1. Work-related injury compensation includes treatment expenses, rehabilitation expenses, living expenses during hospitalization, one-time disability allowance and corresponding allowances. The unit pays the wages of employees during work-related injuries, as well as one-time disability employment subsidies, and one-time medical subsidies are determined according to local regulations.
2. Work-related injury benefits will be issued after the treatment review or the labor ability appraisal results are issued, and the application will be submitted to the social security office. The main materials include: application form for examination of industrial injury treatment, medical termination or labor ability appraisal form, case, discharge summary, medical invoice and hospitalization list, industrial injury certificate and a copy of my ID card.
The injured employee should be paid within 60 days after the application.
4. According to the Social Insurance Law
Article 38 The following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations:
(a) medical expenses and rehabilitation expenses for the treatment of work-related injuries;
(2) Hospitalization food subsidies;
(three) transportation and accommodation expenses for medical treatment outside the overall planning area;
(four) the cost of installing and configuring assistive devices for the disabled;
(five) life can not take care of themselves, confirmed by the labor ability appraisal committee of life care costs;
(6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV;
(seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;
(8) Funeral grants, dependent relatives' pensions and work-related death grants received by survivors of work-related deaths;
(nine) labor ability appraisal fee.
Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with state regulations:
(a) wages and benefits during the treatment of work-related injuries;
(two) the monthly disability allowance for disabled employees of Grade 5 and Grade 6;
(3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.
When can I finish the work-related injury appraisal in two to three months?
According to the provisions of Chapter IV of the Regulations on Work-related Injury Insurance, labor ability appraisal
Twenty-fifth districts of the city labor ability appraisal committee after receiving the application for labor ability appraisal, it shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall put forward the appraisal opinions. According to the expert group's appraisal opinions, the municipal labor ability appraisal committee with districts makes a conclusion on the labor ability appraisal of workers with work-related injuries; When necessary, a qualified medical institution may be entrusted to assist in the relevant diagnosis.
The municipal labor ability appraisal committee with districts shall make a conclusion of labor ability appraisal within 60 days from the date of receiving the application for labor ability appraisal. When necessary, the time limit for making the conclusion of labor ability appraisal may be extended by 30 days. The conclusion of labor ability appraisal shall be delivered to the units and individuals applying for appraisal in time.
Article 26 If an entity or individual applying for appraisal refuses to accept the appraisal conclusion made by the municipal labor ability appraisal committee with districts, it may, within 5 days from the date of receiving the appraisal conclusion, apply to the labor ability appraisal committee of a province, autonomous region or municipality directly under the Central Government for re-appraisal. The conclusion of labor ability appraisal made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government is final.
How to talk about compensation with the old class after the work-related injury appraisal? After the work-related injury identification is completed, the unit is required to apply for a one-time work-related injury subsidy according to the disability level. After the termination of labor relations, the unit is required to pay a one-time disability employment subsidy and apply to the social security center for a one-time disability medical subsidy.
Social insurance law
Article 38 The following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations:
(a) medical expenses and rehabilitation expenses for the treatment of work-related injuries;
(2) Hospitalization food subsidies;
(three) transportation and accommodation expenses for medical treatment outside the overall planning area;
(four) the cost of installing and configuring assistive devices for the disabled;
(five) life can not take care of themselves, confirmed by the labor ability appraisal committee of life care costs;
(6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV;
(seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;
(8) Funeral grants, dependent relatives' pensions and work-related death grants received by survivors of work-related deaths;
(nine) labor ability appraisal fee.
Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with state regulations:
(a) wages and benefits during the treatment of work-related injuries;
(two) the monthly disability allowance for disabled employees of Grade 5 and Grade 6;
(3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.
When can I resign after the work-related injury appraisal is completed? After the disability appraisal is completed, if the injured person and the employer have no objection to the disability level, they can resign and bear all the compensation.
After the work-related injury identification, I have several documents, the work-related injury identification decision.
Disability grade certificate
Notice of labor ability appraisal results
(The names of different places may be different, but the meaning is similar. )
Will the company deduct my compensation after the work-related injury appraisal? The company will definitely not deduct your compensation. The company should make it up to you.
Industrial injury compensation mainly includes: social security compensation for one-time disability allowance and one-time medical allowance, one-time employment allowance and unit compensation for wages during paid shutdown, and others, such as medical expenses, food subsidies, nursing expenses, car travel expenses, etc. , should be reimbursed during hospitalization.
One-time medical subsidy and one-time employment subsidy are received after the termination of the labor contract or the expiration of the labor contract (no matter how many years later).
According to Article 26 of the Regulations on Work-related Injury Insurance, if the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the municipal labor ability appraisal committee divided into districts, it may apply to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government for re-appraisal within 05 days from the date of receiving the appraisal conclusion. The conclusion of labor ability appraisal made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government is final. Twenty-eighth from the date of the conclusion of the labor ability appraisal 1 year later, if the injured workers or their close relatives, their units or agencies think that the disability situation has changed, they can apply for the re-examination and appraisal of the labor ability.
