How to pay for work-related injuries in public institutions
Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Legal consultation: The employees of our unit had a car accident when they were not at work, and issued false work injury certificates for them, and they have applied for work injury. Now, labor arbitration is filed in the labor department, so that the unit can compensate for the medical expenses. What should I do? Lawyer Zhong Gu French Network answers: If the work-related injury certificate is false, you can collect evidence and ask the court to cancel the work-related injury appraisal, and then his lawsuit will be automatically revoked first. I suggest you actively respond to the lawsuit and file an application for revocation of the appraisal. Relevant legal knowledge: the treatment of employees who are disabled at work. In the first case, if an employee is disabled due to work and is identified as a first-class or fourth-class disability, he/she will retain his/her labor relationship, quit his/her post and enjoy the following benefits: 1. A one-time disability allowance is paid by the industrial injury insurance fund according to the disability level. The standards are: 24 months for first-degree disability, 22 months for second-degree disability, 20 months for third-degree disability and 20 months for fourth-degree disability. 2. Pay the disability allowance monthly from the industrial injury insurance fund. 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, inductrial injury worker reached retirement age and retirement formalities, stop disability allowance, enjoy the 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. Workers who are disabled due to work are identified as one to four levels of disability, and the employer and individual employees pay the basic medical insurance premium on the basis of disability allowance. In the second case, employees who are disabled at work and are identified as five or six levels of disability shall enjoy the following treatment: 1. Pay a one-time disability allowance from the industrial injury insurance fund according to the level of disability. The standard is: level 5 disability 16 month salary, level 6 disability 14 month salary; 2. Maintain labor relations with the employer, and the employer will 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 can terminate or terminate the labor relationship with the employer, and the employer will pay him a one-time medical subsidy for work-related injuries for 20 months, 18 months and a one-time disability employment subsidy for 35 months and 30 months 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. In the third case, employees who are disabled at work and are identified as level 7 to 10 enjoy the following benefits: 1. Pay a one-time disability allowance from the industrial injury insurance fund according to the level of disability. 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. 2. If the labor contract expires or the employee proposes to terminate the labor contract, the employer shall pay me a one-time work-related injury medical subsidy and a one-time disability employment subsidy according to the average monthly salary of the employees in the overall area when the labor contract is terminated or terminated. The specific standards of medical subsidy for one-time work-related injury are: level 7 16 months, level 8 14 months, level 9 12 months, 10 months; The specific standards of one-time employment subsidy for the disabled are: grade 7, 25 months, grade 8, 20 months, grade 9 15 months, 10/0 months. If the employee is diagnosed as an occupational disease, the one-time medical subsidy for work-related injury will be increased by 50% on the basis of the above standards. Workers with work-related injuries who have been away from the statutory retirement age for more than 5 years shall be paid in full for the one-time work-related injury medical subsidy and one-time disability employment subsidy; If it is less than 5 years away from the statutory retirement age, the one-time disability employment subsidy will be reduced by 20% every year. If it is less than 1 year from the statutory retirement age, it will be paid at 10% of the total amount of one-time disability employment subsidy; Reach the statutory retirement age, do not pay a one-time medical subsidy for work-related injuries. Recommended lawyer: Huang Qun lawyer Huang Qun, lawyer: Bachelor of Laws, 1998 started practicing as a lawyer, and now works in Chengdu Branch of Beijing Huicheng Law Firm. Specializing in the research and practice of civil and commercial legal affairs. For more than ten years, lawyer Huang Qun has handled hundreds of civil, criminal and administrative cases for various clients with his persistence and diligence, and presided over and participated in the mediation of many non-litigation disputes. Accumulated rich experience in handling cases and years of experience in handling cases, and created a mature style of handling cases. Being good at analyzing cases from multiple angles, exploring opportunities and striving for the most legitimate interests for clients to the maximum extent has become an important and distinctive thinking personality in Huang Qun's lawyer agency work.