1 to 10 quick lookup table of compensation standard for work-related injury and disability.
I. 1-4 Compensation standard for work-related injuries and disabilities (Note: 1-4 Disabled units cannot terminate labor relations with employees)
Workers who are disabled due to work are identified as one to four levels of disability, retain labor relations, quit their jobs, and enjoy the following benefits:
(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The standard is: 27 months' salary for first-degree disability, 25 months' salary for second-degree disability, 23 months' salary for third-degree disability and 2 1 month salary for fourth-degree disability;
(2) Pay the disability allowance from the industrial injury insurance fund on a monthly basis. The standard is: 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 standard, the industrial injury insurance fund will make up the difference;
(3) After the workers with work-related injuries reach retirement age and go through retirement formalities, they will stop paying disability allowance and enjoy basic old-age insurance benefits in accordance with relevant state regulations. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference.
If an employee is identified as one to four disabled due to work-related disability, the basic medical insurance premium shall be paid by the employer and individual employees on the basis of disability allowance.
Two, 5 to 10 level of industrial injury and disability compensation standards.
1, employees who are disabled due to work and are identified as level 5 or level 6 disabled shall enjoy the following treatment:
(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The standard is: my salary is level 5 disability 18 months, level 6 disability 16 months;
(two) to retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange a job, the employer will pay a monthly disability allowance. The standard is: level 5 disability is 70% of my salary, level 6 disability is 60% of my salary, and the employer shall pay the social insurance premium that should be paid according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.
Upon the employee's own proposal, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance fund shall pay the one-time medical subsidy for work-related injuries, and the employer shall pay the one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
2. Workers who are disabled due to work are identified as seven to ten disabled, and enjoy the following treatment:
(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The criteria are: level 7 disability 13 months, level 8 disability 1 1 month, level 9 disability for 9 months and level 10 disability for 7 months;
(two) the expiration of the labor employment contract, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Three. What are the legal provisions for compensation for work-related injuries and disabilities from 1 to 10?
Articles 35 to 37 of the Regulations on Industrial Injury Insurance
Four, the national provincial and municipal compensation standards for work-related injuries and disabilities
For the convenience of friends, the compensation standards of one-time disability employment subsidy and one-time disability medical subsidy, as well as other treatment provisions, are summarized in the following table:
1, Several Provisions of Beijing Municipality on Implementing the Regulations on Work-related Injury Insurance.
Workers with work-related injuries need to suspend their work and receive medical treatment for work-related injuries. During the paid suspension, the original salary and welfare benefits will remain unchanged and will be paid by the unit on a monthly basis. Generally speaking, the paid shutdown period of employees with work-related injuries shall not exceed 12 months, and may be appropriately extended if justified according to regulations, but the extension period shall not exceed 12 months. The specific time limit for paid shutdown shall be implemented in accordance with the relevant provisions of this Municipality.
Article 22 Where an applicant applies for a pension for dependent relatives, he/she shall submit proof of identity of dependent relatives, proof of economic status, conclusion of labor ability appraisal, proof of the relationship between workers who died at work and dependent relatives, proof of wages of workers who died at work and other related materials to the social insurance agency of the district or county where the employer is registered.
Article 23 If the employing unit participating in work-related injury insurance goes bankrupt or is dissolved, the work-related injury benefits paid by the work-related injury insurance fund for its first-class to fourth-class disabled employees, those who enjoy the pension for dependent relatives and retired work-related injuries shall be paid by the social security agency established by the sub-district office or the township and town people's government.
Twenty-fourth injured workers and employers to terminate or terminate the labor relationship according to law, the employer shall pay a one-time disability employment subsidy to the injured workers in accordance with the provisions of the Regulations.
Cite the law:
Articles 21 to 24 of the Provisions of Beijing Municipality on Implementing the Regulations on Work-related Injury Insurance
2. Provisions of Tianjin Municipality on Industrial Injury Insurance
If an employee's work-related disability is identified as level 5 or level 6 disability, he may terminate or terminate the labor relationship with the employer upon his own proposal; If an employee is identified as disabled at level 7 to 10, and the labor contract expires or the employee himself proposes to terminate the labor contract, the labor relationship may be dissolved or terminated.
Workers who terminate their labor contracts or labor relations shall be paid a one-time medical subsidy for work-related injuries by the work-related injury insurance fund, and a one-time disability employment subsidy by the employer.
