1. If an employee suffers from an accident or occupational disease at work and needs to be suspended from work to receive work-related injury medical treatment, the original salary and welfare benefits will remain unchanged during the paid suspension period, and will be paid by the employer on a monthly basis;
2. Life care fees are paid according to three different levels: life can't take care of itself completely, most of life can't take care of itself or some of life can't take care of itself. The standard is 50%, 40% or 30% of the average monthly salary of employees in the overall planning area.
In case of any of the following circumstances during the consultation on work-related injuries, different treatments shall be made respectively:
1. The work-related injury compensation agreement was not signed voluntarily by employees, and the company committed fraud, coercion, taking advantage of others' danger, etc. , causing employees to sign an agreement against their true intentions, and the injured employees can sue in court; At the time of prosecution, you can request to terminate the industrial injury compensation agreement and make compensation according to the legal industrial injury compensation standard;
2. The industrial injury compensation agreement is voluntarily concluded by employees. However, because there is a major misunderstanding about it, for example, they think that the medical expenses will be borne by the company in the future, and they can also bring a lawsuit to the court to demand that the industrial injury compensation agreement be revoked and compensation be made according to the legal industrial injury compensation standard.
Legal basis: Article 33 of the Regulations on Industrial Injury Insurance.
If an employee suffers from an accident or occupational disease at work and needs to be suspended from work to receive work-related injury medical treatment, the original salary and welfare benefits will remain unchanged during the paid suspension, and the unit where he works will pay him monthly.
The paid shutdown period generally does not exceed 12 months. If the injury is serious or the situation is special, it may be appropriately extended upon confirmation by the Municipal Labor Ability Appraisal Committee with districts, but the extension time shall not exceed 12 months. After assessing the disability level, the injured workers shall stop the original treatment and enjoy the disability treatment in accordance with the relevant provisions of this chapter. Workers with work-related injuries who still need treatment after the expiration of paid shutdown shall continue to enjoy medical treatment for work-related injuries.
Workers with work-related injuries who can't take care of themselves need care during the paid shutdown period, and their units are responsible for it.
Article 34
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.
Article 35
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 injured workers 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.