The disability appraisal made by the national industrial injury appraisal institution must be carried out in strict accordance with the industrial injury appraisal process, don't worry!
How much one-time disability allowance can I apply for after my work-related injury appraisal is completed 10? The standard is: my salary for 7 months with Grade 10 disability; If I propose to terminate the labor and employment contract, the work-related injury insurance fund will pay the one-time work-related injury medical subsidy, and the employer will pay the one-time disability employment subsidy.
Regulations on industrial injury insurance
Thirty-seventh workers who are disabled due to work are identified as seven to ten disabled, 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 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. The specific standards for one-time work-related injury medical subsidies 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.
Article 64 The term "total wages" as mentioned in these Regulations refers to the total labor remuneration paid directly by the employer to all employees of the unit.
The term "my salary" as mentioned in these Regulations refers to the average monthly payment salary of the injured workers 12 months before they suffer from accidents or occupational diseases. 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.
I have completed the work injury appraisal, and I don't want to ask the lawyer what to do next. After the work-related injury appraisal, I can directly consult the unit for work-related injury compensation. If negotiation fails, I can apply for arbitration.
How to apply for labor arbitration;
1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (former Labor Bureau) to apply for labor arbitration. When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Industrial and commercial registration information of the employer (Beijing does not need registration information)!
2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then the court will open, and then mediate between you two. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If we are dissatisfied with the ruling, we can bring a lawsuit to the court;
You can handle it yourself, you don't need to ask a local lawyer to represent you. I can provide you with remote guidance (I will write relevant legal documents for you) and you can still win the case;
4. During the application for labor arbitration, you will not be delayed to work in a new unit!
The main compensation for industrial injury insurance benefits is: medical expenses,
One-time disability allowance (monthly salary),
One-time employment subsidy (determined according to the regulations on work-related injuries in your province, and received when labor relations are terminated),
One-time medical subsidy (determined according to your province's industrial injury regulations, and received when labor relations are terminated),
, shutdown with pay (determined according to the Notice of Labor Ability Appraisal Conclusion),
Food subsidies, nursing expenses, transportation expenses, etc.
According to Articles 35, 36 and 37 of the Regulations on Work-related Injury Insurance and the Regulations on Work-related Injury Insurance of your province.
How to apply for social security work injury identification online? At present, the work-related injury labor ability appraisal can not be applied online. After the injured worker's condition is stable, the employer, the injured worker or their close relatives may apply to the Municipal Labor Ability Appraisal Committee for labor ability appraisal, and the department shall make an appraisal conclusion within 60 days (it may be extended for 30 days if necessary).
Work-related injury labor ability appraisal process: application-acceptance-randomly selecting 3 or 5 experts from the medical and health expert database to form an expert group-informing employees of the time and place of on-site appraisal-on-site appraisal-making appraisal conclusions.
Legal basis: Administrative Measures for Appraisal of Work Ability of Workers with Work Injury
Article 7 If an employee is injured at work and his/her ability to work is affected due to disability after treatment, or if he/she stops work with pay (including the extended period confirmed by the labor ability appraisal committee), the injured employee or the employing unit shall promptly submit an application for labor ability appraisal to the municipal labor ability appraisal committee with districts.
Article 9 After receiving the application for labor ability appraisal, the labor ability appraisal committee shall timely review the materials submitted by the applicant; If the materials provided by the applicant are incomplete, the labor ability appraisal committee shall, within five working days from the date of receiving the application for labor ability appraisal, inform the applicant in writing of all the materials that need to be corrected.
If the materials provided by the applicant are complete, the labor ability appraisal committee shall organize the appraisal in time, and make a conclusion of labor ability appraisal within 60 days from the date of receiving the application for labor ability appraisal. If the injury is complex and involves multiple medical and health professions, the time limit for making the conclusion of labor ability appraisal may be extended by 30 days.
Tenth labor ability appraisal committee shall, according to the injury, randomly select 3 or 5 experts from the medical and health expert database to form an expert group for appraisal.
Eleventh labor ability appraisal committee shall notify the injured workers in advance of the time, place and materials. Workers with work-related injuries shall participate in on-site appraisal according to the time and place notified. For workers with work-related injuries who are inconvenient to move, the labor ability appraisal committee may organize experts to conduct on-site labor ability appraisal. The staff who organize the appraisal of labor ability shall verify the identity of the injured workers.
If an injured worker is unable to participate in the appraisal on time for some reason, the time for on-site appraisal can be adjusted with the consent of the labor ability appraisal committee, and the time limit for making the conclusion of labor ability appraisal can be extended accordingly.
Thirteenth expert group according to the injury of workers at work, combined with medical diagnosis, according to the national standard "work ability appraisal and occupational disease of workers at work", put forward appraisal opinions. Experts participating in the appraisal shall sign their opinions and signatures.
When experts disagree, the expert opinion of the expert group shall be determined according to the principle that the minority is subordinate to the majority.