catalogue
Basic information?
Compensation standard?
General work-related injuries?
(1) Medical expenses?
(2) transportation, accommodation?
(3) Rehabilitation treatment fee?
(4) the cost of assistive devices?
(5) paid shutdown?
(6) nursing expenses?
(7) Disability allowance?
What is the standard of treatment for work-related injury death?
(2) Pension for dependent relatives?
(3) Compensation for work-related injuries and deaths? Work injury compensation standard calculation table?
First, ordinary injuries?
Second, cause disability?
Third, work death? What are the items of industrial injury compensation? Expansion? Basic information?
Compensation standard?
General work-related injuries?
(1) Medical expenses?
(2) transportation, accommodation?
(3) Rehabilitation treatment fee?
(4) the cost of assistive devices?
(5) paid shutdown?
(6) nursing expenses?
(7) Disability allowance?
What is the standard of treatment for work-related injury death?
(2) Pension for dependent relatives?
(3) Compensation for work-related injuries and deaths? Work injury compensation standard calculation table?
First, ordinary injuries?
Second, cause disability?
Third, work death? What are the items of industrial injury compensation? Expansion? Editing the basic information of this paragraph mainly refers to laws and regulations [1]?
Administrative regulations: industrial injury insurance regulations. ?
Regulations: Measures for the implementation of industrial injury insurance in all provinces and municipalities directly under the Central Government; Interim measures for the implementation of industrial injury insurance for migrant workers in various provinces. ?
Edit the compensation standard in this paragraph. What are the specific compensation items and standards for general work-related injuries?
(1) Medical expenses 1. Requirements: The expenses for work-related injury treatment are in line with the Catalogue of Work-related Injury Insurance Diagnosis and Treatment Items, the Catalogue of Work-related Injury Insurance Drugs and the Hospitalization Service Standard of Work-related Injury Insurance. ?
2. Legal basis: Paragraph 3 of Article 30 of the Regulations on Industrial Injury Insurance. ?
3. Remarks: If the employer does not participate in work-related injury insurance, it is not necessary to go to a medical institution with a service agreement. ?
(2) Transportation and accommodation fee 1. Standards: The specific standards shall be formulated by the people's government of the overall planning area?
2. Requirements: The medical institution shall issue a diagnosis certificate, and the handling institution shall agree that the injured workers shall seek medical treatment outside the overall planning area. ?
3. Legal basis: Paragraph 4 of Article 30 of the Regulations on Industrial Injury Insurance. ?
(3) Rehabilitation treatment fee 1. Standard: The expenses for treating work-related injuries conform to the Catalogue of Work-related Injury Insurance Diagnosis and Treatment Items, the Catalogue of Work-related Injury Insurance Drugs and the Service Standard for Hospitalization of Work-related Injury Insurance. ?
2. Legal basis: Article 30 (6) of the Regulations on Industrial Injury Insurance. ?
3. Remarks: According to local regulations, rehabilitation treatment needs to be evaluated by experts organized by institutions. ?
(4) Cost of assistive devices 1. Standards: standards for industrial injury AIDS in all provinces and municipalities directly under the Central Government. ?
2. Requirements: Artificial limbs, orthotics, artificial eyes, dentures and wheelchairs are installed due to the needs of daily life or employment. ?
3. Legal basis: Article 32 of the Regulations on Industrial Injury Insurance. ?
(5) paid shutdown 1. Standard: the original salary and welfare benefits remain unchanged, and the unit pays them monthly? . ?
2. Requirements: Generally, the paid downtime shall not exceed 12 months; If the injury is serious or the situation is special, it may be appropriately extended upon confirmation by the Municipal Labor Ability Appraisal Committee with districts, but the extension time shall not exceed 12 months. Workers with work-related injuries who still need treatment after the expiration of paid shutdown shall continue to enjoy medical treatment for work-related injuries. ?
