Apply for work-related injury identification first, and finally determine the compensation amount after the appraisal level.
1. Applying to the Human Resources and Social Security Bureau (the former Labor Bureau) for work-related injury identification requires the company to report the accident within one month. If the company does not apply, the injured employee or his close relatives shall apply for appraisal within one year. Materials to be submitted: application form for work-related injury identification (generally downloaded from the website of Human Resources and Social Security Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.
2, after treatment, disability and the injury is relatively stable, it shall apply for labor ability appraisal, and apply to the municipal labor ability appraisal committee (generally established in the Human Resources and Social Security Bureau at the same level);
3. According to different levels of disability, the compensation is different. The main compensation includes: medical expenses, one-time disability subsidies, one-time employment subsidies, one-time medical subsidies, wages during shutdown, food subsidies, nursing expenses, etc.
Two, if the self-employed boss did not participate in work-related injury insurance, the boss will bear the relevant expenses.
Extended data:
On February 28th, 2006, 65438+2006, the Supreme People's Court issued the document (2006) H.Z.No. 12, namely "Reply on whether employees or their relatives can get compensation from industrial injury insurance after obtaining civil compensation", which stipulates:
"Employees or their close relatives who are injured by a third party due to work-related injuries may apply to the work-related injury insurance institution for compensation for work-related injury insurance benefits in accordance with the provisions of Article 37 of the Regulations on Work-related Injury Insurance after receiving compensation from the third party."
According to the judicial interpretation, it can be concluded that Xie Mingfeng (the deceased), an injured worker in this case, died in an industrial accident caused by the infringement of a third party, and his close relatives can get compensation from industrial injury insurance in addition to civil compensation.
Beijing industrial injury insurance treatment standard
1. Medical expenses for the disabled to treat work-related injuries or occupational diseases. Registration fee, medical treatment fee, hospitalization fee, medical treatment fee and medicine fee.
2. Treatment of persons with disabilities identified as Grade I to IV:
(1) Pay the disability pension every month. The standards are: 90% of my salary for the first grade, 85% for the second grade, 80% for the third grade and 75% for the fourth grade;
(2) One-time disability allowance. The standards are: the first level is 24 months' salary for disabled employees, the second level is 22 months' salary for disabled employees, the third level is 20 months' salary for disabled employees, and the fourth level is 18 months' salary for disabled employees;
(3) If the labor appraisal committee confirms that nursing is needed, the monthly nursing fee standard is: for those who rely on nursing, all of them will be paid at 50% of the average monthly salary of employees in this city in the previous year; Most of the nursing expenses depend on 40% of the average monthly salary of employees in this city last year; Nursing dependence is paid at 30% of the average monthly salary of employees in this city in the previous year.
3 was identified as five to ten, enjoy the following treatment:
(1) One-time disability subsidy standard: the fifth level is the disabled employee himself 16 months' salary; Level 6 is the disabled employee himself 14 months; Grade 7 is the disabled employee himself 12 months; Grade 8 is the disabled employee himself 10 month; Grade 9 is a disabled employee for 8 months; Level 10 is the disabled employee himself for 6 months;
(2) On-the-job disability allowance standard: I reduce my salary by 90%;
(3) One-time disability employment subsidy: if I am willing to find a job by myself with the consent of the enterprise, or if I need to choose a job after the expiration of the labor contract, the standard of one-time disability employment subsidy is: 30 months' average monthly salary of employees in this city in the previous year; The average monthly salary of employees in this city last year was 25 months; 20 months, the average monthly salary of employees in this city last year;
Grade 8,1may, the average monthly salary of employees in this city last year; Grade 9, 10 month, the average monthly salary of employees in this city last year; The average monthly salary of employees in this city last year was 5 months. The receipt of disability employment subsidy does not affect the unemployment benefits that the insured should enjoy according to the unemployment insurance regulations.
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