1. according to article 35 of the regulations on industrial injury insurance, the disability allowance is paid by the industrial injury insurance fund on a monthly basis. The standard is that the first-degree disability is 90% of my salary, the second-degree disability is 85%, the third-degree disability is 80%, and the fourth-degree disability is 75%.
If the actual amount of disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference. This kind of social insurance premium is paid by the employer and individual employees based on disability allowance, and no longer bears other insurance premiums.
2. According to the provisions of Article 36 of this Law, employees with Grade V and VI work-related injuries retain their labor relations with the employing unit, and the employing unit will arrange appropriate work. If it is difficult to arrange work, the employer shall issue 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 payable for it according to the regulations. Then the social insurance premium in this case shall be borne by the employer.
Extended data:
According to the provisions of Article 35 of the Regulations on Work-related Injury Insurance, if an employee is identified as a first-class to fourth-class disability due to work-related disability, he/she will retain his/her labor relationship, quit his/her post 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, the difference will be made up by the industrial injury insurance fund.
(3) After the workers with work-related injuries reach retirement age and go through retirement formalities, they will stop paying disability benefits and enjoy basic old-age insurance benefits in accordance with state regulations. If the basic old-age insurance benefits are lower than the disability benefits, the industrial injury insurance fund will make up the difference.
Workers who are disabled due to work are identified as one to four levels of disability, and the employer and individual employees pay the basic medical insurance premium on the basis of disability allowance.
Article 36 stipulates that employees with work-related disabilities who are identified as level 5 or level 6 disabilities shall 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: 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.