3. Legal basis: Article 33 of the Regulations on Industrial Injury Insurance. ?
4. Remarks: The paid shutdown period is determined according to the diagnosis certificate of medical institutions and the classified catalogue of paid shutdown in various places, but the determined departments and procedures are in accordance with local regulations. ?
(6) Nursing expenses: 1. Standard: (1) If care is needed during paid shutdown, the employer shall be responsible. (2) After assessment of disability, those who need nursing care and cannot take care of themselves completely shall be 50% of the average monthly salary of employees in the last year as a whole; Most people can't take care of themselves, and they should be co-ordinated according to 40% of the average monthly salary of ground workers; Some people can't take care of themselves, and plan as a whole 30% of the average monthly salary of ground workers?
2. Requirements: The living nursing fee is confirmed by the labor ability appraisal committee, and the injured workers enjoy it on a monthly basis. ?
3. Legal basis: Article 33, paragraph 3, and Article 34 of the Regulations on Industrial Injury Insurance. ?
(7) Disability allowance: level 1 to level 4 disability allowance?
1. standard: one-time disability allowance: 27 months salary for first-class disability, 25 months salary for second-class disability, 23 months salary for third-class disability and 2 1 month salary for fourth-class disability; Enjoy monthly disability allowance: 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, make up the difference. ?
2. Requirements: Maintain labor relations and resign from work. Workers with work-related injuries who reach retirement age and go through retirement formalities will stop receiving disability allowance and enjoy basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, make up the difference. Employers and employees pay basic medical insurance premiums based on disability allowance. ?
3. Legal basis: Article 35 of the Regulations on Industrial Injury Insurance. ?
4. Remarks: My salary refers to the average monthly payment salary 12 months before work-related injury or occupational disease. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area. ?
Five or six levels of disability treatment?
1, standard: enjoy one-time disability allowance: my salary is level 5 disability 18 months, level 6 disability 16 months; Retain the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange the work, the employer will pay the disability allowance on a monthly basis. The five-level disability accounts for 70% of my salary, and the six-level disability accounts for 60% of my salary, and the employer will pay the social insurance premiums that should be paid according to the regulations. ?
2. Requirements: If the actual amount of disability allowance is lower than the local minimum wage, the employer will make up the difference. ? Upon the employee's own request, the employee may terminate or terminate the labor relationship with the employing unit, and the employing unit shall pay the one-time work-related injury medical subsidy and disability employment subsidy according to the average monthly salary of the employees in the overall planning area at the time of termination or termination of the labor relationship (the specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government). ?
3. Legal basis: Article 36 of the Regulations on Industrial Injury Insurance. ?
4. Remarks: My salary refers to the average monthly payment salary 12 months before work-related injury or occupational disease. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area. ?
Seven to ten levels of disability treatment?
1. standard: one-time disability allowance: level 7 disability 13 months salary, level 8 disability 1 1 month salary, level 9 disability 9 months salary, 10 level 7 months salary. ?
2. Requirements: If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employing unit shall pay him a one-time medical subsidy for work-related injury and a one-time disability employment subsidy according to the average monthly salary of the employees in the overall planning area at the time of termination or termination of the labor contract (the specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government). ?
3. Legal basis: Article 37 of the Regulations on Industrial Injury Insurance. ?
4. Remarks: My salary refers to the average monthly payment salary 12 months before work-related injury or occupational disease. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area. ?
Treatment standard of work-related injury death (1) funeral subsidy?
Standard: The average monthly salary of employees in the overall planning area last year was 6 months. ?
(2) What are the pension standards for dependent relatives?
(1) According to a certain proportion of the employee's own salary, it is paid to the relatives who provided the main source of livelihood and were unable to work before his death. ?
(2) Spouse 40%, other relatives 30%, widowed elderly or orphans 10%. ?
(3) The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employees who died at work. ?
Range of dependent relatives?
(1) Employee's spouse, children, parents, grandparents, grandparents, grandchildren, grandchildren, brothers and sisters; ?
