Non-fatal situation:
1. Medical expenses: compensation amount for medical expenses = amount of medical treatment+amount of drugs+amount of hospitalization services.
Note: Except for emergencies, employees should seek medical treatment in medical institutions that have signed service agreements, and the expenses are in line with 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 (Article 30 of the Regulations).
2. Food allowance: compensation amount of food allowance = standard of food allowance for business trip of the unit (RMB/person/day) * number of people * days (Article 30 of the Regulations).
3. Transportation and accommodation fee: transportation and accommodation fee = transportation fee+accommodation fee+meal fee = transportation fee standard for employees on business trip * number of round trips+accommodation fee standard for employees on business trip * days+meal fee standard for employees on business trip * days.
Note: The premise of this compensation is that the medical institution issues a certificate and reports it to the agency for approval, and there is no medical treatment outside the overall planning area (Article 30 of the Regulations).
Four. Expenses of assistive devices: compensation amount of assistive devices = reasonable expenses of generally applicable devices * number of devices. (Article 32 of the Regulation)
Migrant workers pay for assistive devices in one lump sum:
Cost of assistive devices = (75 years old when receiving one-time treatment) ÷ Life cycle of assistive devices × initial configuration standard of assistive devices (Article 15 of the Interim Measures for Industrial Injury Insurance for Migrant Workers in Yunnan Province).
Verb (abbreviation of verb) Nursing expenses: (1) Life can't take care of itself at all: Nursing expenses = average monthly salary in the overall planning area * 50%;
(two) most of the life can not take care of themselves: nursing expenses = average monthly salary in the overall planning area * 40%;
(3) The part that people can't take care of themselves: nursing expenses = average monthly salary in the overall planning area *30%.
Note: This compensation starts from the time when the work-related injury is assessed as disability and is confirmed by the labor ability appraisal committee to require self-care until the self-care ability is restored (Article 34 of the Regulations).
6. One-time disability allowance: (Articles 35 to 37 of the Regulations)
One-time disability allowance = my monthly salary * 27; Secondary disability allowance = my monthly salary * 25;
Third-level disability allowance = my monthly salary * 23; Level 4 disability allowance = my salary * 21;
Fifth-class disability allowance = my monthly salary *18; Grade VI disability allowance = my monthly salary *16;
Seven disability allowance = my monthly salary *13; Grade 8 disability allowance = my monthly salary *11;
Grade 9 disability allowance = my monthly salary * 9; Ten disability allowance = my monthly salary * 7;
7. Disability allowance: (Articles 35-37 of the Regulations) (After the injured workers reach retirement age and go through retirement procedures, they will stop paying disability allowance and enjoy basic old-age insurance benefits in accordance with relevant state regulations).
First-class disability allowance = my salary * 90%; Secondary disability allowance = my salary * 85%;
Third-level disability allowance = my salary * 80%; Level 4 disability allowance = my salary * 75%;
Fifth-class disability allowance = my salary * 70%; Six disability allowance = my salary *60%
Note: Only those who maintain labor relations with the employing unit and find it difficult to arrange work can obtain level 5 or 6 disability.
Migrant workers pay a one-time disability allowance (including disability allowance, nursing expenses and medical expenses for recurrence of old injuries);
First-class disability allowance = average monthly salary of employees in the overall planning area *144;
Secondary disability allowance = average monthly salary of employees in the overall planning area *122;
Third-level disability allowance = average monthly salary of employees above the ground *108;
Four-level disability allowance = the average monthly salary of employees in the overall planning area last year * 86;
Note: If the injury occurs at 16 years old and under 45 years old, and the injury occurs at 45 years old and above, the amount will be reduced by 30,000 yuan respectively according to the corresponding grades (Paragraph 1 of Article 15 of the Interim Measures for Industrial Injury Insurance for Migrant Workers in Yunnan Province).
Eight, one-time work-related injury medical subsidies and disability employment subsidies:
One-time disability employment subsidy: (Articles 38 and 39 of the Measures for Implementing the Regulations on Work Injury Insurance in Yunnan Province)
Five disability allowance = overall salary * 33; Six disability allowance = overall salary * 29;
Seven disability allowance = overall salary * 22; Grade 8 disability allowance = overall salary *18;
Grade 9 disability allowance = overall salary *13; Ten-level disability allowance = overall salary *7.
One-time medical subsidy for work-related injuries: (Articles 38 and 39 of the Measures for Implementing the Regulations on Work-related Injury Insurance in Yunnan Province)
Level 5 disability allowance = overall salary *15; Level 6 disability allowance = overall salary *13;
Seven-level disability allowance = overall salary * 8; Eighth disability allowance = overall salary * 6;
Grade 9 disability allowance = overall salary * 3; Ten-level disability allowance = overall salary *2.
(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. )
Note: The five or six levels of the above two subsidies are applicable to the situation that the employer can terminate or terminate the labor relationship with the employee himself, and the seven or ten levels are applicable to the situation that the employer can terminate or terminate the labor relationship with the employee himself when the labor contract expires or the employee himself proposes to terminate the labor contract. Living expenses, medical expenses, nursing expenses, food subsidies and transportation expenses during the pre-treatment period of labor ability appraisal are all paid by the unit.
The circumstances of death:
1. Funeral allowance: Funeral allowance = average monthly salary of the overall planning area in the previous year *6. (Article 39 of the Regulations)
The premise of compensation is: (1) death in the line of duty; (two) disabled workers died at work, during the period of suspension with pay; (3) A disabled person of Grade 1 to Grade 4 dies after the expiration of suspension with pay.
Two. Pension for dependent relatives: spouse pension = monthly salary of the deceased employee *40% (Article 37 of the Regulations).
