I. Medical expenses

1. 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. 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 jointly with the administrative department of health and the civil affairs department of the State Council.

3, agencies in accordance with the agreement and the relevant national directory, standard of inductrial injury worker medical expenses, rehabilitation costs, the use of assistive devices for verification, and timely and full settlement costs.

4. It is a prerequisite for the victim to obtain 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 expenses should conform to 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, food subsidies.

1. It is really necessary for the victim to go to other places for treatment. If the victim and his entourage cannot be hospitalized for objective reasons, a reasonable part of the actual accommodation expenses incurred by the victim and his entourage shall be compensated.

2. In principle, the compensation period of food allowance is the hospitalization period, that is, the number of days of food allowance is calculated according to the victim's hospitalization period and multiplied by the daily standard of the general staff of the local state organs, and the specific food allowance can be obtained.

Three. Pay during paid shutdown.

1. If the employee has worked in this unit for full 12 months before the work injury, the original salary standard shall be calculated according to the monthly average salary (including basic salary, bonus, subsidy and overtime) of the salary payable for 12 months before the work injury;

2. If the employee has been working in this unit for less than 12 months before the work-related injury, the original salary standard shall be calculated according to the actual monthly average salary before the work-related injury.

3. If the employee's work before the work injury is less than 1 month, the original salary standard shall be calculated according to the monthly salary agreed in the contract; If the original salary is not agreed upon or cannot be determined, the original salary standard shall be calculated at not less than 60% of the average monthly salary of employees in this Municipality in the previous year.

Fourth, the cost of nursing.

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 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.

Verb (abbreviation of verb) one-time disability allowance

1. If the actual amount of disability allowance is lower than the local minimum wage, make up the difference; Keep labor relations and quit your job. 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.

2. My salary refers to the average monthly payment salary of the injured workers 12 months before they suffer from accidents or occupational diseases. 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.

Disability allowance for intransitive verbs

Retain the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange the 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.

Seven, a one-time work-related injury Medicaid

The standard of medical subsidy for one-time work-related injury is 6- 16 months, and the average monthly salary of employees in the overall planning area in the previous year, including five 16 months, six 14 months, seven 12 months, eight 10 months and nine-8 months.

Eight, a one-time disability employment subsidy

1. The standard of one-time employment subsidy for the disabled is 6-56 months, and the average monthly salary of employees in the last year in the overall planning area, including 56 months for grade 5, 46 months for grade 6, 36 months for grade 7, 26 months for grade 8, 0/6 months for grade 9/kloc, and 6 months for grade 10.

2, the termination or termination of labor relations of injured workers, from the statutory retirement age of more than 5 years, a one-time disability employment subsidies paid in full; From the statutory retirement age of more than 4 years, less than 5 years, a one-time disability employment subsidies paid by 80% of the total; By analogy, it will be reduced by 20% every 1 year. If the retirement age is less than 1 year, it will be calculated as 10%.

Legal basis:

Detailed Rules for the Implementation of Regulations on Industrial Injury Insurance in Henan Province

Article 21 If an employee suffers from an accident or occupational disease due to work, and the administrative department of labor security has not yet made a conclusion on the determination of work-related injuries, the employer shall pay the treatment expenses in advance. After being recognized as a work-related injury or regarded as a work-related injury by the administrative department of labor and social security, the employing unit shall declare and settle with the agency; Those who have not participated in work-related injury insurance shall be paid by the employer in accordance with the relevant provisions of work-related injury insurance.

Article 22 The employing unit contracts out, subcontracts or subcontracts its business to an organization or individual that does not have the qualification of employing the main body. If a worker recruited by an organization or individual who does not have the qualification of employment subject suffers from accidental injury or occupational disease due to work reasons, the employer shall bear the responsibility of work-related injury insurance.

Where employees are employed by more than two employers at the same time, each employer shall pay work-related injury insurance premiums for employees respectively. If an employee is injured at work, the employer who works for the employee shall bear the responsibility of work-related injury insurance according to law.

Twenty-third workers injured in work-related injuries who have been assessed as disabled and confirmed by the labor ability appraisal committee need life care shall be paid monthly. The standard is calculated according to the average monthly salary of employees in the overall planning area when the nursing appraisal conclusion is made.

Twenty-fourth employees who are disabled at work are identified as one to four levels of disability, and the employer and individual employees shall pay the basic old-age insurance and basic medical insurance premiums on the basis of disability allowance until the normal retirement age. After deducting the social insurance premiums paid by individuals, if the disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference.

One to four migrant workers with work-related injuries can choose to enjoy work-related injury insurance benefits at one time or for a long time. The specific measures for one-time enjoyment of industrial injury insurance benefits shall be formulated separately by the provincial people's government.

Article 25 If an employee's work-related disability is identified as level 5 or level 6 disability, according to the provisions of Article 34 of the State Council's Regulations on Work-related Injury Insurance, the employee shall retain the labor relationship with the employer, and the employer shall arrange appropriate work for him. If the laborer is not competent for the work arranged by the employer or the employer is unable to arrange the work, the employer shall pay the disability allowance on a monthly basis and pay various social insurance premiums for him according to the provisions of the disability allowance. After deducting various social insurance premiums paid by individuals, if the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.

Article 26. If an employee's work-related disability is identified as level 5 to level 10 disability, and his salary is reduced due to disability after returning to work, the employer shall pay him on-the-job disability allowance, and the standard is to reduce his salary by 70%. When promoted, the on-the-job disability allowance is retained.

