How to get compensation for work-related injuries? Generally speaking, it is to notify the company, the company declares, the work-related injury appraisal and then settle the claim.
1, declaration
(1) The unit shall report the work-related injury to the Labor Bureau within 30 days after the accident, and apply for labor ability appraisal after having the work-related injury certificate, and then the work-related injury insurance institution shall make compensation.
(2) If the unit fails to declare within 30 days, the injured employee shall apply to the local labor bureau for work-related injury identification within one year after the accident, apply for labor ability appraisal after obtaining the work-related injury identification, and apply for compensation to the work-related injury insurance institution according to the disability level after the appraisal result.
2. If the unit fails to pay work-related injury insurance for employees, the unit shall make compensation according to the standards stipulated in the Regulations on Work-related Injury Insurance, and the procedures for applying for work-related injury identification and labor ability appraisal are the same as above.
3. Regarding the application for ascertainment of work-related injuries and the claim for compensation for work-related injuries: if negotiation fails, it can be applied for labor arbitration.
Second, how to calculate the compensation standard of industrial injury insurance
One to four disability treatment standards
(1) One-time disability allowance
1, first-class disability allowance = my salary ×27 months.
2. Secondary disability allowance = my salary ×25 months
3. Third-level disability allowance = my salary ×23 months.
4. Grade IV disability allowance = my salary ×2 1 month.
(two) enjoy the monthly disability allowance (monthly payment)
1, first-class disability allowance = my salary ×90%
2. Secondary disability allowance = my salary ×85%
3, three disability allowance = my salary ×80%
4, level 4 disability allowance = my salary ×75%
(Note: If the actual amount of disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference. )
Five or six levels of disability treatment standards
(1) One-time disability allowance
1, level 5 disability allowance = my salary × 18 months.
2. Grade VI disability allowance = my salary × 16 months.
(2) Disability allowance
1, level 5 disability allowance = my salary ×70%
2, level 6 disability allowance = my salary ×60%
(Note: If it is difficult for employees with work-related injuries to arrange work, the employer shall pay the disability allowance monthly. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference. )
Seven to ten levels of disability treatment standards
One-time disability allowance
1, level 7 disability = my salary × 13 months.
2. Grade 8 disability = my salary × 1 1 month.
3. Grade 9 disability = my salary ×9 months
4. Grade 10 disability = my salary ×7 months.
If the labor contract expires, or the employee himself proposes to terminate the labor contract, the work-related injury insurance fund will pay the one-time work-related injury medical subsidy, and the employer will pay the one-time disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. For example, Article 33 of the Measures for the Implementation of Industrial Injury Insurance in Hebei Province.
Treatment standard of work-related injury death
1, funeral subsidy = average monthly salary of employees in the overall planning area ×6 months.
2, a one-time work death grant = 20 times the per capita disposable income of urban residents last year.
3, support relatives pension standard
Spouse = employee salary ×40%, other relatives = employee salary ×30%. If a disabled employee dies at work during the period of paid suspension, his immediate family members shall enjoy the treatment stipulated in the first paragraph of this article. If a disabled worker of Grade 1 to Grade 4 dies after the expiration of unpaid leave, his immediate family members can enjoy the treatment stipulated in the first paragraph of this article.
Handling standards for accidents due to going out for work or missing in emergency rescue and disaster relief.
1. If an employee goes out to work on business and has an accident or his whereabouts are unknown during emergency rescue and disaster relief, he will be paid as usual within 3 months from the month of the accident.
2 from the fourth month to stop the payment of wages, by the industrial injury insurance fund to pay a monthly pension to support relatives.
3, life is difficult, you can advance 50% of the one-time death pension.
4. 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. What are the compensation items of industrial injury insurance?
1, general injury compensation (not up to disability)
Medical expenses, food subsidies for the injured during hospitalization, living care expenses, wages during work-related injuries, and transportation and accommodation expenses.
2. Disability compensation
Medical expenses, food subsidies, living nursing expenses, wages during work-related injuries, transportation and accommodation expenses, assistive devices, one-time disability allowance, one-time medical subsidy for work-related injuries, and one-time disability employment subsidy.
3. Compensation for death
Funeral subsidy, one-time casualty subsidy, and dependent relatives pension.
4. The employee's whereabouts are unknown.
Compensation items whose whereabouts are unknown when employees go out for emergency rescue or disaster relief should be determined according to different situations. If the employee is not declared dead, the compensation items available to his immediate family members include: pension for dependent relatives and 50% lump-sum death subsidy (in case of difficulties); When an employee is declared dead, the immediate family members can get insurance compensation items: funeral expenses, pensions for dependent relatives, and one-time subsidies for the death of employees.