Need to apply to the local labor ability appraisal committee for work-related injury appraisal, determine the level of work-related injury, and make compensation according to the following compensation standards.
The compensation standards for work-related injuries are as follows:
First-class industrial injury compensation standard
Keep labor relations and quit your job. Note: If you don't resign, you will continue to enjoy your original salary. Pay a one-time disability allowance from the industrial injury insurance fund, and the standard is my 24-month salary.
Disability allowance is paid by the industrial injury insurance fund on a monthly basis, and the standard is 90% of the salary. If the actual amount of disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference.
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 wage standard, the industrial injury insurance fund will make up the difference.
Second-class industrial injury compensation standard
Keep labor relations and quit your job. Note: If you don't resign, you will continue to enjoy your original salary.
Pay a one-time disability allowance from the industrial injury insurance fund, and the standard is my 22-month salary.
The disability allowance is paid monthly from the industrial injury insurance fund, and the standard is 85% of the salary. If the actual amount of disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference.
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 wage standard, the industrial injury insurance fund will make up the difference.
Three-level industrial injury compensation standard
Keep labor relations and quit your job. Note: If you don't resign, you will continue to enjoy your original salary.
Pay a one-time disability allowance from the industrial injury insurance fund, and the standard is my 20-month salary.
The disability allowance is paid monthly from the industrial injury insurance fund, and the standard is 80% of the salary. If the actual amount of disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference.
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 wage standard, the industrial injury insurance fund will make up the difference.
Four-level industrial injury compensation standard
Keep labor relations and quit your job. Note: If you don't resign, you will continue to enjoy your original salary.
Pay a one-time disability allowance from the industrial injury insurance fund, and the standard is my salary 18 months.
The monthly disability allowance paid by the industrial injury insurance fund is 75% of the salary. If the actual amount of disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference.
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 wage standard, the industrial injury insurance fund will make up the difference.
Five-level industrial injury compensation standard
A one-time disability allowance is paid by the industrial injury insurance fund according to the disability level, and the standard is 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 shall pay the disability allowance on a monthly basis, with the standard of 70% of his salary, and the employer shall pay the social insurance premiums payable for him in accordance with 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 employer shall pay the one-time medical subsidy for work-related injuries and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Six-level industrial injury compensation standard
A one-time disability allowance is paid by the industrial injury insurance fund according to the disability level, and the standard is my salary 14 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 shall pay the disability allowance on a monthly basis, with the standard of 60% of his salary, and the employer shall pay the social insurance premium payable for him in accordance with 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 employer shall pay the one-time medical subsidy for work-related injuries and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Seven-level industrial injury compensation standard
A one-time disability allowance is paid by the industrial injury insurance fund according to the disability level, and the standard is my salary 12 months.
If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Eight-level industrial injury compensation standard
One-time disability allowance is paid by the industrial injury insurance fund according to the disability level, and the standard is 10 month's salary.
If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Nine-level industrial injury compensation standard
From the work-related injury insurance fund, a one-time disability allowance is paid according to the disability level, and the standard is my 8-month salary.
If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Ten-level industrial injury compensation standard
From the work-related injury insurance fund, a one-time disability allowance is paid according to the disability level, and the standard is my 6-month salary.
If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
There are three steps in the process of work-related injury identification, namely, work-related injury identification, labor ability identification and the treatment and relief channels that workers should enjoy. An application for ascertainment of a work-related injury may be made by the employer, or by the employee or his immediate family members or the trade union. For different applicants, the application order is different.
The employing unit shall file a complaint within 30 days from the date of the accident or the date of diagnosis and identification as an occupational disease. Under special circumstances, with the consent of the labor and social security department, it may be appropriately extended. If the employer fails to apply for work-related injury identification in accordance with the above provisions, the workers or their immediate family members and trade unions may apply. However, the filing time shall not exceed one year from the date of the accident or the date of diagnosis and identification as an occupational disease.