The specific standard of one-time medical subsidy for work-related injuries is 2 to 12 months. The average monthly salary of employees in this city last year was: level 5 disability 12 months, level 6 disability 10 months, level 7 disability for 8 months, level 8 disability for 6 months, level 9 disability for 4 months and level 10 disability for 2 months.
The specific standard of one-time disability employment subsidy is 3 to 18 months of the average monthly salary of employees in this city last year: level 5 disability 18 months, level 6 disability 15 months, level 7 disability 12 months, level 8 disability 9 months, level 9 disability 6 months and level 10 disability 3 months.
Cite the law:
Provisions of Tianjin Municipality on Industrial Injury Insurance Article 29
3, Shanghai "Shanghai industrial injury insurance implementation measures"
Article 39 (Disability Treatment of Grade I to IV)
Workers with work-related injuries who have been identified as disabled from Grade I to Grade IV shall retain their labor relations, quit their jobs and enjoy the following benefits:
(a) to pay a one-time disability allowance from the industrial injury insurance fund. First-degree disability, 27 months' salary for the injured person; Secondary disability, 25 months; Third degree disability, 23 months; Grade 4 disability, 2 1 month.
(two) monthly payment of disability allowance from the industrial injury insurance fund. 90% of the wages of the first-class disabled and injured workers; Secondary disability, 85%; Third degree disability, 80%; Grade 4 disability, 75%.
(three) after the injured person reaches the statutory retirement age and goes through the formalities of receiving the monthly pension, he will stop paying the disability allowance and enjoy the basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference. If the injured person reaches the statutory retirement age and does not meet the conditions for receiving a monthly pension, the industrial injury insurance fund will continue to pay the disability allowance.
(four) to participate in the basic medical insurance of the city's employers and work-related injuries to the disability allowance as the base, pay the basic medical insurance premium on a monthly basis, enjoy the basic medical insurance benefits. Workers with work-related injuries will continue to enjoy basic medical insurance benefits after reaching the statutory retirement age. If the injured person reaches the statutory retirement age, but does not meet the conditions for continuing to enjoy the basic medical insurance benefits, the employer and the injured person will pay the basic medical insurance premium in a lump sum based on the disability allowance and continue to enjoy the basic medical insurance benefits until they meet the conditions.
Article 40 (Level 5-6 Disability Treatment)
Workers with work-related injuries who are identified as five or six disabled enjoy the following benefits:
(a) to pay a one-time disability allowance from the industrial injury insurance fund. For level 5 disability, it is 18 months' salary; Grade 6 disability, 16 months.
(two) to retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall issue a monthly disability allowance. Five disabled, 70% of the salary of the injured; Grade 6 disability, 60%. And employers and workers with work-related injuries continue to pay various social insurance premiums in accordance with regulations. If the actual amount of disability allowance is lower than the monthly minimum wage of employees in this Municipality, the employer shall make up the difference.
Upon the suggestion of the injured person himself, the injured person can terminate or terminate the labor relationship with the employer, and the industrial injury insurance fund will pay the one-time medical subsidy for work-related injuries, and the employer will pay the one-time disability employment subsidy. Five disabled, respectively1August last year, the city's average monthly salary; Grade 6 disability, respectively 15 months.
If the injured person proposes to terminate the labor relationship with the employing unit, and the legal retirement age is less than 5 years when the labor relationship is terminated, the one-time work-related injury medical subsidy and one-time disability employment subsidy will be reduced by 20% for every reduction of 1 year, except for the circumstances stipulated in Article 38 of the Labor Contract Law of People's Republic of China (PRC).
If the labor relationship is terminated due to the retirement or death of the injured person, he shall not enjoy the treatment stipulated in the second paragraph of this article.
Article 41 (Disability Treatment of Grade 7-10)
Workers with work-related injuries are identified as seven to ten disabled, and enjoy the following benefits:
(a) to pay a one-time disability allowance from the industrial injury insurance fund. Seven disabled, for 13 months of work-related injuries; Grade 8 disability, 1 1 month; Nine months for disabled people of Grade 9; Grade 10 disability, 7 months.
(two) the labor contract expires, or the injured person himself proposes to terminate the labor contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a one-time disability employment subsidy. Grade 7 disability, respectively1February last year, the average monthly salary of employees in the city; Grade 8 disability, 9 months respectively; Grade 9 disability, 6 months respectively; Grade 10 disability, 3 months respectively.
If the injured person proposes to terminate the labor relationship with the employing unit, and the legal retirement age is less than 5 years when the labor relationship is terminated, the one-time work-related injury medical subsidy and one-time disability employment subsidy will be reduced by 20% for every reduction of 1 year, except for the circumstances stipulated in Article 38 of the Labor Contract Law of People's Republic of China (PRC).
