Time limit for applying for work-related injury identification:

1, the employer shall apply within 30 days;

2. Workers need to apply within 1 year.

First, the factors affecting the efficiency of creditor's rights

1. Staffing of the insurance company on that day.

2. Whether the information provided by the informant is complete at the time of claim settlement.

3. Complexity of claims settlement events.

4. Relevant personnel of the contract

Second, the compensation standard of industrial injury insurance

(1) medical expenses

1. Workers with work-related injuries should go to medical institutions that have signed service agreements for medical treatment. In case of emergency, they can go to the nearest medical institution for first aid.

2, inductrial injury treatment costs in line with the industrial injury insurance diagnosis and treatment project directory, industrial injury insurance drugs directory, industrial injury insurance hospitalization service standards, paid from the industrial injury insurance fund.

3, inductrial injury worker treatment of non-work-related diseases, do not enjoy medical treatment of inductrial injury, in accordance with the basic medical insurance measures.

(2) Hospitalization food allowance

1, 70% of the company's business trip food subsidy standard will be paid to the hospital food subsidy.

2. The medical institution shall issue a certificate and report it to the agency for approval. If the injured worker goes to the outside of the overall planning area for medical treatment, the required transportation, accommodation and meals shall be reimbursed by the unit according to the employee's business trip standard.

(III) (Treatment during paid shutdown)

1. If an employee suffers from an accident or occupational disease at work and needs to suspend work for work-related injury medical treatment, the original treatment will remain unchanged during the paid suspension, and the original unit will pay him monthly.

2. The paid shutdown period generally does not exceed 12 months. If the injury is serious or special, it may be appropriately extended after being confirmed by the municipal labor ability appraisal committee with districts, but the extension period shall not exceed 12 months.

3, inductrial injury worker still need treatment after the expiration of the shutdown with pay, continue to enjoy medical treatment of inductrial injury.

(4) Nursing expenses

1, the work-related injury workers who can't take care of themselves and need care during the paid shutdown shall be responsible by their units.

2, inductrial injury worker identified by the committee of labor ability appraisal needs life care, from the industrial injury insurance fund to pay monthly life care fees.

Life care fees are paid according to three different levels: completely unable to take care of themselves, mostly unable to take care of themselves or partially unable to take care of themselves, and their standards are 50%, 40% or 30% of the average monthly salary of employees in the overall planning area respectively.

(five) the treatment enjoyed by employees who are disabled at work.

In the first case, if an employee is identified as a first-class or fourth-class disability due to work, he/she will retain his/her labor relations, quit his/her post and enjoy the following benefits:

1. Pay a one-time disability allowance from the industrial injury insurance fund according to the disability level. The standard is: 24 months' salary for first-class disability, 22 months' salary for second-class disability, 20 months' salary for third-class disability and 0/8 months' salary for fourth-class disability;

2. Pay the disability allowance monthly from the industrial injury insurance fund. The standard is: 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 standard, the industrial injury insurance fund will make up the difference;

3, inductrial injury worker reached retirement age and retirement formalities, stop disability allowance, enjoy the basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference.

If an employee is identified as one to four disabled due to work-related disability, the basic medical insurance premium shall be paid by the employer and individual employees on the basis of disability allowance.

In the second case, employees who are disabled due to work are identified as five or six levels of disability and enjoy the following treatment:

1. Pay a one-time disability allowance from the industrial injury insurance fund according to the disability level. The standard is: level 5 disability is my salary 16 months, and level 6 disability is my salary 14 months;

2. Maintain labor relations with the employer, and the employer will arrange appropriate work. If it is difficult to arrange a job, the employer will pay a monthly disability allowance. The standard is: level 5 disability is 70% of my salary, level 6 disability is 60% of my salary, and the employer shall pay the social insurance premium that should be paid according to 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 can terminate or terminate the labor relationship with the employer, and the employer will pay him a one-time medical subsidy for work-related injuries for 20 months, 18 months and a one-time disability employment subsidy for 35 months and 30 months 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.

In the third case, employees who are disabled at work are identified as Grade 7 and enjoy the following benefits:

1. Pay a one-time disability allowance from the industrial injury insurance fund according to the disability level. The criteria are: level 7 disability 12 months, level 8 disability 10 months, level 9 disability for 8 months and level 10 disability for 6 months;

2, the expiration of the termination, by the employer or the employee himself respectively according to the termination or when the overall regional average monthly salary as the base, pay my one-time medical subsidies for work-related injuries and one-time disability employment subsidies. The specific standards of medical subsidy for one-time work-related injury are: level 7 16 months, level 8 14 months, level 9 12 months, 10 months; The specific standards of one-time employment subsidy for the disabled are: grade 7, 25 months, grade 8, 20 months, grade 9 15 months, 10/0 months.

If the employee is diagnosed as an occupational disease, the one-time medical subsidy for work-related injury will be increased by 50% on the basis of the above standards.