(2) Children, including children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency, in which children born in wedlock and children born out of wedlock include posthumous children; ?
(3) Parents, including biological parents, adoptive parents and stepparents with dependency; ?
(4) Brothers and sisters, including brothers and sisters of the same parents, half-brothers, half-brothers, and stepbrothers and sisters who are dependent. ?
What are the requirements for applying for dependent relatives' pension? Rely on the workers who died at work to provide the main source of livelihood before their death, and have one of the following circumstances:
(1) Total incapacity?
(2) The spouse of the deceased employee, male over 60 years old and female over 55 years old?
(3) The parents of the deceased employees are over 60 years old for men and 55 years old for women?
(4) The children of the deceased employees are under 18 years old?
(5) The deceased employee's parents died, and his grandfather was over 60 years old and his grandmother was over 55 years old?
(6) The children of the deceased employees have died or completely lost their ability to work, and their grandchildren are under 18 years old?
(7) The parents of the deceased employees have died or completely lost their ability to work, and their brothers and sisters are under the age of 18. ?
Stop enjoying pension benefits?
(1) People who have reached the age of 18 and have not completely lost their ability to work?
(2) Employment or joining the army?
(3) The spouse of the deceased employee remarried?
(4) being adopted by others or organizations?
⑤ dead. ?
Determine if you are eligible for support.
If an employee dies at work, the qualification of his dependent relatives to enjoy pension benefits shall be verified according to the conditions when the employee dies at work. ?
(3) Death allowance standard (1): Death compensation and funeral expenses, the total of which is 20 times of the average annual salary of employees in the previous year. ?
(2) Requirements: 1. Disabled employees died of work-related injuries during the period of shutdown with pay? Their immediate family members shall enjoy the funeral subsidy, dependent family pension and one-time work-related death subsidy stipulated in the first paragraph of this article; 2. The disabled workers of Grade I to Grade IV died after the paid suspension period? Their immediate family members can enjoy the funeral subsidy in Item (1) of the first paragraph of this article and the pension for dependent relatives as stipulated in Item (2). ?
Have an accident while going out to work or disappear during emergency rescue and disaster relief?
Standard of treatment?
1. If an employee goes out to work on business and has an accident or his whereabouts are unknown during emergency rescue and disaster relief, he will be paid as usual within 3 months from the month of the accident. ?
2 from the fourth month to stop the payment of wages, by the industrial injury insurance fund to pay a monthly pension to support relatives. ?
3, life is difficult, you can advance 50% of the one-time death pension. ?
4. If an employee is declared dead by the people's court, it shall be handled in accordance with Article 37 of the Regulations on Industrial Injury Insurance (Article 39 refers to the Regulations on Industrial Injury Insurance, not Article 37). ?
Edit the calculation table of industrial injury compensation standard in this paragraph, also known as the treatment standard of industrial injury insurance. Refers to the compensation items and standards that employees injured at work and relatives of employees who died at work should enjoy according to law. If the employees of the employing unit suffer from work-related injuries during the period when they did not participate in work-related injury insurance, the employing unit shall pay the fees according to the treatment items and standards of work-related injury insurance stipulated in the Regulations on Work-related Injury Insurance. Work injury compensation standard calculation table?
I. General injury 1. Medical expenses: 30 items paid by the industrial injury insurance fund?
2. Food allowance during hospitalization: 30 types of work-related injury insurance funds?
3. Transportation expenses: Paragraph 4 of Article 30 requires the medical institution to prove that the agency agrees that the industrial injury insurance fund will calculate and coordinate the standards for medical treatment and business trips outside the region.
4. Accommodation: 30 items, paragraph 4, the same as transportation expenses, paid by the industrial injury insurance fund?
5, rehabilitation treatment fee 30 6 industrial injury insurance fund to pay?
6、? Prosthetics, Orthopedics, Artificial Eyes, Dentures and Wheelchairs: 32. Standard industrial injury insurance fund payment stipulated by the state?
