Is there a contract? Have you identified a work-related injury?
Go to the labor bureau to apply for appraisal. Only after identification, it is difficult to get compensation later.
One-time disability allowance
One-time disability employment subsidy
One-time disability medical subsidy
General work-related injury
Specific compensation items and standards
(1) medical expenses
1. Requirements: The expenses for the treatment of work-related injuries conform to the Catalogue of Work-related Injury Insurance 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.
(two) hospital food subsidies, transportation expenses, room and board.
1. standard: The specific standard shall be stipulated 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 Hospitalization Service Standard 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) Expenses for assistive devices
1. standard: standards for the quota of industrial injury AIDS in all provinces and municipalities directly under the central government. 2. Requirements: Artificial limbs, orthotics, artificial eyes, dentures, wheelchairs and other auxiliary devices 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 are unchanged, and the unit will pay it 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
The first to fourth disability pension is 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 allowance 1, standard: enjoy one-time disability allowance: five levels of disability are my salary 18 months, and six levels of disability are my salary 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. Grade 7-10 disability allowance 1, standard: enjoy one-time disability allowance: grade 7 disability is 12 months of my salary, grade 8 disability is 10 months of my salary, grade 9 disability is 8 months of my salary, and grade 10 disability is 6 months of my 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 allowance
Standard: The average monthly salary of employees in the overall planning area last year was 6 months.
(2) Pension for dependent relatives
Standard (1), according to a certain proportion of the employee's salary, is given to the relatives who provided the main source of livelihood and were unable to work before their death. (2) Spouse 40%, other relatives 30%, old people or orphans 10%. (3) The sum of the pensions approved for supporting relatives shall not be higher than the wages of employees who died at work. Dependent relatives (1), spouses, children, parents, grandparents, grandchildren, grandchildren, brothers and sisters of employees. (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 step-parents 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. The application conditions for dependent relatives' pensions depend on the main source of livelihood provided by employees who died at work during their lifetime, and there are one of the following circumstances: (1) completely losing their ability to work; (two) the spouse of the deceased employee, male over 60 years old, female over 55 years old; (3) The parents of the deceased employee, male over 60 years old and female over 55 years old; (4) The children of the deceased employees are under the age of 18; (five) the parents of the deceased employee have died, and the grandfather has reached the age of 60 and the grandmother has reached the age of 55; (six) the children of the deceased employees have died or completely lost their ability to work, and their grandchildren are under the age of 18; (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), reach the age of 18 and have not completely lost their working ability; (2), employment or joining the army; (3) The spouse of the deceased employee remarries; (4) Being adopted by others or organizations; (5), dead. Determine whether the employees who meet the time for receiving the support qualification have died due to work, and the qualifications of their dependent relatives to enjoy the old-age treatment shall be approved according to the conditions when the employees die due to work.
(3) One-time compensation for work-related injury death
(1), standard: death compensation and funeral expenses, the total of which is 20 times of the average annual salary of employees in last year. (2) Requirements: First, the immediate family members of disabled employees who died at work during the period of unpaid leave shall enjoy the funeral allowance, dependent relatives' pension and one-time work-related death allowance stipulated in the first paragraph of this article; Two, one to four disabled workers died after the expiration of the suspension of work, you can enjoy the funeral subsidy in the first paragraph (a) of this article and the pension for dependent relatives as stipulated in the second paragraph.
There is an accident when going out to work or the whereabouts of emergency rescue and disaster relief are unknown.
The standard of treatment is 1. If an accident occurs when an employee goes out to work on business or his whereabouts are unknown during emergency rescue and disaster relief, he shall be paid 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.
Edit the calculation table of industrial injury compensation standard in this paragraph.
Industrial injury compensation standard, also known as industrial injury insurance treatment standard. 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. Calculation table of industrial injury compensation standard
I. General injuries
1. Medical expenses: 30 items and 3 categories paid by the industrial injury insurance fund; 2. Food allowance during hospitalization: 30 items and 4 categories paid by the industrial injury insurance fund; 3. Transportation expenses: 30 items and 4 conditions: medical institution certification, institution examination and approval, overall planning for medical treatment outside the region and calculation of business trip standards; 4. Accommodation fee: 30 items and 4 categories paid by the industrial injury insurance fund; 5. Rehabilitation expenses: 30 items, 6 items paid by the industrial injury insurance fund; 6. Prosthetics, orthotics, artificial eyes, dentures and wheelchairs: 32 items stipulated by the state to be paid by the standard industrial injury insurance fund; 7. Wages and benefits: 33 items; 65,438+0; 2. During the medical treatment period of work-related injuries, the original treatment remains unchanged, generally not exceeding 12 months, and the longest 2 years shall be paid by the unit; 8. Nursing expenses: 30.
