In the Regulations on Work Injury Insurance promulgated by various provinces, autonomous regions and municipalities directly under the Central Government, the compensation standards and calculation methods are different, and there are certain regional differences. On the issue of industrial injury claims, I can provide you with a reference data, calculated according to the compensation standard stipulated in the Regulations on Industrial Injury Insurance issued by various places.
There are three kinds of compensation for those who reach the minimum level of 10 or above, namely: one-time disability subsidy (paid by social security to the injured), one-time medical subsidy (paid by social security to the injured-some areas stipulate that this compensation is paid by enterprises to the injured) and one-time disability re-employment subsidy (paid by enterprises to the injured).
If you don't terminate the labor contract (that is, you are still working in this unit), you can only get a one-time disability subsidy (in some places, you can also get a one-time medical subsidy if you don't terminate the labor relationship); If you terminate the labor contract with the employer, you can get a one-time disabled re-employment fund and a one-time medical subsidy; If the labor contract has not been terminated, it will not be collected temporarily.
The following is an example of the ten-level disability compensation standard stipulated in the Regulations of Guangdong Province on Industrial Injury Insurance:
One-time disability allowance: compensation for 7 months' salary.
One-time disabled re-employment fund: compensate me for 4 months' salary.
One-time Medicaid: compensate me 1 month salary.
Hubei Province's "Regulations on Work Injury Insurance" also stipulates that if the labor contract expires or the employee proposes to terminate the labor contract, the employer will pay a one-time work-related injury medical subsidy and disability employment subsidy. One-time work-related injury medical subsidy standard: 10 level disability for 8 months; One-time disability employment subsidy standard: Grade 10 disability for 8 months.
And the ten-level disability compensation standard stipulated in the Regulations of Zhejiang Province on Industrial Injury Insurance:
One-time disability allowance: compensation for 7 months' salary.
One-time disabled re-employment fund: compensate me for 2 months' salary.
One-time Medicaid: compensate me for 2 months' salary.
In the Regulations of Sichuan Province on Industrial Injury Insurance, the compensation standard for level 10 disability is:
One-time disability allowance: six months' salary.
One-time disability employment subsidy: paid for four months.
One-time medical subsidy for work-related injuries: paid for one month.
Ten-level disability compensation standards stipulated in the Regulations of Jiangsu Province on Industrial Injury Insurance:
The benchmark standard of one-time medical subsidy for work-related injuries is: 30,000 yuan for ten grades.
The benchmark standard of one-time employment subsidy for the disabled is: ten levels10.5 million yuan.
One-time disability allowance is not clear. (It should be seven months' salary).
My salary refers to the average monthly payment salary of the employees who suffered work-related injuries in the first 12 months due to accidents or occupational diseases in this unit. If the unit pays work-related injury insurance premiums for workers with work-related injuries for less than 12 months, the average monthly payment salary shall be calculated according to the actual number of months. 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.
If the employer fails to purchase social security for employees, the above compensation shall be borne by the employer with reference to the above compensation standards.
By the way, when some employers calculate their average salary 12 months before injury, they calculate it according to the actual income, and some calculate it according to the basic salary of the social security payment base. There is a huge difference between them! For example, the one-time disability allowance for level 10 disability compensation is calculated according to 7 months' salary. Assuming that your average actual income and salary before injury 12 months is 5000 yuan, then 7 times 5000 equals 35000 yuan; However, the calculation of the Social Security Bureau is based on the payment of wages. The average work-related injury social security payment salary base unit of 02 months before your injury is 65438+ 2000 yuan for you. If the Social Security Bureau settles the one-time disability allowance, it is 7 times 2000 equal to 14000 yuan. Then 35000 minus 14000 equals 2 1000, which is a huge difference. Then this 2 1 0,000 yuan will be replenished to you by the employer (that's what our unit does), and the wages for shutdown with joint pay are calculated according to the normal attendance wages of the injured. For example, his salary at work is 7,000 yuan a month, and he can't go to work because of work-related injuries, and he pays 7,000 yuan to the injured as usual every month. Most enterprises can't do this, and pay the basic salary at most. That is to say, if your normal monthly income is 7,000 yuan and the basic salary is only 2,000 yuan, then only 2,000 yuan (or according to the regional average salary) will be paid to the injured person, including one-time medical assistance and one-time disability employment subsidy. Many enterprises are unwilling to compensate the injured according to the actual income, mainly because the calculated compensation will lead to heavy burden and high cost, so most enterprises calculate the compensation for the injured according to the social security payment salary (or according to the regional average payment salary). From the perspective of workers, enterprises can be required to calculate compensation according to actual wages. It can even be said that in addition to the three social security compensation, we can also ask the enterprise to make compensation (of course,
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