7. Wages and benefits: 33 items 1 and 2. During the medical treatment period of work-related injuries, the original treatment remains unchanged, generally not exceeding 12 months, and the longest payment is 2 years?
8. Nursing expenses: 33 items, 3 items, which will be paid by the unit during the paid shutdown period?
Two. 1 34 items of living nursing expenses caused by disability. Those who have been assessed as disabled and confirmed by the appraisal committee to need life care shall be paid by the industrial injury insurance fund according to three grades: totally unable to take care of themselves, mostly unable to take care of themselves and partially unable to take care of themselves, and 50%, 40% and 30% of the regional average salary shall be paid as a whole?
2.35 Disability allowance level 1-4?
1, article 35, 1, retain labor relations and leave?
2. One-time disability allowance level 1 July * my salary/month 2 May * my salary/month 3 23* my salary/month 4 2 1* my salary is paid by the industrial injury insurance fund?
3 Disability allowance? Pay 90% of my first-class salary, 85% of my second-class salary, 80% of my third-class salary and 75% of my fourth-class salary monthly. If it is lower than the local minimum wage, the difference will be paid by the industrial injury insurance fund?
4. Workers with work-related injuries stop paying disability allowance after retirement and enjoy old-age insurance. If it is lower than the disability allowance, it shall be paid from the difference fund?
5. Changes in the payment of basic medical insurance premiums? Based on disability allowance, do units and individuals spend the same fund?
B article 36 preserve labor relations and arrange work properly?
1 lump-sum disability allowance: standard: level 5 18 months, my monthly salary fund 16 months?
Disability allowance: If it is difficult to arrange work, 70% of my standard five-level salary will be paid to the disability allowance unit monthly. 60% of Grade 6 is below the local minimum wage. Does the employer make up the difference?
3 one-time disability Medicaid premise: the standard of terminating labor relations? Article 29 of Guangdong Province Industrial Injury Insurance Regulations, level 5 10 month, level 6, 8 months, fund expenditure based on my salary?
4. What are the criteria for the disability employment subsidy to terminate labor relations? Article 29 of the Regulations of Guangdong Province on Industrial Injury Insurance, 50 months for level 5 and 40 months for level 6, paid based on my salary?
C 7 to 10, article 37?
1 one-time disability allowance: standard: level 7 13 months, level 8 1 1 month salary, level 9/9 months, level 10/7 months fund expenditure?
2 Disability allowance: None?
3 One-time medical subsidy for work-related injuries Standard for termination of labor relations and termination of labor contracts Article 29 of Guangdong Province Regulations on Work-related Injury Insurance: 6 months for level 7, 4 months for level 8, 2 months for level 9, 10- 1 month. The fund expenditure is based on my salary?
4. What are the criteria for disability employment subsidies to terminate labor relations and terminate labor contracts? Article 29 of the Regulations of Guangdong Province on Work-related Injury Insurance, 25 months for level 7, 0/5 months for level 8/kloc, 8 months for level 9 and 4 months for level 10?
Three. Work-related death 1, one-time work-related death subsidy 39. The total amount is 20 times the per capita disposable income of urban residents in China last year?
2.39 Funeral allowance? What is the average monthly salary fund expenditure of employees in the last year in the 6-month overall planning area?
3. Pension for dependent relatives Article 39 The employee's salary is 1, the spouse's monthly salary is 40%, other relatives' monthly salary is 30%, and the elderly who are lonely and widowed are increased by 10% on the above basis. The total amount does not exceed the living wage fund expenditure?
4. Compensation standard for death due to illness or non-work-related injury?
Funeral allowance for illness or non-work-related death? One-time relief for immediate family members, one-time pension?
The amount of compensation? Three months' average salary. Six months' salary? Six months in office and three months out of office [2]?
What are the compensation items for work-related injuries in this paragraph? What are the compensation items for work-related injuries?