Pension for other relatives = monthly salary of deceased employee *30%
Note: The widowed elderly or orphans will be increased by 10% on the basis of the above standard, and the sum of the approved dependent relatives' pensions shall not be higher than the wages of employees who died at work. Dependent relatives refer to relatives who provide the main source of livelihood and are unable to work.
The premise of compensation is: (1) death in the line of duty; (two) disabled workers died at work, during the period of suspension with pay; (3) A disabled person of Grade 1 to Grade 4 dies after the expiration of suspension with pay.
One-time payment of pension for migrant workers: (Article 15 of the Interim Measures of Yunnan Province for Migrant Workers' Work Injury Insurance)
Spouse pension = 60,000 yuan;
Others = 40,000 yuan
Children and siblings = 3,000 yuan/person/year (/kloc-terminated at the age of 0/8)
Widowed elderly or orphans will be increased by 10% on the basis of the above standards.
When there are many dependent relatives, according to the standards mentioned in the preceding paragraph (Article 15 of the Interim Measures for Industrial Injury Insurance for Migrant Workers in Yunnan Province), the total amount of one-time payment shall not exceed 6.5438+0.5 million yuan.
Note: (The immediate family members of disabled employees with Grade I to IV who die after the paid suspension period can enjoy funeral subsidies and pension for dependent relatives).
Three, a one-time death allowance standard
June 65438+1October 65438+July 2020, the National Bureau of Statistics released "Residents' Income and Consumption Expenditure in 20 19", which announced that the per capita disposable income of urban residents in China in 20 19 was 42359 yuan. According to the third paragraph of Article 39 of the Regulations on Work-related Injury Insurance, the standard of one-time work-related death allowance is 20 times of the per capita disposable income of urban residents in the previous year, so the standard of one-time work-related death allowance in 2020 is 42,359 yuan ×20 = 847 180 yuan.
Because the Regulations on Work-related Injury Insurance is implemented uniformly throughout the country, the unified national standard for one-time work-related death benefits is 847 180 yuan.
Notice of Yunnan Provincial Department of Human Resources and Social Security on Adjusting the Treatment of Workers with Work-related Injuries and Their Dependent Relatives
According to the provisions of Article 45 of the Notice of the Provincial Government on the Implementation Measures of Yunnan Province (Yun [2011] No.255), the payment standards of disability allowance, pension for dependent relatives and living care fees shall be adjusted by the provincial social insurance administrative department according to the social and economic development of the province and the balance of the industrial injury insurance fund. In order to effectively guarantee the basic living standards of workers with work-related injuries and their dependent relatives,
First, adjust the time.
Adjust and improve from 20 1 61June1.
Second, adjust the scope.
(1) Before 20151231,if it is difficult for the employer to arrange work for the employees who have received the disability allowance (retirees who have received the employee's basic pension or pension do not enjoy the adjustment of the work injury allowance), the employer will pay the disability allowance to the employees who have received the disability allowance on a monthly basis.
(2) Before 201531231,according to the Provisions on the Scope of Support for Workers Died at Work (serial number: former Ministry of Labor and Social Security 18), they are eligible to receive monthly pension for supporting relatives. Those who have received the basic pension for employees will no longer enjoy the pension benefits of supporting their relatives.
(3) Employees with work-related injuries who have received monthly living care fees before February 3 1 and February 20 15 (including retirees with work-related injuries who have received basic pensions or employee pensions).
(4) Before 20151231,the injured workers whose disability grade or life care grade appraisal conclusion has been made and taken effect according to law, and the dependent relatives of the workers who died at work at the same time, shall enjoy treatment adjustment according to this notice.
(5) From 20 12 10, civil servants who participated in the overall management of work-related injury insurance, employees who participated in the long-term treatment of management units, and dependent relatives of employees who died at work shall enjoy the treatment adjustment according to this notice, but they shall not enjoy the treatment of work-related injuries.
Third, adjust the standards.
(1) Disability allowance: 200 yuan will be increased per person per month for level I, level II 180 yuan, level III 160 yuan and level IV 140 yuan. After adjustment, the minimum wage standard in the overall planning area may not be added.
(2) Dependent relatives' pension: the dependent relatives' pension of the deceased employees will be increased by 75 yuan per person per month.
(3) Living nursing expenses: the total amount of nursing dependence (including first-class disabled employees who have received living nursing expenses) will increase by 1.40 yuan per person per month; Most of the nursing dependence (including the second-class disabled workers who have received living nursing expenses) will increase by 100 yuan per person per month; The nursing dependent part (including three to four disabled employees who have received living nursing expenses) will increase the 70 yuan per person per month.
(4) For employees with work-related injuries of Grade 5 to Grade 6 who are difficult for the employing unit to arrange, the employing unit shall increase the monthly disability allowance synchronously according to the average wage growth rate of employees in its unit, and the amount of disability allowance shall not be lower than the minimum wage standard in the overall planning area. If the average wage of the employees of the employer is negative, the disability allowance will not be reduced.
Four. Financing channel
Workers with work-related injuries who have been included in the overall management of work-related injury insurance and their dependent relatives, and the cost of treatment adjustment shall be borne by the work-related injury insurance fund in each overall area; Did not participate in the overall work-related injury insurance, the employer shall pay the adjustment fee in accordance with the relevant policies and regulations.
Verb (abbreviation for verb) job requirements
City Human Resources and Social Security Bureau, social insurance agencies should be in accordance with the spirit of this notice, do a good job in the treatment adjustment, timely cash in the corresponding treatment of injured workers and their dependent relatives. Agencies should carefully fill in the statistics of the number of "three long-term benefits" and fund expenditure of industrial injury insurance in 20 16, and report to the Industrial Injury Insurance Department of the Ministry of Provincial Affairs before March 17.