Disability expenses are actually one-time industrial injury compensation and one-time disability employment compensation. Lost time is the loss of being unable to work due to some kind of injury.
According to Article 32/33 of the Regulations on Industrial Injury Insurance, the lost time is actually the part of work stoppage paid after the industrial injury.
The original salary and welfare benefits remain unchanged and will be paid by the unit on a monthly basis. 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. 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.
The disability fee shall be compensated according to the industrial injury level. The specific criteria are as follows:
One to four industrial injury treatment:
1. standard: one-time disability allowance: 27 months salary for first-class disability, 25 months salary for second-class disability, 23 months salary for third-class disability and 2 1 month salary for fourth-class disability; Enjoy monthly disability allowance: 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;
2. Requirements: Maintain labor relations and resign from work. Workers with work-related injuries who reach retirement age and go through retirement formalities will stop receiving disability allowance and enjoy 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. Employers and employees pay basic medical insurance premiums based on disability allowance.
3. Legal basis: Article 35 of the Regulations on Industrial Injury Insurance.
4. Remarks: My salary refers to the average monthly payment salary 12 months before work-related injury or occupational disease. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.
Five or six levels of industrial injury treatment:
1, standard: enjoy one-time disability allowance: my salary is level 5 disability 18 months, level 6 disability 16 months; Retain the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange the work, the employer will pay the disability allowance on a monthly basis. The five-level disability accounts for 70% of my salary, and the six-level disability accounts for 60% of my salary, and the employer will pay the social insurance premiums that should be paid according to the regulations.
2. Requirements: If the actual amount of disability allowance is lower than the local minimum wage, the employer will make up the difference. Upon the employee's own request, the employee may terminate or terminate the labor relationship with the employing unit, and the employing unit shall pay the one-time work-related injury medical subsidy and disability employment subsidy according to the average monthly salary of the employees in the overall planning area at the time of termination or termination of the labor relationship (the specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government).
3. Legal basis: Article 36 of the Regulations on Industrial Injury Insurance.
Seven to ten levels of industrial injury treatment:
1, standard: enjoy one-time disability allowance: level 7 disability 12 months salary, level 8 disability 10 months salary, level 9 disability 8 months salary, 10 level 6 months salary;
2. Requirements: If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employing unit shall pay him a one-time medical subsidy for work-related injury and a one-time disability employment subsidy according to the average monthly salary of the employees in the overall planning area at the time of termination or termination of the labor contract (the specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government).
3. Legal basis: Article 37 of the Regulations on Industrial Injury Insurance.