1. Compensation items that cause general injury (not reaching disability)?
Medical expenses, food subsidies for the injured during hospitalization, living care expenses, wages during work-related injuries, and transportation and accommodation expenses. ?
Second, the compensation items that cause disability:
Medical expenses, food subsidies, living nursing expenses, wages during work-related injuries, transportation and accommodation expenses, assistive devices, one-time disability allowance, one-time medical subsidy for work-related injuries, and one-time disability employment subsidy. ?
Three. Death compensation project:?
Funeral subsidy, one-time casualty subsidy, and dependent relatives pension. ?
Four. Employee's whereabouts are unknown:
Compensation items whose whereabouts are unknown when employees go out for emergency rescue or disaster relief should be determined according to different situations. If the employee is not declared dead, the compensation items available to his immediate family members include: pension for dependent relatives and 50% lump-sum death subsidy (in case of difficulties); When an employee is declared dead, the immediate family members can get compensation items: funeral expenses, pensions for dependent relatives, and one-time subsidies for the death of employees. ?
One-time compensation method for casualties in illegal employment units?
Article 1 These Measures are formulated in accordance with the authorization of Paragraph 1 of Article 66 of the Regulations on Industrial Injury Insurance. ?
Article 2 Casualties of illegal employing units as mentioned in these Measures refer to employees who have been injured by accidents or suffered from occupational diseases in units that have no business license or are not registered and filed according to law, as well as those whose business license or registration has been revoked according to law, or those who are disabled or killed because of employing child labor. ?
The units listed in the preceding paragraph must, in accordance with the provisions of these measures, give one-time compensation to disabled employees or dead employees, disabled child workers or close relatives of dead child workers. ?
Article 3 One-time compensation includes expenses and one-time compensation for employees or child laborers who are injured by accidents or suffer from occupational diseases during treatment. The amount of one-time compensation shall be determined after the death of an employee or child worker injured by an accident or suffering from an occupational disease or after the appraisal of his working ability. ?
The appraisal of labor ability shall be handled by the municipal labor ability appraisal committee in the district where the unit is located according to the principle of territoriality. The labor ability appraisal fee shall be paid by the unit where the injured worker or child worker works. ?
Article 4 If an employee or child worker suffers from accidental injury or occupational disease, the living expenses during the treatment period before the labor ability appraisal shall be determined according to the average monthly salary of employees in the overall planning area in the previous year. Medical expenses, nursing expenses, food subsidies and transportation expenses during hospitalization shall be determined in accordance with the standards and scope stipulated in the Regulations on Industrial Injury Insurance, and all of them shall be paid by the units where disabled employees or child laborers work. ?
Article 5 One-time compensation shall be paid according to the following standards:
The compensation base is level 1 disability 16, level 2 disability 14, level 3 disability 12, level 4 disability 10, level 5 disability 8, level 6 disability 6, level 7 disability 4 and level 8. ?
The compensation base mentioned in the preceding paragraph refers to the average annual salary of employees in the industrial injury insurance co-ordination area where the unit is located. ?
Article 6 In case of death due to accidental injury or occupational disease, one-time compensation shall be paid according to 20 times of the per capita disposable income of urban residents in the previous year, and other compensation such as funeral allowance shall be paid according to 10 times of the per capita disposable income of urban residents in the previous year. ?
Article 7 If a unit refuses to pay one-time compensation, the close relatives of the disabled or dead workers and the disabled or dead child workers may report to the administrative department of human resources and social security. After verification, the administrative department of human resources and social security shall order the unit to make corrections within a time limit. ?
Article 8 Any dispute between the close relatives of disabled workers or dead workers, disabled children or dead children and the unit over the amount of compensation shall be handled in accordance with the relevant provisions on the handling of labor disputes. ?
Article 9 These Measures shall come into force as of 20111. On September 23, 2003, the Measures for One-time Compensation for Casualties in Illegal Employment Units promulgated by the Ministry of Labor and Social Security shall be abolished at the same time.