The compensation standard for work-related injuries in Xi, also known as the treatment standard of work-related injury insurance, refers to the compensation items and standards that employees injured at work and their relatives who died at work should enjoy according to law. If the employees of the employing unit suffer from work-related injuries during the period when they did not participate in work-related injury insurance, the employing unit shall pay the fees according to the treatment items and standards of work-related injury insurance stipulated in the Regulations on Work-related Injury Insurance. According to the labor insurance data of 20 13 in the previous year, that is, 20 12, the compensation amount is calculated as the industrial injury compensation standard of 20 13.
Mainly refer to laws, regulations and rules.
Law: Social Insurance Law;
Administrative regulations: Regulations on Industrial Injury Insurance;
Regulations: Measures for the implementation of industrial injury insurance in all provinces and municipalities directly under the Central Government; Interim measures or notices for the implementation of industrial injury insurance for migrant workers in various provinces.
Specific compensation items and standards
(A) Xi industrial injury insurance medical expenses
1. Requirements: The expenses for the treatment of work-related injuries conform to the Catalogue of Work-related Injury Insurance Treatment Items, the Catalogue of Work-related Injury Insurance Drugs and the Hospitalization Service Standard of Work-related Injury Insurance.
2. Legal basis: Paragraph 3 of Article 30 of the Regulations on Industrial Injury Insurance.
3. Remarks: If the employer does not participate in work-related injury insurance, it is not necessary to go to a medical institution with a service agreement.
(II) Xi Industrial Injury Insurance Hospitalization Food Subsidy
1, standard: stipulated by the people's governments of all industrial injury insurance co-ordination areas.
2. Requirements: During hospitalization.
3. Legal basis: Paragraph 4 of Article 30 of the Regulations on Industrial Injury Insurance.
(3) Xi 'an industrial injury insurance transportation and accommodation.
1, standard: stipulated by the people's governments of all industrial injury insurance co-ordination areas.
2. Requirements: The medical institution shall issue a diagnosis certificate, and the handling institution shall agree that the injured workers shall seek medical treatment outside the overall planning area.
3. Legal basis: Paragraph 4 of Article 30 of the Regulations on Industrial Injury Insurance.
(4) Xi 'an industrial injury insurance rehabilitation treatment fee
1. standard: the expenses for treating work-related injuries are in line with the Catalogue of Work-related Injury Insurance Treatment Items, the Catalogue of Work-related Injury Insurance Drugs and the Hospitalization Service Standard of Work-related Injury Insurance.
2. Legal basis: Article 30 (6) of the Regulations on Industrial Injury Insurance.
3. Remarks: According to local regulations, rehabilitation treatment needs to be evaluated by experts organized by institutions.
(5) Xi 'an industrial injury insurance AIDS.
1. standard: standards for the quota of industrial injury AIDS in all provinces and municipalities directly under the central government.
2. Requirements: Artificial limbs, orthotics, artificial eyes, dentures, wheelchairs and other auxiliary devices are installed due to the needs of daily life or employment.
3. Legal basis: Article 3 1 of the Regulations on Industrial Injury Insurance.
(6) Xi 'an industrial injury insurance stops work with pay.
1, standard: the original salary and welfare are unchanged, and the unit will pay it monthly.
2. Requirements: Generally, the paid downtime shall 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. Workers with work-related injuries who still need treatment after the expiration of paid shutdown shall continue to enjoy medical treatment for work-related injuries.
3. Legal basis: Article 33 of the Regulations on Industrial Injury Insurance.
4. Remarks: The paid shutdown period is determined according to the diagnosis certificate of medical institutions and the classified catalogue of paid shutdown in various places, but the determined departments and procedures are in accordance with local regulations.
(VII) Xi Industrial Injury Insurance Nursing Fee
1, standard: (1) If care is needed during paid shutdown, the employer shall be responsible. (2) After assessment of disability, those who need nursing care and cannot take care of themselves completely shall be 50% of the average monthly salary of employees in the last year as a whole; Most people can't take care of themselves, and they should be co-ordinated according to 40% of the average monthly salary of ground workers; Some people can't take care of themselves, and plan as a whole 30% of the average monthly salary of ground workers;
2. Requirements: The living nursing fee is confirmed by the labor ability appraisal committee, and the injured workers enjoy it on a monthly basis.
3. Legal basis: Article 33, paragraph 3, and Article 34 of the Regulations on Industrial Injury Insurance.
(eight) Xi industrial injury insurance level 1 to level 4 disability benefits.
1. standard: one-time disability allowance: 27 months salary for first-class disability, 25 months salary for second-class disability, 23 months salary for third-class disability and 2 1 month salary for fourth-class disability; Enjoy monthly disability allowance: 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, make up the difference;
2. Requirements: Maintain labor relations and resign from work. 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 disability allowance, make up the difference. Employers and employees pay basic medical insurance premiums based on disability allowance.
