents e to performing their ties
1.4 patients with occupational diseases
1.5 ring the period of going out for work, the person is injured e to work or is missing e to an accident
1.6 injured by motor vehicle accident on the way to and from work
1.7 other circumstances that should be recognized as instrial injury according to laws and administrative regulations
2. Article 15 of the regulations on instrial injury insurance stipulates that an employee who has one of the following circumstances shall be regarded as an instrial injury:
2.1 died of sudden illness or died of invalid rescue within 48 hours ring working hours and post
2.2 those who are injured in the activities of safeguarding national interests and public interests such as emergency rescue and disaster relief
2.3 an employee who had previously served in the army, was injured and disabled e to war or on ty, and had obtained the revolutionary disabled soldier certificate, but the old injury recurred after arriving at the employing unit< However, in case of any of the following circumstances, it shall not be deemed as work-related injury or deemed as work-related injury:
3.1 casualties e to crime or violation of public security management
3.2 drunk leading to casualties
3.3 self mutilation or suicide< (3) specific work-related injury compensation items:
medical expenses
1. Employees should seek medical treatment in the medical institution that has signed the service agreement for treatment of work-related injury. In case of emergency, they can first go to the nearest medical institution for first aid
2. If the expenses for the treatment of work-related injury meet the requirements of the list of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund
3. If the injured workers treat the diseases not caused by work-related injury and do not enjoy the medical treatment for work-related injury, they should be treated according to the basic medical insurance method
in-patient food subsidy
1. The in-patient food subsidy shall be paid by the unit according to 70% of the food subsidy standard for business trip
2. After the medical institution issues a certificate and reports it to the agency for approval, if the injured employee goes to seek medical treatment outside the overall planning area, the transportation, board and lodging expenses shall be reimbursed by the unit according to the business trip standard of the employee of the unit< 1. If an employee suffers from accident injury or occupational disease and needs to suspend work to receive medical treatment for work-related injury, the original salary and welfare benefits will remain unchanged ring the period of work-related injury, and will be paid by the original unit on a monthly basis
2. Generally, the period of work stoppage and salary retention does not exceed 12 months. If the injury is serious or special, it may be extended appropriately after being confirmed by the labor ability appraisal committee of the city divided into districts, but the extension shall not exceed 12 months
3. If the injured workers still need treatment after the expiration of the period of work stoppage and salary retention, they will continue to enjoy the medical treatment for work-related injuries
nursing expenses
1. If the injured workers who cannot take care of themselves need nursing care ring the period of shutdown and salary retention, their work units shall be responsible for it
2. If the injured employee has been assessed the disability level and confirmed by the labor ability appraisal committee to need life care, the life care fee shall be paid monthly from the work injury insurance fund
the living care fee is paid according to three different levels: totally unable to take care of themselves, most unable to take care of themselves or part unable to take care of themselves. The standard is 50%, 40% or 30% of the average monthly salary of the employees in the overall planning area in the previous year< In the first case, if the employee is identified as grade I to grade IV disability, he / she shall retain the labor relationship and quit the post, and enjoy the following benefits:
1. One time disability allowance shall be paid from the work injury insurance fund according to the disability level, with the standard of 24 months' salary for grade I disability and 22 months' salary for grade II disability, The third level disability is 20 months' salary, and the fourth level disability is 18 months' salary
2. The standard of monthly payment of disability allowance from the instrial injury insurance fund is as follows: 90% of my salary for the first level disability, 85% for the second level disability, 80% for the third level disability and 75% for the fourth level disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the instrial injury insurance fund shall make up the difference
3. When the injured employees reach the retirement age and go through the retirement proceres, they will stop paying disability allowance and enjoy the basic pension insurance. If the basic old-age insurance treatment is lower than the disability allowance, the instrial injury insurance fund shall make up the difference
If an employee is identified as grade I to grade IV disability e to work-related disability, the employer and the employee shall pay the basic medical insurance premium based on the disability allowance
in the second case, employees who are identified as level 5 or level 6 disability e to work-related disability can enjoy the following benefits:
1. One time disability allowance is paid from the work injury insurance fund according to the disability level. The standard is: 16 months' salary for level 5 disability and 14 months' salary for level 6 disability
2. Keep the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange the work, the employer shall pay the disability allowance monthly. The standard is: 70% of the employee's salary for Grade 5 disability, 60% of the employee's salary for Grade 6 disability, and the employer shall pay the social insurance premium according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference
upon the employee's proposal, he / she can terminate or terminate the labor relationship with the employer, and the employer will pay him / her one-time work-related injury medical allowance for 20 months and 18 months, and one-time disability employment allowance for 35 months and 30 months, respectively, based on the average monthly salary of the employee in the previous year in the area where the labor relationship was terminated or terminated
in the third case, employees with work-related disability identified as grade 7 to grade 10 are entitled to the following benefits:
