The third lump-sum disability allowance is equal to my salary multiplied by 23 months; Enjoy the monthly disability allowance (monthly payment: the third-level disability allowance is equal to my salary multiplied by 8%.
for some workers engaged in high-risk industries, industrial accidents are easy to happen. It is the most realistic thing to get compensation for work-related injuries as soon as possible for workers who unfortunately encounter work-related injuries. However, many workers do not know the specific steps of claim and the specific standards of compensation. Third-degree burns only indicate the local severity, whether it can constitute disability and the degree, depending on the location, area and the degree of influence on function.
therefore, the parties need to apply for work-related injury identification before they can do work-related injury identification. The amount of compensation can only be finally determined after the appraisal level, and the amount of compensation for the same level will vary from place to place. The specific steps are as follows:
1. To apply to the Human Resources and Social Security Bureau for work-related injury identification, the company needs to declare within one month of the accident. If the company does not apply, the work-related injury employee or his close relatives will apply for identification within one year. Materials to be submitted: application form for work-related injury identification (generally available on the website of the Human Resources and Social Security Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.
2. If after treatment, the injury is relatively stable and there is a disability, which affects the ability to work, it shall apply for labor ability appraisal and apply to the municipal labor ability appraisal committee with districts (generally established in the Human Resources and Social Security Bureau at the same level);
3. According to different levels of disability, the compensation obtained is different. The main compensations are: medical expenses, one-time disability subsidies, one-time employment subsidies, one-time medical subsidies, wages during the shutdown period, food subsidies, nursing expenses, etc.
4. If there is no labor contract and other evidence to prove the existence of labor relations, and it is impossible to apply for work-related injury identification, you can first apply for labor arbitration to confirm the existence of labor relations with the employer. After labor arbitration confirms the existence of labor relations, then apply for work-related injury identification.
I-IV treatment for work-related injuries: One-time disability allowance: 27 months' salary for the first disability, 25 months' salary for the second disability, 23 months' salary for the third disability and 21 months' salary for the fourth disability; Enjoy monthly disability allowance: 9% of my salary for first-degree disability, 85% for second-degree disability, 8% 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 industrial injury insurance fund will make up the difference.
my salary refers to the average monthly salary paid by employees who suffer from work-related injuries or occupational diseases in the previous 12 months. In daily life, if compensation for work-related injuries is needed, it is necessary for workers to do work-related injury identification first, and then do work-related injury identification, and how much work-related injury compensation can be determined according to the disability level of work-related injury identification. The disability level here is divided into ten levels, and the lower the level, the more compensation you can get.
Legal basis
Regulations on Work-related Injury Insurance
Article 3 Employees who suffer from accidents or occupational diseases due to work shall be treated and enjoy medical treatment for work-related injuries.
employees who treat work-related injuries should seek medical treatment at the medical institution that signed the service agreement, and in case of emergency, they can go to the nearest medical institution for first aid.
if the expenses required for the treatment of work-related injuries meet the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance shall be stipulated by the social insurance administrative department of the State Council in conjunction with the health administrative department of the State Council, the food and drug supervision and management department and other departments.
the food allowance for employees' hospitalization for work-related injuries, as well as the transportation and accommodation expenses required for employees' medical treatment outside the overall planning area, are paid from the work-related injury insurance fund, and the specific standards for the fund payment are stipulated by the people's government of the overall planning area.
workers who are injured at work who treat diseases not caused by work-related injuries do not enjoy medical treatment for work-related injuries, and shall be treated according to the basic medical insurance measures.
the expenses for the injured workers to go to the medical institutions that have signed the service agreement for work-related injury rehabilitation shall be paid from the work-related injury insurance fund if they meet the requirements.