Second, it causes disability.
1, living care fee 34, paragraph 2, has been rated as disability, and it is confirmed by the appraisal committee that living care fee is needed. According to the three grades of completely unable to take care of themselves, most unable to take care of themselves and some unable to take care of themselves, 50%, 40% and 30% of the regional average wage are paid by the industrial injury insurance fund respectively. 2. A-4 disability benefits 35, 1, and labor relations are reserved. 35 1 2 One-time Disability Allowance 1 Grade July * My salary/Grade 2 May * My salary/Grade 3 23* My salary/Grade 4 2 1* My salary work injury insurance fund pays Grade 3 Disability Allowance, and pays 90% of my salary 1 Grade monthly. Should make up the difference, the work-related injury insurance fund should pay the retirement disability allowance for 4 workers with work-related injuries and enjoy the pension insurance benefits. Below the disability allowance, the fund will make up the difference and pay the basic medical insurance premium. Change the base of disability allowance. Units and individuals * * * share the same fund expenditure. Thirty-sixth five, six, retain labor relations, proper arrangements for work. 1 lump-sum disability allowance: standard: level 5, 18 months, level 6, 16 months. My monthly salary fund expenditure 2 disability allowance: if I have difficulty in arranging my work, I will be paid to the disability allowance unit monthly. 60% of Grade 6 is below the local minimum wage. Employers make up the difference. Premise of one-time disability medical subsidy: standard for terminating labor relations "Guangdong Province Industrial Injury Insurance Regulations" Article 29 Level 5 10 month Level 6 level 8 months Termination of labor relations based on my salary and fund expenditure 4 "Guangdong Province Industrial Injury Insurance Regulations" Article 29: Level 5 50 months Level 6 40 months: 37 7 to 1 0-level lump-sum disability allowance is paid based on my salary: standard: 7-level 1 30-level 7-month fund expenditure 3-level lump-sum work-related injury medical allowance, termination of labor relationship and termination of labor contract standard "Guangdong Province Regulations on Work-related Injury Insurance" 29, 7-level 6 months, 8-level 4 months, 9-level 2 months,1kloc-0/month, with me.
Third, work death.
1, 39 one-time work-related death grants, the total amount of which is 20 times of the per capita disposable income of urban residents in the previous year; 2, funeral subsidies, 39, the average monthly salary of employees in the last six months of the overall planning area; 3, support relatives' pension, 39, a certain proportion of employees' salary 1, spouse's monthly salary 40%, other relatives' monthly income 30%, and the number of lonely elderly and orphans increased 10. The total amount does not exceed the living wage fund expenditure.
Four, due to illness or non-work-related death compensation standard (does not belong to work-related injuries)
Funeral Grant for Death Due to Illness or Non-work-related; One-time Relief Fund for Immediate Family; One-time Pension Compensation Amount; 3 months' average salary; 6 months' salary; 6 months' employment; 3 months' retirement [2]
Edit this paragraph. What are the items of industrial injury compensation?
The compensation items of industrial injury claim are as follows:
First, compensation for general injuries (not reaching disability), including medical expenses, food subsidies for the injured during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, etc.
2. Disability compensation items: medical expenses, food subsidies for the injured during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive devices expenses, one-time disability subsidies, disability allowances, one-time medical subsidies for work-related injuries, and one-time employment subsidies for work-related injuries.
Three. Compensation items causing death: funeral subsidy, one-time casualty subsidy, and dependent relatives pension. 4. The employee's whereabouts are unknown: the compensation items whose whereabouts are unknown when the employee goes out for emergency rescue or disaster relief depend on 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. Measures for one-time compensation 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: first-class disability compensation base 16 times, second-class disability compensation base 14 times, third-class disability compensation base 12 times, fourth-class disability compensation base 10 times, fifth-class disability compensation base 8 times, sixth-class disability compensation base 6 times and seventh-class disability compensation base 6 times. 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.