Article 27. Five to ten injured workers in accordance with the provisions of Article 34 and Article 35 of the Regulations on Work-related Injury Insurance of the State Council and the employer to terminate or terminate the labor relationship, the one-time work-related injury medical subsidy and disability employment subsidy shall be calculated according to the average monthly salary of employees in the overall area when the labor relationship is terminated or terminated. The standards are: one-time medical subsidy for work-related injuries of grade 5 16 months, grade 6 14 months, grade 7 12 months, grade 8 10 months, grade 9/8 months, and grade 10. One-time employment subsidy for the disabled, 56 months for grade 5, 46 months for grade 6, 36 months for grade 7, 26 months for grade 8, 0/6 months for grade 9/kloc and 6 months for grade 10. For employees suffering from occupational diseases, the one-time medical subsidy for work-related injuries will be increased by 30% on the basis of the above standards.

Workers who receive one-time work-related injury medical subsidies and disability employment subsidies shall have their work-related injury insurance relationships terminated at the same time. Workers with work-related injuries are more than five years away from the normal retirement age, and the one-time disability employment subsidy is paid in full; Less than five years from the normal retirement age, one-time disability employment subsidy will be reduced by 20% for each year of reduction; Less than one year from the normal retirement age, it will be paid at 10%.

Persons who enjoy one-time medical subsidies for work-related injuries and disability employment subsidies shall not reduce the benefits they should enjoy in accordance with unemployment insurance regulations and the economic compensation they should enjoy in accordance with relevant regulations.

Twenty-eighth injured workers after retirement procedures, continue to enjoy the treatment of work-related injuries, living care costs, auxiliary equipment installation and so on. Those who have participated in industrial injury insurance before retirement shall be paid by the industrial injury insurance fund; Those who did not participate in work-related injury insurance before retirement shall be paid by the original employer.

Twenty-ninth workers died at work, the standard of one-time work-related death subsidy is 54 months of the average monthly salary of employees in the last year. Belong to the rescue and disaster relief, issued for 60 months.

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.

Thirtieth one-time disability allowance, funeral allowance and one-time work-related death allowance shall be paid within the next month from the date of application. Long-term benefits such as disability allowance and living care fee shall be paid from the next month after the conclusion of labor ability appraisal is made. The pension for dependent relatives shall be paid from the month following the employee's death.

If the appraisal conclusion of injured workers changes after re-appraisal, they shall enjoy the corresponding treatment according to the re-appraisal conclusion, and the starting time for enjoying the treatment is the second month of the original appraisal time. If the appraisal conclusion of injured workers changes, they will enjoy relevant treatment according to the appraisal conclusion from the next month, but the one-time disability allowance will not be adjusted.

Article 31 The disability allowance, pension for dependent relatives and living nursing expenses shall be adjusted by the administrative department of labor and social security in the overall planning area according to the changes of the average salary and living expenses of employees, and shall be implemented after being reported to the provincial administrative department of labor and social security for approval.

Thirty-second employees who go out for work or whose whereabouts are unknown during emergency rescue and disaster relief shall be paid wages within three months from the month of the accident, and wages shall be stopped from the fourth month. The industrial injury insurance fund shall pay pensions to its dependent relatives on a monthly basis. Life is difficult, you can advance 50% of the one-time work death subsidy. If an employee reappears, the pension for supporting relatives will be stopped from the next month, and a one-time subsidy for the death of the employee will be refunded.

Thirty-third because the employer to pay work-related injury insurance base is not true, resulting in a reduction in work-related injury insurance benefits, the employer shall bear the responsibility and pay the difference.

Thirty-fourth workers with work-related injuries enjoy work-related injury insurance benefits according to the work-related injury determination decision and the conclusion of labor ability appraisal.

The dependent relatives of workers with work-related injuries enjoy the treatment of work-related injury insurance on the basis of the work-related injury identification decision, the conclusion of labor ability appraisal, the identity certificate of dependent relatives issued by the public security household registration management institution, the certificate of no source of income issued by the subdistrict office or the township people's government, the certificate of widowed old people or orphans issued by the civil affairs department, the notarial certificate of adopted children (adoptive parents) and other related materials.

Article 35 Where the employing unit is dissolved or bankrupt, priority shall be given to paying the ten-year work-related injury insurance benefits in one lump sum according to the per capita work-related injury insurance benefits in the last year in the overall planning area, and the agency shall be responsible for paying the project benefits from the work-related injury insurance fund for the first to fourth-grade work-related injuries, those who enjoy the pension for their relatives and retired work-related injuries; Workers with work-related injuries who have not reached the retirement age of five to ten shall, when liquidating their property, give priority to paying one-time medical subsidies for work-related injuries and disability employment subsidies in accordance with the standards stipulated in Article 27 of these regulations.

Article 36 If an employee is sent to work abroad and should take part in local industrial injury insurance according to the laws of the country or region where he goes, he should take part in local industrial injury insurance, and his domestic industrial injury insurance relationship is terminated; Can not participate in local industrial injury insurance, its domestic industrial injury insurance relationship is not suspended. Employees who retain the relationship of industrial injury insurance in China shall be paid by the industrial injury insurance fund in accordance with the standards stipulated by the state and this province for their medical treatment and rehabilitation expenses abroad.