Occupational diseases are not ordinary work-related injuries, but physical diseases caused by long-term engagement in some toxic and harmful jobs. Workers suffering from occupational diseases can enjoy work-related injury insurance benefits.
I. Compensation standard after occupational diseases
(1) First-class compensation standard for occupational diseases
Keep labor relations and quit your job. Note: If you don't resign, you will continue to enjoy your original salary.
Pay a one-time disability allowance from the industrial injury insurance fund, and the standard is my 24-month salary.
Disability allowance is paid by the industrial injury insurance fund on a monthly basis, and the standard is 90% of the salary. If the actual amount of disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference.
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 wage standard, the industrial injury insurance fund will make up the difference.
(2) Secondary occupational disease compensation standard
Keep labor relations and quit your job. Note: If you don't resign, you will continue to enjoy your original salary.
Pay a one-time disability allowance from the industrial injury insurance fund, and the standard is my 22-month salary.
The disability allowance is paid monthly from the industrial injury insurance fund, and the standard is 85% of the salary. If the actual amount of disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference.
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 wage standard, the industrial injury insurance fund will make up the difference.
(3) Three-level compensation standard for occupational diseases
Keep labor relations and quit your job. Note: If you don't resign, you will continue to enjoy your original salary.
Pay a one-time disability allowance from the industrial injury insurance fund, and the standard is my 20-month salary.
The disability allowance is paid monthly from the industrial injury insurance fund, and the standard is 80% of the salary. If the actual amount of disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference.
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 wage standard, the industrial injury insurance fund will make up the difference.
(4) Four-level occupational disease compensation standard
Keep labor relations and quit your job. Note: If you don't resign, you will continue to enjoy your original salary.
Pay a one-time disability allowance from the industrial injury insurance fund, and the standard is my salary 18 months.
The monthly disability allowance paid by the industrial injury insurance fund is 75% of the salary. If the actual amount of disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference.
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 wage standard, the industrial injury insurance fund will make up the difference.
(5) Five-level compensation standard for occupational diseases
A one-time disability allowance is paid by the industrial injury insurance fund according to the disability level, and the standard is my salary 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 shall pay the disability allowance on a monthly basis, with the standard of 70% of his salary, and the employer shall pay the social insurance premiums payable for him in accordance with 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 employer shall pay the one-time medical subsidy for work-related injuries and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
(six) six levels of occupational disease compensation standards
A one-time disability allowance is paid by the industrial injury insurance fund according to the disability level, and the standard is my salary 14 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 shall pay the disability allowance on a monthly basis, with the standard of 60% of his salary, and the employer shall pay the social insurance premium payable for him in accordance with 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 employer shall pay the one-time medical subsidy for work-related injuries and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
(seven) seven occupational disease compensation standards
A one-time disability allowance is paid by the industrial injury insurance fund according to the disability level, and the standard is my salary 12 months.
If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
(8) Compensation standards for eight types of occupational diseases
One-time disability allowance is paid by the industrial injury insurance fund according to the disability level, and the standard is 10 month's salary.
If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
(9) Nine-level occupational disease compensation standard
From the work-related injury insurance fund, a one-time disability allowance is paid according to the disability level, and the standard is my 8-month salary.
If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
(10) Ten-level compensation standard for occupational diseases
From the work-related injury insurance fund, a one-time disability allowance is paid according to the disability level, and the standard is my 6-month salary.
If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
2. What is the compensation standard for traffic accidents?
(A) personal injury compensation standards
According to the provisions of Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases and Article 16 of People's Republic of China (PRC) Tort Liability Law, it includes the following items: medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, disability compensation, disability AIDS, living expenses of dependents, and rehabilitation.
(2) Standard of compensation for property losses
The compensation standard for property losses is to determine the compensation amount according to the direct losses and indirect losses caused by traffic accidents.
Compensation standard for direct loss:
In principle, restitution or discount compensation should be made. For vehicles, facilities and articles that can be partially repaired, the maintenance expenses shall be compensated; If depreciation is caused by local losses, it shall also compensate for the loss of the depreciated part; Can not be repaired, should be compensated according to the actual value.
Compensation standard for indirect losses:
The infringer should also compensate the victim for the indirect losses suffered by the traffic accident. For example, in a case of traffic accident damages, if the victim claims that the damaged vehicle is being used for cargo transportation or passenger transportation business activities, the person responsible for the traffic accident shall compensate for the service loss during the repair of the damaged vehicle.
(3) compensation standard for mental damage
Mental injury is an intangible injury that outsiders cannot measure. The size and degree of general mental damage can't be measured by material scale. Therefore, in the specific judicial practice, the compensation for mental damage can only be determined by the judge according to the specific circumstances of the parties, including the regional economic environment, the identity of the parties, the family background of the parties, the responsibilities of the parties in the case, and the social impact.
Third, the criteria for the division of traffic accident compensation.
(A) personal injury compensation standards
According to article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases and article 16 of the Tort Liability Law of People's Republic of China (PRC), the standards of personal injury compensation include the following items: medical expenses, lost time, nursing expenses, lost time for nursing, social security contributions, re-employment losses and short-term living expenses for re-employment. Other reasonable expenses, such as hospitalization expenses and mental damage compensation.
(2) Standard of compensation for property losses
The compensation standard for property losses is to determine the compensation amount according to the direct losses and indirect losses caused by traffic accidents.
(3) compensation standard for mental damage
Mental injury is an intangible injury that outsiders cannot measure. The size and degree of general mental damage can't be measured by material scale. Therefore, in the specific judicial practice, the compensation for mental damage can only be determined by the judge according to the specific circumstances of the parties, including the regional economic environment, the identity of the parties, the family background of the parties, the responsibilities of the parties in the case, and the social impact. For special circumstances, there are special subsidies.
Legal objectivity:
Article 35, paragraph 1, of the Regulations on Industrial Injury Insurance
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.