Enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations and individual industrial and commercial households with employees in People's Republic of China (PRC), as well as employees of the above organizations and individual industrial and commercial households. Foreign employees working in China should also participate in work-related injury insurance, except that China has signed a social insurance agreement with that country. Freelancers do not enjoy work-related injury insurance benefits.
Compensation standard of industrial injury insurance
Heyuan lawyer Zhuo xian
Practice for 5 years | Guangdong Zhuoxian Law Firm
Good at: criminal defense, divorce, traffic accidents, industrial injury compensation, contract disputes, economic disputes.
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Legal analysis:
The compensation standard for work-related injuries needs to be determined according to the disability grade assessed by the Foundation. Identified as grade disability, a one-time subsidy shall be paid by the industrial injury insurance fund. 27-month salary for first-class disability, 25-month salary for second-class disability, 23-month salary for third-class disability, 2 1 month salary for fourth-class disability, 0/8-month salary for fifth-class disability and 65,500 for sixth-class disability.
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. Grade 7 disability is my salary 13 months, grade 8 disability is my salary 1 1 month, grade 9 disability is my salary for 9 months, and grade 10 disability is my salary for 7 months; If an employee dies at work, his close relatives shall receive funeral subsidies, dependent relatives' pensions and one-time death subsidies from the industrial injury insurance fund in accordance with the following provisions: the funeral subsidies shall be the average monthly salary of employees in the last six months in the overall planning area.
Legal basis:
Regulations on industrial injury insurance
Thirty-fourth workers with work-related injuries who have been assessed as disabled and confirmed by the labor ability appraisal committee need life care, the work-related injury insurance fund will pay the life care fee on a monthly basis.
Life care fees are paid according to three different levels: completely unable to take care of themselves, mostly unable to take care of themselves or partially unable to take care of themselves, and their standards are 50%, 40% or 30% of the average monthly salary of employees in the overall planning area respectively.
Thirty-fifth workers who are disabled due to work are identified as first-class to fourth-class disabilities, retain their labor relations, quit their jobs, 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 standard is: 27 months' salary for first-degree disability, 25 months' salary for second-degree disability, 23 months' salary for third-degree disability and 2 1 month salary for fourth-degree disability;
(2) Pay the disability allowance from the industrial injury insurance fund on a monthly basis. 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) After the workers with work-related injuries reach retirement age and go through retirement formalities, they will stop paying disability allowance and enjoy basic old-age insurance benefits in accordance with relevant state regulations. 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.
Thirty-sixth workers who are disabled due to work are identified as five or six 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 standard is: my salary is level 5 disability 18 months, level 6 disability 16 months;
(two) to retain the labor relationship with the employer, and the employer shall 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 may terminate or terminate the labor relationship with the employer, and the work-related injury insurance fund shall pay the one-time medical subsidy for work-related injuries, and the employer shall pay the 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.