Part I: Specific compensation items for industrial accidents (disability).
I. Medical expenses
Compensation for medical expenses = amount of medical treatment+amount of drugs+amount of hospitalization services.
The above amount is calculated according to the Catalogue of Work-related Injury Insurance Treatment Items, the Catalogue of Work-related Injury Insurance Drugs and the Hospitalization Service Standard of Work-related Injury Insurance.
Two, the injured during the hospitalization of food subsidies
Compensation amount of food allowance for hospitalization = standard of food allowance for business trip (RMB/person/day) * 70% * days.
Third, the cost of life care.
If it is confirmed by the labor ability appraisal committee that life care is needed, the life care fee shall be paid according to three different grades: life can't take care of itself at all, most of them can't take care of themselves and some of them can't take care of themselves. The standards are 50%, 40% and 30% of the average monthly salary of employees in the previous year. Can be adjusted according to the provisions of this province.
Fourth, the cost of auxiliary equipment
Confirmed by the labor ability appraisal Committee, the cost of assistive devices for injured workers.
Five, wages during work-related injuries (from the date of injury to the date of disability appraisal)
Wage during work-related injury = wage and welfare income from the date of injury to the date of disability appraisal.
The longest period shall not exceed 12 months.
VI. Transportation and accommodation expenses
Refers to the transportation, accommodation, medical treatment and other expenses in hospitals outside the province.
Seven, a one-time disability benefits
Refers to the level of disability assessed by the labor ability appraisal committee, which is paid in a lump sum to the injured workers according to the regulations.
The compensation amount of one-time disability allowance = my monthly salary * the number of months determined according to the disability level (up to 24 months and at least 6 months).
Eight. Disability allowance
Refers to the work-related injuries in which employees are disabled due to work, assessed as one to four levels of disability, and retain labor relations with the unit and quit their jobs; Those who have been assessed as five or six levels of disability and have retained labor relations with the employer should have arranged appropriate work-related injuries by the employer, but if it is difficult to arrange them for some reason, they will be given monthly allowances for workers injured in work.
Nine, a one-time work-related injury Medicaid
Refers to the employee's work-related injury is identified as level 5 or level 6 disability, and the employee himself proposes to terminate or terminate the labor relationship with the employer; Workers with work-related injuries are identified as seven to ten levels of disability, and the medical expenses for work-related injuries are paid to the employees in one lump sum when the labor contract is terminated or the contract expires. That is, only when the labor relationship is terminated can it be enjoyed, and its specific standards are stipulated by the province.
X. One-time disability employment subsidy
Refers to the one-time subsidy paid by the employer to help the injured workers get re-employed if they voluntarily terminate the labor contract with the enterprise because of work disability, or if the injured workers identified as work-related injuries expire or the employees themselves propose to terminate the labor contract, so as to make up for the certain losses caused by the difficulties of the injured workers in job hunting and employment in the future compared with the non-injured workers. Specific standards shall be stipulated by the province.
Annex 1: Relevant provisions of the Regulations on Industrial Injury Insurance
Thirty-third workers who are disabled due to work are identified as first-class to fourth-class disabilities, retain their labor relations, quit their jobs, and enjoy the following benefits:
(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The standard is: 24 months' salary for first-class disability, 22 months' salary for second-class disability, 20 months' salary for third-class disability and 0/8 months' salary for fourth-class disability;
(2) Pay the disability allowance from the industrial injury insurance fund on a monthly basis. The standard is: 90% of my salary for first-degree disability, 85% for second-degree disability, 80% for third-degree disability and 75% for fourth-degree disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the industrial injury insurance fund will make up the difference;
(3) Employees who have reached retirement age and gone through retirement formalities shall stop paying disability allowance and enjoy basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference.
If an employee is identified as one to four disabled due to work-related disability, the basic medical insurance premium shall be paid by the employer and individual employees on the basis of disability allowance.
Thirty-fourth workers who are disabled due to work are identified as five or six disabled, and enjoy the following benefits:
(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The standard is: my salary is level 5 disability 16 months, level 6 disability 14 months;
(two) to retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange a job, the employer will pay a monthly disability allowance. The standard is: level 5 disability is 70% of my salary, level 6 disability is 60% of my salary, and the employer shall pay the social insurance premium that should be paid according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.
Upon the employee's own proposal, the employee may terminate or terminate the labor relationship with the employer, and the employer shall pay the one-time medical subsidy for work-related injuries and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Thirty-fifth workers who are disabled due to work are identified as seven to ten disabled, and enjoy the following benefits:
(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The criteria are: level 7 disability 12 months, level 8 disability 10 months, level 9 disability for 8 months and level 10 disability for 6 months;
(two) the expiration of the labor contract, or the employee himself proposed to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Part II: Specific compensation items for industrial accidents (deaths).
I. Funeral allowance
Refers to the funeral expenses subsidies paid to the immediate family members of employees who died at work, disabled employees who died due to work stoppage and unpaid leave, and disabled employees who died after the expiration of work stoppage and unpaid leave. The compensation amount of funeral subsidy = the average monthly salary of employees in the whole province last year * 6.
The second is a one-time work-related death subsidy.
Refers to the one-time compensation paid to the immediate family members of employees according to the prescribed standards in the case of work-related death.
One-time work-related death subsidy = average monthly salary of employees in the province last year * (48-60 months)
Three. bereavement subsidy
Refers to the death of an employee due to work, the death of a disabled employee due to work during the paid suspension period, and the death of a first-to-fourth-grade disabled employee after the paid suspension period. According to a certain proportion of the employee's own salary, the compensation for maintaining the basic living expenses is paid to his relatives who provided the main source of livelihood and were unable to work before his death.
(1) The spouse relies on the employee who died at work to provide the main source of livelihood before his death, and completely loses the ability to work, or the spouse of the employee who died at work is over 60 years old and the female is over 55 years old. Compensation amount = salary of the deceased employee * 40%
(2) Other relatives refer to children, parents, grandparents, grandparents, grandchildren, grandchildren, brothers and sisters, etc. Among the relatives of the victims. The condition is that the workers who died at work provided an important source of livelihood before their death; Completely incapacitated; The children of the dead workers are under 18 years old.
The parents of the deceased employees are both dead, and their grandparents are 60 years old and 55 years old; Children of employees who have died or completely lost their ability to work, and their grandchildren are under 18 years old; The parents of the deceased employee have died or completely lost their ability to work, and their brothers and sisters are under the age of 18.
Compensation amount = wages of employees who died at work * 30%
(3) Widowed old people or orphans are increased by 10% per person per month on the basis of the above standard, that is, if the spouse of the deceased employee is a widowed old man, the monthly pension for his dependent relatives is 50% of the employee's own salary;
If the parents, grandparents, brothers and sisters of an employee who died at work are widowed old people, or their children, grandchildren, brothers and sisters are orphans, the monthly pension for their dependent relatives is 40% of the employee's salary.
However, if more than one relative of a worker who died at work is eligible to apply for dependent relatives pension, the sum of the approved dependent relatives pension should not be higher than the salary of the worker who died at work.