1. Who is legally required to pay compensation for work-related injuries?
Compensation for work-related injuries shall be paid by the employer and the work-related injury insurance fund.
The employer participates in work-related injury insurance, and the employee suffers from work-related injuries, and the following items can be paid from the work-related injury insurance fund after being identified by the administrative department of labor security or having the ability to work identified:
(1) medical expenses for work-related injuries;
(2) Auxiliary equipment configuration fee;
(3) One-time disability allowance;
(4) Disability allowance;
(5) Living nursing expenses;
(6) Funeral subsidies;
(7) Pension for dependent relatives;
(8) One-time work death subsidy;
(9) Rehabilitation expenses;
(10) Food subsidies for work-related injuries, transportation expenses for medical treatment in different places, room and board expenses, etc.
(1 1) One-time medical subsidy for work-related injuries;
(12) labor ability appraisal fee;
Second, the project payment paid by the employer
In addition to payment from the industrial injury insurance fund, the employer also needs to pay certain compensation to the employees who have suffered industrial injuries:
(1) Hospitalization food subsidy for work-related injuries, transportation expenses for medical treatment in different places, and room and board expenses: The hospitalization food subsidy for workers with work-related injuries during hospitalization shall be paid by the unit where they work according to 70% of the food subsidy standard for business trips; The transportation and accommodation expenses required by the approved referral and transfer to other places for medical treatment shall be reimbursed by the unit where the employee works according to the standard of the employee's business trip.
(2) Wages during shutdown with pay: The wages and benefits of employees with work-related injuries remain unchanged during shutdown with pay, which shall be paid by the employer on a monthly basis; If you can't take care of yourself, the employer will send someone to take care of you, and the required accompanying expenses will be paid by the employer as agreed.
(3) Disability allowance: The employer will pay 70% and 60% of the employee's salary on a monthly basis for the employee with disability grade five or six who is difficult to arrange work.
(4) One-time disability employment subsidy: For employees with disabilities of Grade 5 to Grade 10 who terminate their labor relations with the employing unit, the employing unit shall pay a one-time disability employment subsidy according to the average monthly salary of employees in the area where the labor relations are terminated.
Third, the calculation of work-related injury compensation
(a), one to four disability treatment standards
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.
Enjoy 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. )
(two), five or six levels of disability treatment standards
One-time disability allowance
1, level 5 disability allowance = my salary × 18 months.
2. Grade VI disability allowance = my salary × 16 months.
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. )
(three), 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.
(4), the treatment standard of work 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.
To sum up, industrial injury compensation is generally the expenses received because of work injury. As long as this compensation is recognized as a work-related injury, all expenses should be paid by the unit. Therefore, when workers apply for compensation for work-related injuries, they must follow the procedures prescribed by law in order to get the compensation they deserve.