If the labor relationship is terminated due to the retirement or death of the injured person, he shall not enjoy the treatment stipulated in Item 2 of Paragraph 1 of this Article.
Cite the law:
Article 39-Article 41 of the Measures for the Implementation of Industrial Injury Insurance in Shanghai
4, Hebei province "Hebei province industrial injury insurance implementation measures"
Five to ten injured workers in accordance with the relevant provisions of the "Regulations" and the employer to terminate or terminate the labor and personnel relations, the work injury insurance fund to pay a one-time work-related injury medical subsidy, and the employer to pay a one-time disability employment subsidy. The standard of one-time medical subsidy for work-related injuries is 44 months to 8 months of the average monthly salary of employees in this province last year when the labor-personnel relationship is dissolved or terminated, including: 44 months for grade five, 38 months for grade six, 26 months for grade seven, 20 months for grade eight, 0/4 months for grade nine/kloc-0, and 8 months for grade ten; The standard of one-time disability employment subsidy is 22 months to 4 months of the average monthly salary of employees in this province last year when the labor and personnel relationship is dissolved or terminated, including: 22 months for grade five, 6 months for grade six 16 months, 7 months for grade seven 10 months, 8 months for grade eight, 6 months for grade nine and 4 months for grade ten.
Five to ten injured workers need to install and configure assistive devices, in accordance with the standards set by the provincial social insurance administrative department, the industrial injury insurance fund will pay the installation and configuration costs of assistive devices in one lump sum.
Workers with work-related injuries who are less than 5 years away from the statutory retirement age shall be paid a one-time disability employment subsidy according to the standard of decreasing by 20% every 1 year; If the retirement age is less than 1 year, a one-time disability employment subsidy will be paid at 10% of the prescribed standard. Workers with work-related injuries who have reached the statutory retirement age for retirement procedures do not enjoy one-time medical subsidies for work-related injuries and disability employment subsidies.
Cite the law:
"Measures for the implementation of industrial injury insurance in Hebei Province" Article 34
5.Shanxi Province
Measures of Shanxi Province for Implementing the Regulations on Work-related Injury Insurance
Workers who are disabled at work are identified as five to ten levels of disability. In accordance with the provisions of Article 36 and Article 37 of the Regulations, if the employment relationship with the employer is terminated or terminated, the agency shall pay a one-time medical subsidy for work-related injuries from the work-related injury insurance fund, and the employer shall pay a one-time disability employment subsidy.
One-time medical subsidy for work-related injuries and one-time disability employment subsidy are calculated according to the following standards based on the average monthly payment salary 12 months before the termination or dissolution of the labor-employment relationship between the employee and the employer:
(1) One-time medical subsidy standard for work-related injuries: 36 months' salary for level 5 disability, 33 months for level 6 disability, 24 months for level 7 disability, 2 1 month for level 8 disability, 0/8 months for level 9 disability and 0/5 months for level 10 disability;
(II) One-time disability employment subsidy standard: Grade 5 disability is my 24-month salary, Grade 6 disability is my 2 1 month salary, Grade 7 disability is my 0/5-month salary, Grade 8 disability is my 0/2-month salary, Grade 9 disability is my 9-month salary, and Grade 10 disability is my 9-month salary.
Workers with work-related injuries are less than five years away from the statutory retirement age, and the one-time work-related injury medical subsidy and one-time disability employment subsidy are based on five years, and are reduced by 1 year.
Workers with work-related injuries who have reached retirement age or gone through retirement procedures do not enjoy one-time medical subsidies for work-related injuries and one-time employment subsidies for disabled people.
If an employee suffers multiple work-related injuries during the continuous work in the same employer, the one-time medical subsidy for work-related injuries and one-time employment subsidy for disability shall be calculated according to the highest disability level of the employee who suffers work-related injuries in the same employer.
Cite the law:
Twenty-sixth "measures for the implementation of Shanxi Province"
6. Heilongjiang
Some Provisions on the Implementation of the Regulations on Work Injury Insurance in Heilongjiang Province
Five to six disabled workers, I put forward in writing to terminate or terminate the labor relationship with the employer, seven to ten disabled workers' employment contract expires, or the employee himself put forward to terminate the employment contract, the work-related injury insurance fund pays a one-time work-related injury medical subsidy, and the employer pays a one-time disability employment subsidy.
