Work-related injury compensation
Article 30: Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.
Work-related injuries should be treated at a medical institution that has signed a service agreement. In an emergency, employees can first go to the nearest medical institution for first aid.
The expenses required for the treatment of work-related injuries shall be paid by the work-related injury insurance fund if they comply with the work-related injury insurance diagnosis and treatment item catalog, the work-related injury insurance drug list and the work-related injury insurance hospitalization service standards. The catalog of work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug catalog, and the work-related injury insurance hospitalization service standards shall be stipulated by the social insurance administrative department of the State Council in conjunction with the health administrative department and the food and drug regulatory department of the State Council.
The food subsidy for employees who are hospitalized for work-related injuries, as well as the transportation, food and accommodation expenses incurred by employees injured at work who seek medical treatment outside the coordinated area, shall be paid from the work-related injury insurance fund after being certified by the medical institution and approved by the handling agency. The payment standards shall be stipulated by the coordinating regional people's government.
Employees injured at work who are treated for non-work-related injuries will not enjoy work-related injury medical treatment and will be treated as basic medical insurance benefits.
The expenses incurred by workers injured at work for work-related injury rehabilitation at the medical institution that signed the service agreement shall be paid by the work-related injury insurance fund if they comply with the regulations.
Article 31: If administrative reconsideration or administrative litigation occurs after the social insurance administrative department makes a decision on work-related injury identification, the payment of medical expenses for work-related injuries to injured employees shall not be suspended during the administrative reconsideration and administrative litigation.
Article 32: Workers injured at work may be installed with prostheses, orthotics, prosthetic eyes, dentures, wheelchairs and other assistive devices due to their living or employment needs, and upon confirmation by the Labor Capacity Appraisal Committee, the required fees shall be in accordance with national regulations. The standard is paid from the work-related injury insurance fund.
Article 33 If an employee is injured in an accident at work or suffers from an occupational disease and needs to suspend work to receive work-related injury medical treatment, during the period of suspension of work and salary retention, the original salary and welfare benefits will remain unchanged and will be paid by the unit on a monthly basis.
The period of layoff without pay 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 Capacity Appraisal Committee, but the extension period shall not exceed 12 months. After an employee injured at work is assessed as having a disability level, his original benefits will be suspended and he will enjoy disability benefits in accordance with the relevant provisions of this chapter. After the period of suspension of work and salary retention expires, if a work-injured employee still needs treatment, he or she will continue to enjoy work-related injury medical treatment.
If a work-injured employee who cannot take care of himself needs care during the period of suspension of work and salary, the employer shall be responsible for it.
Article 34 If an employee injured at work is identified as having a disability level and is confirmed by the Labor Capacity Appraisal Committee to need nursing care, the nursing fee will be paid monthly from the work-related injury insurance fund.
Living care fees are paid according to three different levels: those who cannot take care of themselves at all, those who cannot take care of most of their lives, and those who cannot take care of part of their lives. The standards are respectively 50%, 40%, and 40% of the average monthly salary of employees in the coordinated area in the previous year. 30%.
Article 35 If an employee becomes disabled due to work and is identified as a first- to fourth-level disability, the labor relationship will be retained, he will quit his job, and he will enjoy the following benefits:
(1) ) A one-time disability subsidy is paid from the work-related injury insurance fund according to the disability level. The standard is that the first-level disability is 27 months of personal wages, the second-level disability is 25 months of personal wages, and the third-level disability is 23 months. Months of personal salary, and level 4 disability is 23 months of personal salary. The first degree of disability is 27 months of personal wages, the second degree of disability is 25 months of personal wages, the third degree of disability is 23 months of personal wages, and the fourth degree of disability is 21 months of personal wages.
(2) Disability allowance is paid monthly by the work-related injury insurance fund. The standards are: first-level disability is 90% of the individual’s salary, second-level disability is 85% of the individual’s salary, and third-level disability It is 80% of my salary, and for level four disability it is 75% of my salary. If the actual amount of disability allowance is lower than the local minimum wage standard, the difference will be made up by the work-related injury insurance fund
(3) After the work-injured employee reaches the retirement age and goes through the retirement procedures, the difference will be made up by the work-related injury insurance fund .
If an employee becomes disabled due to work and is identified as a grade one to grade four disability, the employer and individual employee shall pay basic medical insurance premiums according to the disability allowance standard.
Article 36 Employees who are diagnosed with level five or level six disabilities due to work-related injuries shall enjoy the following benefits:
(1) From the work-related injury insurance fund according to the level of disability The standard for payment of one-time disability subsidy is: 18 months of personal salary for level 5 disability and 16 months of personal salary for level 6 disability;
(2) Retention of the relationship with the employer In terms of labor relations, the employer shall arrange appropriate work. (2) Retain the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange work, the employer will provide a disability allowance on a monthly basis. The fifth-level disability is 70% of the person's salary, and the sixth-level disability is 60% of the person's salary. The employer will pay social insurance premiums in accordance with regulations. . If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.