1. One time disability allowance is paid from the work injury insurance fund according to the disability level. The standard is: Grade 7 disability is 12 months' salary, grade 8 disability is 10 months' salary, grade 9 disability is 8 months' salary, Grade 10 disability is 6 months' salary
2. If the labor contract is terminated upon expiration, or the employee proposes to terminate the labor contract, the employer shall pay the one-time medical subsidy for work-related injury and one-time employment subsidy for the disabled according to the average monthly salary of the employee in the previous year in the overall planning area when the labor contract is terminated. The specific standard of one-time medical subsidy for work-related injury is: Level 7 16 months, level 8 14 months, level 9 12 months, level 10 10 months; The specific standard of one-time disability employment subsidy is: 25 months for level 7, 20 months for level 8, 15 months for level 9 and 10 months for level 10
If an employee is diagnosed with an occupational disease, the one-time work-related injury medical subsidy will be increased by 50% on the basis of the above criteria
if the injured employee is more than 5 years away from the statutory retirement age, the one-time work injury medical subsidy and one-time disability employment subsidy will be paid in full; For those who are less than five years away from the statutory retirement age, the one-time disability employment subsidy will be reced by 20% for each year of rection. If it is less than one year away from the statutory retirement age, it shall be paid at 10% of the full amount of the one-time disability employment subsidy; If the employee reaches the statutory retirement age, he / she will not pay the one-time work-related injury medical subsidy
compensation for work-related death
if the employee dies at work, his / her immediate family members will receive funeral subsidy, dependent family pension and one-time work-related death subsidy from the work-related injury insurance fund according to the following regulations:
1. Funeral subsidy is the average monthly salary of the employees in the six-month co-ordination area in the previous year
2. The pension for dependent relatives shall be paid to the relatives who were provided with the main source of living and were unable to work according to a certain proportion of their own wages. The standard is: spouse 40% per month, other relatives 30% per month, widowed elderly or orphans 10% per month on the basis of the above standard. The sum of the approved pensions for the dependent relatives shall not be higher than the wages of the employee who died at work. The specific scope of supporting relatives shall be stipulated by the labor and social security administrative department of the State Council
3. The standard of one-time death allowance is 48 months to 60 months, which is the average monthly salary of the employees in the last year. The specific standards shall be formulated by the people's Government of the coordinating region in accordance with the local economic and social development and reported to the people's Government of the province, autonomous region or municipality directly under the central government for the record
4. If the disabled employee dies e to work-related injury ring the period of work stoppage and salary retention, his immediate family members shall enjoy the treatment specified in the first paragraph of this article
5. If a disabled employee of grade one to grade four dies after the expiration of the period of suspension and salary retention, his immediate family members can enjoy the treatment specified in items (1) and (2) of the first paragraph of this article< The amount of one-time compensation should be determined after the death of the employee or child worker injured by accident or suffering from occupational disease or after the identification of labor ability
2. According to the territorial principle, the appraisal of labor ability is handled by the municipal labor ability appraisal committee with districts in the place where the unit is located. The cost of labor ability appraisal shall be paid by the unit where the injured or injured employee or child laborer works
3. If an employee or child worker is injured by an accident or suffers from occupational diseases, the living expenses, medical expenses, nursing expenses, food subsidies ring hospitalization and transportation expenses ring the treatment period before the labor ability appraisal shall be paid by the disabled employee or child worker's unit according to the standards and scope specified in the regulations on work injury insurance
4. The one-time compensation for disability shall be paid according to the following standards: 16 times of the compensation base for level 1 disability, 14 times of the compensation base for Level 2 disability, 12 times of the compensation base for Level 3 disability, 10 times of the compensation base for level 4 disability, 8 times of the compensation base for level 5 disability, 6 times of the compensation base for level 6 disability and 4 times of the compensation base for level 7 disability, Three times of the compensation base for Grade 8 disability, two times of the compensation base for Grade 9 disability and one time of the compensation base for Grade 10 disability
5. If death is caused by accident injury or occupational disease, one-time compensation shall be paid at 10 times of the compensation base
6. The compensation base refers to the average annual salary of employees in the work-related injury insurance co-ordination area where the unit is located
other situations
1. Disability allowance, pension for dependent relatives and living and nursing expenses shall be adjusted timely by the labor and social security administrative department of the overall planning area according to the changes in the average wages and living expenses of the employees. The adjustment measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government
2. If an employee has an accident when he / she is away from work or his / her whereabouts are unknown ring the rescue and disaster relief, it shall be 3 months from the month of the accident
I. concept of instrial injury
instrial injury, also known as occupational injury and work injury, refers to the accident injury and occupational disease injury suffered by workers when they are engaged in professional activities or activities related to professional activities< According to Article 14 of the regulations on work related injury insurance, the main types of work-related injury are as follows:
