1. If the employee receives work-related injury medical treatment during the period of shutdown with pay, the original salary and welfare benefits will remain unchanged, which will be paid by the employer on a monthly basis;
2, from the industrial injury insurance fund to pay a one-time disability allowance for 9 months of my salary;
3, the labor ability appraisal fee paid by the industrial injury insurance fund;
4. When the labor is dissolved or terminated, according to my salary when the labor contract is dissolved or terminated, the industrial injury insurance fund will pay a one-time medical subsidy for work-related injuries for 2 months, and the employer will pay a one-time disability employment subsidy for 8 months.
If the employer fails to participate in work-related injury insurance, the employer shall pay all the expenses.
My salary refers to the average monthly payment salary of the injured workers before 12 months due to work-related accidents or occupational diseases. 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.
regulation on work related injury insurance
Thirty-fourth employees who are disabled due to work are identified as seven to ten levels of disability, and a one-time disability subsidy is paid by the industrial injury insurance fund. The standard is: 13 months salary for level 7 disability, 1 1 month salary for level 8 disability, 9 months salary for level 9 disability and 7 months salary for level 10 disability.
Seven to ten disabled workers terminate or terminate the labor relationship with the employer in accordance with the law, and the work-related injury insurance fund pays a one-time work-related injury medical subsidy, and the employer pays a one-time disability employment subsidy, and the work-related injury insurance relationship is terminated:
(a) a one-time medical subsidy for work-related injuries. The standard is: seven-level disability is my six-month salary, eight-level disability is my four-month salary, nine-level disability is my two-month salary, and ten-level disability is my one-month salary.
(two) a one-time disability employment subsidy. The criteria are: level 7 disability is my salary for 25 months, level 8 disability is my salary for 15 months, level 9 disability is my salary for 8 months, and level 10 disability is my salary for 4 months.
the Supreme People's Court
Provisions on Several Issues Concerning the Trial of Administrative Cases of Industrial Injury Insurance
Fa Shi [2065438+04] No.9
Article 8 If an employee is injured due to a third party, and the social insurance administrative department decides not to accept the application for work-related injury identification or not to identify the work-related injury on the grounds that the employee or his close relatives file a civil lawsuit against the third party or obtain civil compensation, the people's court will not support it.
If an employee is injured due to a third party, and the social insurance administrative department has made a work-related injury determination, but the employee or his close relatives have not filed a civil lawsuit against the third party or have not obtained civil compensation, and the lawsuit requests the social insurance agency to pay the work-related injury insurance benefits, the people's court shall support it.
If an employee suffers from work-related injuries due to a third party, and the social insurance agency refuses to pay work-related injury insurance benefits on the grounds that the employee or his close relatives file a civil lawsuit against the third party, the people's court will not support it, except for the medical expenses already paid by the third party.