Legal subjectivity:
Compensation standard for work-related injuries and disabilities of Grade I, Grade I and Grade IV (Note: Units with Grade I and Grade IV disabilities cannot terminate their labor relations with workers). If an employee is identified as having a work-related disability of Grade I to Grade IV, he/she will retain his/her labor relations and quit his/her post, and enjoy the following benefits: (1) Pay a one-time disability subsidy from the work-related injury insurance fund according to the disability level, with the standard as follows: I/she has been disabled for 27 months. (2) Pay the disability allowance from the industrial injury insurance fund on a monthly basis. The standards are: 9% of my salary for first-class disability, 85% for second-class disability, 8% for third-class disability and 75% for fourth-class 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) After the workers with work-related injuries reach retirement age and go through retirement formalities, they will stop issuing disability allowance and enjoy basic old-age insurance benefits in accordance with relevant state regulations. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference. Workers who are disabled due to work are identified as one to four levels of disability, and the employer and individual employees pay the basic medical insurance premium based on disability allowance. 2. Compensation standards for work-related injuries and disabilities from Grade 5 to Grade 1 1. Employees who are identified as Grade 5 or Grade 6 disabled due to work-related injuries shall enjoy the following benefits: (1) Pay a one-time disability subsidy from the work-related injury insurance fund according to the level of disability. The standard is: Grade 5 disability is my salary for 18 months, and Grade 6 disability is my salary for 16 months; (two) to retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange a job, the employer will pay a monthly disability allowance. The standard is: 7% of my salary for level 5 disability and 6% of my salary for level 6 disability, and the employer will pay the social insurance premiums that should be paid for it 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 work-related injury insurance fund will pay the one-time medical subsidy for work-related injuries, and the employer will pay the one-time disability employment subsidy. The specific standards of one-time medical subsidy for work-related injuries and one-time disability employment subsidy shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. (1) Pay a one-time disability subsidy from the industrial injury insurance fund according to the disability level, with the standards as follows: level 7 disability is my salary for 13 months, level 8 disability is my salary for 11 months, level 9 disability is my salary for 9 months, and level 1 disability is my salary for 7 months; (two) the labor and employment contract expires, or the employee himself proposes to terminate the labor and employment contract, and the work injury insurance fund pays a one-time work-related injury medical subsidy, and the employer pays a one-time disability employment subsidy. The specific standards of one-time medical subsidy for work-related injuries and one-time disability employment subsidy shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Legal objectivity:
Compensation standard for work-related injuries, also known as treatment standard of work-related injury insurance. Refers to the compensation items and standards that employees who are injured at work and relatives of employees who have died in work should enjoy according to law. If an employee of an employer suffers from work-related injury during the period of not participating in work-related injury insurance, the employer shall pay the expenses according to the treatment items and standards of work-related injury insurance stipulated in the Regulations on Work-related Injury Insurance. National compensation standards for work-related injuries in 222: 1. Medical expenses 1. If the expenses required for the treatment of work-related injuries meet the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standards of work-related injury insurance, they shall be paid from the work-related injury insurance fund. 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 shall be stipulated by the administrative department of labor and social security of the State Council in conjunction with the administrative department of health and the drug supervision and administration department of the State Council. 2, agencies and medical institutions, auxiliary equipment configuration institutions signed a service agreement on the basis of equal consultation, and announced the list of medical institutions and auxiliary equipment configuration institutions signed a service agreement. The specific measures shall be formulated by the administrative department of labor security of the State Council in conjunction with the administrative department of health and the civil affairs department of the State Council respectively. 3, agencies in accordance with the agreement and the relevant national directory, standard of inductrial injury worker medical expenses, rehabilitation expenses, the use of assistive devices for verification, and timely and full settlement of expenses. 4. There are preconditions for the victim to get compensation for medical expenses of work-related injuries, that is, except for emergencies, employees should seek medical treatment in medical institutions that have signed service agreements, and all the expenses should 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. After meeting the above conditions, the victim can get compensation for medical expenses. Second, when making compensation for rehabilitation expenses, if the patient's body has not recovered and it is really necessary to continue treatment, the expenses that will inevitably occur can be determined according to the medical certificate or appraisal conclusion, and the compensation can be made together with the medical expenses that have already occurred. The obligee can sue separately for the rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses necessary for organ function recovery training after the injury is fixed after treatment, or the injury has not recovered. If the victim is treated in a rehabilitation hospital, the compensation for his medical expenses should be handled according to different situations: 1. The victim should be treated in an ordinary hospital when he is treated with an injury. If a rehabilitation hospital is not necessary for the treatment of an injury, the compensation for medical expenses shall be calculated according to the charging standard of ordinary hospitals for the treatment of the same injury. 