Compensation standard for work-related injury and work-related injury death
According to the latest data released by the National Bureau of Statistics, in 2020, the standard of one-time work-related death allowance will be adjusted to 42,359 yuan ×20 = 847 180 yuan.
Legal basis:
Articles 35, 36, 37 and 39 of the Regulations on Industrial Injury Insurance.
Calculation of compensation: (as follows)
Compensation standard 1
1- 10 one-time disability allowance
According to the provisions of Article 35, Article 36 and Article 37 of the Regulations on Work-related Injury Insurance, if an employee's work-related disability is identified as level 1 to level 10 disability, a one-time disability subsidy will be paid by the work-related injury insurance fund. The criteria are as follows:
First-degree disability: my salary × 27;
Secondary disability: my salary is × 25;
Third-degree disability: my salary × 23;
Grade 4 disability: my salary is × 21;
Grade 5 disability: my salary is ×18;
Grade 6 disability: my salary is ×16;
Grade 7 disability: my salary is ×13;
Grade 8 disability: my salary is ×11;
Grade 9 disability: my salary is × 9;
Grade 10 disability: my salary is ×7.
Compensation standard 2
1-6 Disability Allowance (monthly)
According to the provisions of Articles 35 and 36 of the Regulations on Work-related Injury Insurance, if an employee is identified as a level 1 to level 6 disability due to work-related disability, the disability allowance will be paid monthly. The criteria are as follows:
First-degree disability: my salary × 90%;
Secondary disability: my salary × 85%;
Third-degree disability: my salary × 80%;
Grade 4 disability: my salary × 75%;
Grade 5 disability: my salary × 70%;
Grade 6 disability: my salary ×60%.
Description:
1) 1-4 The disability allowance shall be paid by the industrial injury insurance fund. If it is actually lower than the local minimum wage, the industrial injury insurance fund will make up the difference.
2) Grade 5-6 disability allowance shall be paid by the employer in case it is difficult to arrange work. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.
3) My salary: refers to the average monthly payment salary of the injured worker 12 months before he suffers from an accident 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 (the same below).
Compensation standard 3
Level 5-10 One-time work-related injury medical subsidy and disability employment subsidy
1) One-time medical subsidy for work-related injuries: paid by the work-related injury insurance fund;
2) One-time disability employment subsidy: paid by the employer;
The above two gold standards are determined according to the level of disability. The Regulations on Industrial Injury Insurance does not stipulate uniform standards, but the specific standards are authorized by the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government. You can refer to the Regulations on Industrial Injury Insurance or the measures for industrial injury insurance in various provinces.
Compensation standard 4
Paid during downtime.
During the paid shutdown, the original wages and benefits will remain unchanged and will be paid by the unit on a monthly basis. The paid shutdown period generally does 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.
Note: In practice, the mainstream practice is to determine according to the average salary of 12 months before work injury.
Compensation standard 5
Nursing during paid downtime
Workers with work-related injuries who can't take care of themselves need care during the paid shutdown period, and their units are responsible for it.
If the unit does not arrange nursing, the nursing fee shall be paid by the unit.
Compensation standard 6
Nursing expenses after disability assessment
Workers with work-related injuries who have been assessed as disabled and confirmed by the labor ability appraisal committee need life care shall be paid by the work-related injury insurance fund on a monthly basis.
Life can't take care of itself at all: social salary × 50%;
Most people can't take care of themselves: social wage × 40%;
Part of life can't take care of itself: social salary ×30%.
Compensation standard 7
Hospitalization food allowance, transportation expenses, room and board expenses
Food subsidies for hospitalization of workers with work-related injuries, and certificates issued by medical institutions and approved by agencies. The transportation and accommodation expenses required for workers with work-related injuries to seek medical treatment outside the overall planning area shall be paid by the work-related injury insurance fund, and the specific standards for fund payment shall be stipulated by the people's government of the overall planning area.
Compensation standard 8
fee-for-service
If the expenses required for work-related injury treatment meet 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, they shall be paid from the work-related injury insurance fund.
Medical expenses beyond the catalogue and service standards shall be borne by the employer. At present, local practices are different, and the practice in most areas is that employers do not bear it.
Compensation standard 9
Industrial injury rehabilitation fee
The expenses for work-related injury rehabilitation treatment for workers with work-related injuries to medical institutions that have signed service agreements shall be paid by the work-related injury insurance fund if they meet the requirements.
Compensation standard 10
ancillary equipment
Workers with work-related injuries may install artificial limbs, orthotics, artificial eyes, dentures and wheelchairs and other auxiliary devices due to their daily life or employment needs, and the required expenses shall be paid from the work-related injury insurance fund according to the standards stipulated by the state. It should be noted that assistive devices should generally be limited to the needs of assisting daily life and productive labor, and adopt products popular in the domestic market. Workers with work-related injuries choose other types of products, and the cost is higher than the popular part, which is paid by individuals.
Compensation standard eleven
Treatment of recurrence of work-related injuries
Workers with work-related injuries who need treatment for the recurrence of work-related injuries are entitled to work-related injury medical expenses, assistive devices fees and wages during shutdown.
Compensation standard 12
Treatment standard of work-related injury death
According to the provisions of Article 39 of the Regulations on Work-related Injury Insurance, if an employee dies at work, his close relatives shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the work-related injury insurance fund in accordance with the following provisions:
1, funeral allowance: local social wage × 6;
2. Dependent relatives pension: paid to the relatives of the deceased employees who were unable to work and provided the main source of livelihood according to a certain proportion of their wages. The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work;
Formula: spouse: the salary of the deceased ×40% (paid monthly);
Other relatives: the salary of the deceased ×30% (per person per month);
Lonely elderly or orphans: increase by10% on the basis of the above standards;
At the time of approval, the sum of the above pensions shall be ≤ the monthly salary of employees (calculated on a monthly basis).
3. One-time work death allowance: the standard is 20 times of the per capita disposable income of urban residents in the previous year.
According to the latest data released by the National Bureau of Statistics, in 2020, the standard of one-time work-related death allowance will be adjusted to 42,359 yuan ×20 = 847 180 yuan.
Due to the unified implementation of the Regulations on Work-related Injury Insurance in the whole country, regardless of whether it is located in the east and west or economically developed and backward, the national unified standard for one-time work-related death benefits in 2020 is 847 180 yuan.
What is the compensation standard for the deceased in site 20202? If a person dies at work, he can enjoy a one-time compensation for work-related injury death allowance, but this fee can only be collected by his family members. If he has received a one-time work-related death allowance, he can't receive it any more, because it is a one-time one, and the general national standard is about 620,000.