3. Legal basis: Article 35 of the Regulations on Industrial Injury Insurance.
4. Remarks: My salary refers to the average monthly payment salary 12 months before work-related injury 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.
(nine) Xi industrial injury insurance level 5 and level 6 disability allowance.
1, standard: enjoy one-time disability allowance: my salary is level 5 disability 18 months, level 6 disability 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 will pay the disability allowance on a monthly basis. The five-level disability accounts for 70% of my salary, and the six-level disability accounts for 60% of my salary, and the employer will pay the social insurance premiums that should be paid according to the regulations.
2. Requirements: If the actual amount of disability allowance is lower than the local minimum wage, the employer will make up the difference. Upon the employee's own request, the employee may terminate or terminate the labor relationship with the employing unit, and the employing unit shall pay the one-time work-related injury medical subsidy and disability employment subsidy 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 (the specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government).
3. Legal basis: Article 36 of the Regulations on Industrial Injury Insurance.
4. Remarks: My salary refers to the average monthly payment salary 12 months before work-related injury 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.
(ten) Xi industrial injury insurance seven to ten levels of disability benefits.
1, standard: one-time disability allowance: level 7 disability 13 months salary, level 8 disability 1 1 month salary, level 9 disability 9 months salary, level 10 disability 7 months salary;
2. Requirements: If the labor contract expires, or the employee himself proposes to terminate the labor contract, the industrial injury insurance fund and the employer shall pay the one-time medical subsidy for work-related injuries and the one-time disability employment subsidy respectively (the specific standards shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government).
3. Legal basis: Article 37 of the Regulations on Industrial Injury Insurance.
4. Remarks: My salary refers to the average monthly payment salary 12 months before work-related injury 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.
(eleven) Xi city industrial injury death insurance treatment standard.
1, funeral allowance
Standard: The average monthly salary of employees in the overall planning area last year was 6 months.
2, Xi industrial injury insurance to support relatives pension
(1), according to a certain proportion of the employee's salary, to the relatives who provided the main source of livelihood and were unable to work before the employee died.
(2) Spouse 40%, other relatives 30%, old people or orphans 10%.
(3) The sum of the approved pensions for dependent relatives shall not be higher than the wages of employees who died at work.
3, Xi industrial injury insurance to support relatives:
(1), employee's spouse, children, parents, grandparents, grandparents, grandchildren, grandchildren, brothers and sisters.
(2) Children, including children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency, in which children born in wedlock and children born out of wedlock include posthumous children;
(3), parents, including biological parents, adoptive parents and step-parents with dependency;
(4) Brothers and sisters, including brothers and sisters of the same parents, half-brothers, half-brothers, and stepbrothers and sisters who are dependent.
4.Xi 'an Industrial Injury Insurance Conditions for Applying for Supporting Relatives' Pension
Relying on the workers who died at work to provide their main source of livelihood before their death, and having one of the following circumstances: (1) completely losing their ability to work; (2) The spouse of the deceased employee has reached the age of 60 for men and 55 for women; (3) The parents of the deceased employee, male over 60 years old and female over 55 years old; (4) The children of the deceased employees are under the age of 18; (five) the parents of the deceased employee have died, and the grandfather has reached the age of 60 and the grandmother has reached the age of 55; (six) the children of the deceased employees have died or completely lost their ability to work, and their grandchildren are under the age of 18; (7) The parents of the deceased employees have died or completely lost their ability to work, and their brothers and sisters are under the age of 18.
5. Xi industrial injury insurance stops enjoying pension benefits.
(1), at least 18 years old, and has not completely lost the ability to work;
(2), employment or joining the army;
(3) The spouse of the deceased employee remarries;
(4) Being adopted by others or organizations;
(5), dead.
6. Xi 'an Industrial Injury Insurance shall support it when determining whether it is eligible.
If an employee dies at work, the qualification of his dependent relatives to enjoy pension benefits shall be verified according to the conditions when the employee dies at work.
7.Xi one-time industrial injury insurance subsidy
(1), standard: 20 times the per capita disposable income of urban residents in the previous year.
Last year, the per capita disposable income of urban residents was 28,844 yuan. ) 28844 yuan *20 times =576880 yuan.
(2) Requirements: First, the immediate family members of disabled employees who died at work during the period of unpaid leave shall enjoy the funeral allowance, dependent relatives' pension and one-time work-related death allowance stipulated in the first paragraph of this article; Two, one to four disabled workers died after the expiration of the suspension of work, you can enjoy the funeral subsidy in the first paragraph (a) of this article and the pension for dependent relatives as stipulated in the second paragraph.
Attachment: Compensation Standard for Work-related Death
(twelve) treatment standards for work-related injuries or accidents or missing in emergency rescue and disaster relief.
1. If the employee goes out to work on business and has an accident or his whereabouts are unknown during emergency rescue and disaster relief, he shall pay his salary 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.
Special recommendation for the rights protection of workers with work-related injuries: read the Measures for the Identification of Work-related Injuries.