One-time disability allowance: 9 months' salary. One-time work-related injury medical subsidy and one-time disability employment subsidy: premise: dissolution or termination of labor relations. The two compensation standards in Hunan Province are eight months' salary.
If the employer pays work-related injury insurance, the standard medical expenses, food subsidies during hospitalization, labor ability appraisal fees, one-time disability subsidies and one-time work-related injury medical subsidies shall be paid by the work-related injury insurance fund; The employer shall pay the wages during the period of suspension with pay, the nursing expenses during hospitalization, the medical expenses that do not meet the standards, and the one-time disability employment subsidy. If the employer fails to pay work-related injury insurance, it shall be borne by the employer.
Legal basis: Regulations on Industrial Injury Insurance
Thirty-seventh 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 13 months, level 8 disability 1 1 month, level 9 disability for 9 months and level 10 disability for 7 months;
(two) the expiration of the labor employment contract, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 62 If an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the social insurance administrative department shall order it to participate within a time limit, pay back the work-related injury insurance premium that should be paid, and impose a daily overdue fine of 0.5 ‰ from the date of default; Failing to pay within the time limit, a fine of 1 times shall be imposed.
If an employee of an employer who should participate in work-related injury insurance in accordance with the provisions of these regulations suffers from work-related injuries, the employer shall pay the fees in accordance with the treatment items and standards of work-related injury insurance stipulated in these regulations.
After the employer participates in work-related injury insurance and pays back the work-related injury insurance premium and overdue fine, the work-related injury insurance fund and the employer shall pay new fees in accordance with the provisions of these regulations.
Measures of Hunan Province for Implementing the Regulations on Industrial Injury Insurance
Twenty-sixth employees who are disabled due to work are identified as seven to ten levels of disability. In accordance with the provisions of Article 37 of the Regulations, a one-time disability subsidy shall be paid by the industrial injury insurance fund.
If the labor (employment) contract expires and the labor relationship is terminated, or the employee himself proposes to terminate the labor (employment) contract, the work-related injury insurance fund will pay the one-time work-related injury medical subsidy, and the employer will pay the one-time disability employment subsidy to terminate the work-related injury insurance relationship.
The specific standards of one-time medical subsidy for work-related injuries are: level 7 disability 15 months, level 8 disability 10 months, level 9 disability for 8 months and level 10 disability for 6 months; The specific criteria of one-time disability employment subsidy are: level 7 disability 15 months, level 8 disability 10 months, level 9 disability for 8 months and level 10 disability for 6 months.
When the labor relationship is terminated or the labor (employment) contract is terminated, if the wages of employees are lower than 60% of the average wages of employees in the last year in the overall planning area, the one-time work-related injury medical subsidy and one-time disability employment subsidy will be calculated and issued according to 60% of the average wages of employees in the last year in the overall planning area.
Social insurance law
Article 38 The following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations:
(a) medical expenses and rehabilitation expenses for the treatment of work-related injuries;
(2) Hospitalization food subsidies;
(three) transportation and accommodation expenses for medical treatment outside the overall planning area;
(four) the cost of installing and configuring assistive devices for the disabled;
(five) life can not take care of themselves, confirmed by the labor ability appraisal committee of life care costs;
(6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV;
(seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;
(8) Funeral grants, dependent relatives' pensions and work-related death grants received by survivors of work-related deaths;
(nine) labor ability appraisal fee.
Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with state regulations:
(a) wages and benefits during the treatment of work-related injuries;
(two) the monthly disability allowance for disabled employees of Grade 5 and Grade 6;
(3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.