(1) The standard of one-time work-related injury medical subsidy for disabled employees with grades 5 to 10 is 30, 25, 20, 15 and 10 five months before the employees leave their jobs; The standard of one-time disability employment subsidy for disabled employees of Grade 5 to Grade 10 is 16, 14, 12, 10, 8 and 6 months' salary before leaving the post.
(2) Disabled employees who are less than five years away from the statutory retirement age will be paid a one-time disability employment subsidy at the rate of 20% for each reduction 1 year, and at the rate of 1 0% for those who are less than the statutory retirement age. Workers with work-related injuries who have reached retirement age or gone through retirement procedures do not enjoy one-time work-related injury medical subsidies and disability employment subsidies.
Cite the law:
"Heilongjiang province to implement a number of provisions" thirteenth
7.jilin province
Measures of Jilin Province for Implementing the Regulations on Work-related Injury Insurance
Five to ten disabled workers one-time work-related injury Medicaid and one-time work-related injury employment subsidies paid in accordance with the following standards:
Payment standard of one-time medical subsidy for work-related injury: level 5 disability 18 months' salary, level 6 disability 16 months' salary, level 7 disability 13 months' salary, level 8 disability10/month salary, level 9 disability 9 months' salary and level 10 disability 7 months' salary. 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.
One-time employment subsidy for the disabled is paid as follows: level 5 disability 16 months' salary, level 6 disability 14 months' salary, level 7 disability1/0/month's salary, level 8 disability 9 months' salary and level 10 disability 7 months' salary. Disabled workers from the statutory retirement age of less than 5 years, according to the annual decline of 20% of the standard payment of one-time disability employment subsidies. If the legal retirement age is less than 1 year, the one-time disability employment subsidy will be paid according to the standard of 10%, and it will not be paid if the retirement age is reached.
Workers in the same unit have more than two work-related injuries, and after calculating the one-time work-related injury medical subsidy and one-time disability employment subsidy according to their highest disability level, each work-related injury will increase by 20%.
Cite the law:
"Measures for the implementation of the Regulations on Industrial Injury Insurance in Jilin Province" fortieth
8. Liaoning Province
Measures for the implementation of industrial injury insurance in Liaoning Province
Article 38 If a disabled worker of Grade I to IV dies, and his close relatives meet the conditions for receiving funeral subsidies for work-related injury insurance, pensions for dependent relatives and funeral subsidies and pensions for employees' basic old-age insurance, his close relatives can choose one of two treatments: work-related injury insurance or employees' basic old-age insurance.
If an employee dies at work or if an employee suffers from a work-related injury of Grade 1 to Grade 4, his dependent relatives shall enjoy the pension treatment for their dependent relatives in accordance with the following provisions:
(a) to enjoy the qualification of supporting relatives' pension, and to examine and approve the conditions for supporting relatives of employees in case of death;
(two) the calculation time of the pension for dependent relatives is the month after the death of the employee;
(3) The base of the pension for supporting relatives is the average monthly salary of employees before the work injury1February; If the employee's average monthly payment salary before1February is lower than his disability allowance or basic old-age insurance benefits, it shall be his average disability allowance or basic old-age insurance benefits before1February.
Article 39 Where a disabled worker of Grade 5 or Grade 6 proposes to terminate or terminate the labor relationship with the employing unit, if the labor contract of a disabled worker of Grade 7 to Grade 10 expires or he proposes to terminate the labor contract, the industrial injury insurance fund will pay a one-time medical subsidy for work-related injuries, and the employing unit will pay a one-time disability employment subsidy according to the following standards, and terminate the industrial injury insurance relationship at the same time:
(a) one-time medical subsidies for work-related injuries, with the average monthly salary of employees in the overall planning area as the base. Among them, grade five is 18 months, grade six is 16 months, grade seven is 13 months, grade eight is 1 1 month, grade nine is 9 months, and grade ten is 7 months.
(II) One-time disability employment subsidy, based on the comparison of the average monthly salary of injured workers 12 months before the injury and 12 months before the dissolution or termination of labor relations, and the calculation and payment base of the average monthly salary of injured workers are determined according to the principle of high or low. Among them, grade five is 28 months, grade six is 24 months, grade seven is 20 months, grade eight 16 months, grade nine 12 months and grade ten is 8 months.
Disabled workers from Grade 5 to Grade 10 who have reached the statutory retirement age and gone through retirement procedures do not enjoy one-time medical subsidies for work-related injuries and one-time employment subsidies for the disabled.