2. After being treated in an ordinary hospital, he is transferred to a rehabilitation hospital for further treatment with the approval of the treatment hospital, and it is really necessary to treat the injury. The medical expenses shall be calculated according to the charging standard of the rehabilitation hospital formulated by the state. After treatment, the injury is stable, but it is still necessary to continue rehabilitation, symptomatic treatment, etc., and the certificate issued by the medical institution at or above the county level can be treated in the medical institution or outpatient clinic below the county level. Third, food subsidies 1. It is really necessary for the victim to go to other places for treatment. Due to objective reasons, he cannot be hospitalized, and a reasonable part of the accommodation and food expenses actually incurred by the victim himself and his accompanying staff should be compensated. 2. In principle, the compensation period of food allowance is the hospitalization period, that is, the specific food allowance can be obtained by calculating the number of days of food allowance according to the victim's hospitalization period and multiplying it by the daily standard of the general staff of local state organs. Fourth, transportation and accommodation expenses 1. About the transportation expenses of doctors' visits. If the doctor visits the victim, if the transportation fee for the visit has been included in the medical expenses, the victim will get compensation from the medical expenses and need not be included in the transportation fee. If it is not included in the visit fee, but is paid separately by the victim, the expenditure shall be compensated according to the transportation fee. 2. About the expenses for the victims or their accompanying persons to use private cars. If you use a private car as a means of transportation when going to the hospital for treatment or transfer, you should compensate your normal and actual expenses, such as corresponding and reasonable fuel costs, parking fees, tolls, etc. 3. Calculation standard of transportation fee. In practice, it is generally believed that transportation expenses should be paid according to the standard of travel expenses for ordinary staff of state organs in the place where the infringement occurred. However, we should also master it flexibly according to the actual situation of the victims and the actual needs of treatment. 1. The means of transportation are mainly ordinary public cars. Under special circumstances, you can take ambulances, taxis, etc., but the victim should explain the rationality of the use. 2, take the train, should give priority to with ordinary hard seat train, special circumstances, need to take a soft seat, sleeper, should also be allowed, but the victim shall explain its rationality. 3. In case of emergency, you should also be allowed to fly, and the victim should also explain its legitimate reasons. V. Nursing expenses If the injured worker has assessed the disability level and is confirmed by the labor ability appraisal committee to need life nursing, the life nursing expenses shall be paid monthly from the work injury insurance fund. Life care fees are paid according to three different levels: life can't take care of itself at all, most of life can't take care of itself, or part of life can't take care of itself. The standards are .5, .4 or .3 of the average monthly salary of employees in the overall planning area. VI. Wage during the period of shutdown with pay 1. If you have worked in this unit for 12 months before the work-related injury, your original salary standard shall be calculated according to the average monthly salary (including basic salary, bonus, subsidy and overtime pay) that should be paid in the 12 months before the work-related injury; 2. If the employee has worked in this unit for less than 12 months before the work-related injury, the original salary standard shall be calculated according to the average monthly salary of the actual working months before the work-related injury. 3. If the employee has worked for less than one month before the work-related injury, the original salary standard shall be calculated according to the monthly salary agreed in the contract; If the original salary amount has not been agreed upon or cannot be determined, the original salary standard shall be calculated at no less than .6 of the average monthly salary of employees in this Municipality in the previous year. Vii. Expenses for assistive devices Injured workers may install artificial limbs, orthotics, artificial eyes, dentures and wheelchairs and other assistive devices due to their daily life or employment needs, and the required expenses shall be paid from the industrial injury insurance fund according to the standards stipulated by the state. Eight, a one-time disability allowance 1, the actual amount of disability allowance is lower than the local minimum wage, make up the difference; Retain labor relations and quit work. Workers with work-related injuries who have reached retirement age and gone 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. 2, my salary, refers to the average monthly payment salary for the first 12 months of work-related injuries or occupational diseases. If my salary is higher than 3 of the average wage of employees in the overall planning area, it shall be calculated according to 3 of the average wage of employees in the overall planning area; If my salary is lower than the average wage of employees in the overall planning area of .6, it shall be calculated according to the average wage of employees in the overall planning area of .6. Nine, the labor relationship between the disability allowance and the employer shall be retained, and the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall issue a monthly disability allowance, and the employer shall pay the social insurance premiums payable for it 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.