Workers with work-related injuries who have been away from the statutory retirement age for more than 5 years shall be paid in full for the one-time work-related injury medical subsidy and one-time disability employment subsidy; If it is less than 5 years away from the statutory retirement age, the one-time disability employment subsidy will be reduced by 20% every year. If it is less than 1 year from the statutory retirement age, it will be paid at 10% of the total amount of one-time disability employment subsidy; Reach the statutory retirement age, do not pay a one-time medical subsidy for work-related injuries.

(6) For compensation for work-related death of employees, their immediate family members 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, the funeral subsidy is the average monthly salary of employees in the overall planning area for 6 months;

2, dependent relatives pension according to a certain proportion of the wages of employees to provide the main source of income, no ability to work-related death relatives. 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. The specific scope of supporting relatives shall be stipulated by the administrative department of labor security of the State Council;

3. The standard of one-time work death allowance is the average monthly salary of employees in the overall planning area from 48 months to 60 months. Specific standards shall be formulated by the people's government of the overall planning area according to the local economic and social development and submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record.

4. If a disabled employee dies of work-related injuries during the shutdown period, his immediate family members shall enjoy the treatment specified in the first paragraph of this article.

5, one to four disabled workers died after the expiration of the shutdown, their immediate family members can enjoy the first paragraph of this article (a) and (two) of the treatment.

(7) Compensation for illegal employment.

1. One-time compensation includes expenses and one-time compensation for employees who are injured or suffer from occupational diseases due to accidents or during treatment. The amount of one-time compensation shall be determined after the employee or child worker is injured by an accident or dies of occupational disease or after the labor ability appraisal.

2 labor ability appraisal 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.

3. The living expenses, medical expenses, nursing expenses, food subsidies during hospitalization, transportation expenses and other expenses incurred by employees or child laborers who are injured by accidents or suffer from occupational diseases shall be paid by the unit where the disabled employees or child laborers work in accordance with the standards and scope stipulated in the Regulations on Industrial Injury Insurance.

4. One-time disability compensation shall be paid according to the following standards: level 1 disability compensation base 16 times, level 2 disability compensation base 14 times, level 3 disability compensation base 12 times, level 4 disability compensation base 10 times, level 5 disability compensation base 8 times and level 6 disability compensation base 6 times.

5. In case of death due to accidental injury or occupational disease, one-time compensation shall be paid at 10 times of the compensation base.

6. The compensation base refers to the average annual salary of employees in the industrial injury insurance co-ordination area where the unit is located.

(8) Other circumstances.

1, disability allowance, pension for dependent relatives, and living nursing expenses shall be adjusted in a timely manner by the administrative department of labor and social security in the overall planning area according to the changes in the average wages and living expenses of employees. Measures for adjustment shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

2. If an employee goes out to work on business and has an accident or his whereabouts are unknown in emergency rescue and disaster relief, he will be paid wages within 3 months from the month of the accident and will stop paying wages from the fourth month. The industrial injury insurance fund will pay the pension for dependent relatives on a monthly basis. Life is difficult, you can advance 50% of the one-time work death subsidy. 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.

3, inductrial injury worker has one of the following circumstances, stop enjoying treatment of inductrial injury insurance:

Lose the conditions for enjoying treatment;

Refusing to accept the appraisal of labor ability;

Refuse treatment;

Sentenced to prison and executed.

4. If the employing unit is divided, merged or transferred, the successor unit shall bear the industrial injury insurance liability of the original employing unit; If the original employer has participated in work-related injury insurance, the successor unit shall go to the local agency to register the change of work-related injury insurance.

5. Where the employing unit carries out contracted operation, the responsibility for work-related injury insurance shall be borne by the unit where the employee's labor relations are located.

6. If an employee is injured by a work-related injury accident during the secondment period, the original employer shall bear the responsibility of work-related injury insurance, but the original employer and the seconded unit may agree on compensation measures.

7. If an enterprise goes bankrupt, it shall give priority to the industrial injury insurance benefits that the unit should pay according to law.

8. If employees are sent to work abroad and should participate in local industrial injury insurance according to the laws of the country or region where they go, their domestic industrial injury insurance relationship will be suspended; Can not participate in local industrial injury insurance, its domestic industrial injury insurance relationship is not suspended.

9. Employees who suffer work-related injuries again shall enjoy disability allowance according to the regulations, and shall enjoy disability allowance according to the newly recognized disability level.

10, and my salary refers to the average monthly payment salary of the employees who suffered from work-related injuries or occupational diseases 12 months ago. 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.

Legal basis:

Regulations on industrial injury insurance

Article 17 If an employee is injured by an accident or is diagnosed and identified as an occupational disease according to the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of the diagnosis and identification as an occupational disease, apply to the social insurance administrative department in the overall planning area for work-related injury identification.

Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended.

If the employing unit fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the employees with work-related injuries or their close relatives and trade unions may apply for work-related injury identification directly to the social insurance administrative department of the overall planning area where the employing unit is located within 1 year from the date of accident injury or occupational disease diagnosis and identification.

In accordance with the provisions of the first paragraph of this article, matters that should be identified by the provincial social insurance administrative department shall be handled by the municipal social insurance administrative department located in the district where the employer is located in accordance with the principle of territoriality.