1.1 those who are injured by accidents e to work ring working hours and in the workplace
1.2 those who are engaged in preparatory or finishing work related to work in the workplace before and after working hours and are injured by accidents
1.3 ring working hours and in the workplace, they are injured by violence and other accidents e to performing their ties
1.4 patients with occupational diseases
1.5 ring the period of going out for work, the person is injured e to work or is missing e to an accident
1.6 injured by motor vehicle accident on the way to and from work
1.7 other circumstances that should be recognized as instrial injury according to laws and administrative regulations
2. Article 15 of the regulations on instrial injury insurance stipulates that an employee who has one of the following circumstances shall be regarded as an instrial injury:
2.1 died of sudden illness or died of invalid rescue within 48 hours ring working hours and post
2.2 those who are injured in the activities of safeguarding national interests and public interests such as emergency rescue and disaster relief
2.3 an employee who had previously served in the army, was injured and disabled e to war or on ty, and had obtained the revolutionary disabled soldier certificate, but the old injury recurred after arriving at the employing unit< However, in case of any of the following circumstances, it shall not be deemed as work-related injury or deemed as work-related injury:
3.1 casualties e to crime or violation of public security management
3.2 drunk leading to casualties
3.3 self mutilation or suicide< (3) specific work-related injury compensation items:
medical expenses
1. Employees should seek medical treatment in the medical institution that has signed the service agreement for treatment of work-related injury. In case of emergency, they can first go to the nearest medical institution for first aid
2. If the expenses for the treatment of work-related injury meet the requirements of the list of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund
3. If the injured workers treat the diseases not caused by work-related injury and do not enjoy the medical treatment for work-related injury, they should be treated according to the basic medical insurance method
in-patient food subsidy
1. The in-patient food subsidy shall be paid by the unit according to 70% of the food subsidy standard for business trip
2. After the medical institution issues a certificate and reports it to the agency for approval, if the injured employee goes to seek medical treatment outside the overall planning area, the transportation, board and lodging expenses shall be reimbursed by the unit according to the business trip standard of the employee of the unit< 1. If an employee suffers from accident injury or occupational disease and needs to suspend work to receive medical treatment for work-related injury, the original salary and welfare benefits will remain unchanged ring the period of work-related injury, and will be paid by the original unit on a monthly basis
2. Generally, the period of work stoppage and salary retention does not exceed 12 months. If the injury is serious or special, it may be extended appropriately after being confirmed by the labor ability appraisal committee of the city divided into districts, but the extension shall not exceed 12 months
3. If the injured workers still need treatment after the expiration of the period of work stoppage and salary retention, they will continue to enjoy the medical treatment for work-related injuries
nursing expenses
1. If the injured workers who cannot take care of themselves need nursing care ring the period of shutdown and salary retention, their work units shall be responsible for it
2. If the injured employee has been assessed the disability level and confirmed by the labor ability appraisal committee to need life care, the life care fee shall be paid monthly from the work injury insurance fund
the living care fee is paid according to three different levels: totally unable to take care of themselves, most unable to take care of themselves or part unable to take care of themselves. The standard is 50%, 40% or 30% of the average monthly salary of the employees in the overall planning area in the previous year< In the first case, if the employee is identified as grade I to grade IV disability, he / she shall retain the labor relationship and quit the post, and enjoy the following benefits:
1. One time disability allowance shall be paid from the work injury insurance fund according to the disability level, with the standard of 24 months' salary for grade I disability and 22 months' salary for grade II disability, The third level disability is 20 months' salary, and the fourth level disability is 18 months' salary
2. The standard of monthly payment of disability allowance from the instrial injury insurance fund is as follows: 90% of my salary for the first level disability, 85% for the second level disability, 80% for the third level disability and 75% for the fourth level disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the instrial injury insurance fund shall make up the difference
3. When the injured employees reach the retirement age and go through the retirement proceres, they will stop paying disability allowance and enjoy the basic pension insurance. If the basic old-age insurance treatment is lower than the disability allowance, the instrial injury insurance fund shall make up the difference
If an employee is identified as grade I to grade IV disability e to work-related disability, the employer and the employee shall pay the basic medical insurance premium based on the disability allowance
in the second case, employees who are identified as level 5 or level 6 disability e to work-related disability can enjoy the following benefits:
1. One time disability allowance is paid from the work injury insurance fund according to the disability level. The standard is: 16 months' salary for level 5 disability and 14 months' salary for level 6 disability
2. Keep the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange the work, the employer shall pay the disability allowance monthly. The standard is: 70% of the employee's salary for Grade 5 disability, 60% of the employee's salary for Grade 6 disability, and the employer shall pay the social insurance premium according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference
upon the employee's proposal, he / she can terminate or terminate the labor relationship with the employer, and the employer will pay him / her one-time work-related injury medical allowance for 20 months and 18 months, and one-time disability employment allowance for 35 months and 30 months, respectively, based on the average monthly salary of the employee in the previous year in the area where the labor relationship was terminated or terminated
in the third case, employees with work-related disability identified as grade 7 to grade 10 are entitled to the following benefits:
1. One time disability allowance is paid from the work injury insurance fund according to the disability level. The standard is: Grade 7 disability is 12 months' salary, grade 8 disability is 10 months' salary, grade 9 disability is 8 months' salary, Grade 10 disability is 6 months' salary
2. If the labor contract is terminated upon expiration, or the employee proposes to terminate the labor contract, the employer shall pay the one-time medical subsidy for work-related injury and one-time employment subsidy for the disabled according to the average monthly salary of the employee in the previous year in the overall planning area when the labor contract is terminated. The specific standard of one-time medical subsidy for work-related injury is: Level 7 16 months, level 8 14 months, level 9 12 months, level 10 10 months; The specific standard of one-time disability employment subsidy is: 25 months for level 7, 20 months for level 8, 15 months for level 9 and 10 months for level 10
If an employee is diagnosed with an occupational disease, the one-time work-related injury medical subsidy will be increased by 50% on the basis of the above criteria
if the injured employee is more than 5 years away from the statutory retirement age, the one-time work injury medical subsidy and one-time disability employment subsidy will be paid in full; For those who are less than five years away from the statutory retirement age, the one-time disability employment subsidy will be reced by 20% for each year of rection. If it is less than one year away from the statutory retirement age, it shall be paid at 10% of the full amount of the one-time disability employment subsidy; If the employee reaches the statutory retirement age, he / she will not pay the one-time work-related injury medical subsidy
compensation for work-related death
if the employee dies at work, his / her immediate family members will receive funeral subsidy, dependent family pension and one-time work-related death subsidy from the work-related injury insurance fund according to the following regulations:
1. Funeral subsidy is the average monthly salary of the employees in the six-month co-ordination area in the previous year
2. The pension for dependent relatives shall be paid to the relatives who were provided with the main source of living and were unable to work according to a certain proportion of their own wages. The standard is: spouse 40% per month, other relatives 30% per month, widowed elderly or orphans 10% per month on the basis of the above standard. The sum of the approved pensions for the dependent relatives shall not be higher than the wages of the employee who died at work. The specific scope of supporting relatives shall be stipulated by the labor and social security administrative department of the State Council
3. The standard of one-time death allowance is 48 months to 60 months, which is the average monthly salary of the employees in the last year. The specific standards shall be formulated by the people's Government of the coordinating region in accordance with the local economic and social development and reported to the people's Government of the province, autonomous region or municipality directly under the central government for the record
4. If the disabled employee dies e to work-related injury ring the period of work stoppage and salary retention, his immediate family members shall enjoy the treatment specified in the first paragraph of this article
5. If a disabled employee of grade one to grade four dies after the expiration of the period of suspension and salary retention, his immediate family members can enjoy the treatment specified in items (1) and (2) of the first paragraph of this article< The amount of one-time compensation should be determined after the death of the employee or child worker injured by accident or suffering from occupational disease or after the identification of labor ability
2. According to the territorial principle, the appraisal of labor ability is handled by the municipal labor ability appraisal committee with districts in the place where the unit is located. The cost of labor ability appraisal shall be paid by the unit where the injured or injured employee or child laborer works
3. If an employee or child worker is injured by an accident or suffers from occupational diseases, the living expenses, medical expenses, nursing expenses, food subsidies ring hospitalization and transportation expenses ring the treatment period before the labor ability appraisal shall be paid by the disabled employee or child worker's unit according to the standards and scope specified in the regulations on work injury insurance
4. The one-time compensation for disability shall be paid according to the following standards: 16 times of the compensation base for level 1 disability, 14 times of the compensation base for Level 2 disability, 12 times of the compensation base for Level 3 disability, 10 times of the compensation base for level 4 disability, 8 times of the compensation base for level 5 disability, 6 times of the compensation base for level 6 disability and 4 times of the compensation base for level 7 disability, Three times of the compensation base for Grade 8 disability, two times of the compensation base for Grade 9 disability and one time of the compensation base for Grade 10 disability
5. If death is caused by accident injury or occupational disease, one-time compensation shall be paid at 10 times of the compensation base
6. The compensation base refers to the average annual salary of employees in the work-related injury insurance co-ordination area where the unit is located
other situations
1. Disability allowance, pension for dependent relatives and living and nursing expenses shall be adjusted timely by the labor and social security administrative department of the overall planning area according to the changes in the average wages and living expenses of the employees. The adjustment measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government
2. If an employee has an accident when he / she is away from work or his / her whereabouts are unknown ring the rescue and disaster relief, it shall be 3 months from the month of the accident
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