At the request of the injured employee himself, the labor relationship with the employer can be terminated. The one-time medical subsidy for work-related injuries will be paid by the work-related injury insurance fund, and the one-time disability employment subsidy will be paid by the employer. The specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 37 Employees who become disabled due to work and are identified as disabled from grade 7 to grade 10 shall enjoy the following benefits:
(1) From the work-related injury insurance fund A one-time disability subsidy is paid according to the disability level, and the standard is:
(2) Level 7 disability is 13 months’ personal salary: Level 7 disability is 13 months’ salary, and Level 8 disability is 13 months’ salary. Disability is equivalent to 11 months of personal wages, grade 9 disability is 9 months of personal wages, and grade 10 disability is 7 months of personal wages;
The employer shall follow the instructions of the province, autonomous region, and municipality directly under the Central Government. The one-time medical subsidy and one-time disability employment subsidy shall be paid according to the specific standards prescribed by the people's government. (2) If the labor or employment contract is terminated or terminated, or the employee himself proposes to terminate or terminate the labor or employment contract, the work-related injury insurance fund shall pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 38 If a work-related injury recurs and is confirmed to require treatment, an employee shall enjoy the work-related injury benefits stipulated in Articles 30, 32 and 33 of these Regulations.
Article 39: If an employee dies on the job, his or her close relatives shall receive funeral subsidy, dependent relative pension and one-time work-related death subsidy from the work-related injury insurance fund in accordance with the following provisions:
(1) The funeral subsidy is 6 months’ average monthly salary of employees in the coordinated area in the previous year
(2) The dependent relatives’ pension is paid to the employee who died on the job according to a certain proportion of the employee’s salary. A certain percentage of the employee's salary is paid to the dependent relatives' pension of an employee who dies on the job. An employee who dies on the job provides his main source of livelihood for his relatives who are unable to work. The standard is 40% per month for spouses, 30% per month for each other relative, and 10% per person per month for the elderly or orphans. The sum of the pensions approved by each dependent relative shall not be higher than the salary of the employee who died on the job. The specific scope of supporting relatives shall be stipulated by the social insurance administrative department of the State Council
(3) The standard for one-time work-related death benefit shall be 20 times the national per capita disposable income of urban residents in the previous year.
If a disabled employee dies due to a work-related injury during the period of suspension of work and salary retention, his close relatives shall enjoy the benefits stipulated in paragraph 1 of this article.
If a first- to fourth-level disabled employee dies after the period of suspension of work and salary retention, his close relatives shall enjoy the benefits stipulated in items (1) and (2) of paragraph 1 of this article.
Article 40 Disability allowances, dependent relatives’ pensions, and living care expenses shall be adjusted in a timely manner by the coordinating regional social insurance administrative department based on changes in the average wages of employees and living expenses. It shall be adjusted by the social insurance administrative departments of provinces, autonomous regions and municipalities directly under the Central Government. Adjustment measures shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 41 If an employee’s whereabouts are unknown due to an accident while away for work or during rescue and disaster relief, wages will be suspended for three months starting from the month of the accident, and wages will be suspended for the fourth month. The dependent relatives will receive pensions from the work-related injury insurance fund on a monthly basis. For those who have difficulty living, 50% of the one-time work-related death benefit can be advanced in advance. If an employee is declared dead by the people's court, the matter shall be handled in accordance with the provisions of Article 39 of these Regulations on the death of an employee due to work.
Article 42 If an employee injured at work falls into any of the following circumstances, he or she shall cease to enjoy work-related injury insurance benefits
(1) Loss of conditions for enjoying benefits
(2) ) Refuse to accept labor ability appraisal
(3) Refuse to accept medical treatment.
Article 43 If an employer is divided, merged, or transferred, the successor unit shall bear the liability for work-related injury insurance of the original employer; if the original employer has participated in work-related injury insurance, the successor unit shall report to the local agency Apply for work-related injury insurance change registration.
If the employer implements contract operation, the liability for work-related injury insurance shall be borne by the unit where the employee's labor relations are established.
If an employee suffers a work-related injury accident during the secondment period, the original employer shall bear the liability for work-related injury insurance, but the original employer and the secondee unit may agree on the method of compensation.
If an enterprise goes bankrupt, during the bankruptcy liquidation period, the work-related injury insurance benefits that should be paid by the unit shall be allocated in accordance with the law.
Article 44 If an employee is dispatched to work abroad and is required to participate in local work-related injury insurance according to the laws of the country or region where he is dispatched, his domestic work-related injury insurance relationship will be suspended; if he is unable to participate in local work-related injury insurance, Do not terminate its domestic work-related injury insurance relationship.
Article 45 If an employee suffers another work-related injury and should enjoy disability allowance according to regulations, he shall enjoy disability allowance according to the newly recognized disability level.