How much is the 8-level compensation for work-related injuries in Chongqing?
According to the current Regulations on Work-related Injury Insurance in Chongqing, the eight-level compensation standards for work-related injuries are: one-time disability allowance 1 1 monthly salary, medical treatment allowance for work-related injuries for 6 months, and employment allowance for work-related injuries 12 months. However, it should be noted that the medical subsidy for work-related injuries and the disability employment subsidy can only be received after the employee terminates the labor relationship with the unit. I. Compensation standard for medical expenses Medical expenses refer to the expenses necessary for the victim to receive medical examination, treatment and rehabilitation, mainly including registration fees, examination fees, medical expenses, treatment fees, hospitalization fees and other necessary medical expenses. The medical expenses of other diseases caused by infringement shall be appropriately compensated according to the causal relationship between infringement and damage consequences, the proportion of causality and other actual conditions. If causality and causality are difficult to determine, the people's court shall determine it by itself with reference to the appraisal conclusions of professional appraisal institutions. (1) Registration fee. Generally, the registration certificate of the treatment unit is used as the proof of compensation. (2) inspection fee. Based on the needs of injury diagnosis and treatment, the expenses incurred by the treatment unit should be compensated. The amount of compensation is confirmed according to the inspection documents, diagnosis certificates and corresponding charging vouchers of the medical treatment unit, but there is evidence that the expenses incurred by the victim due to unnecessary inspection will not be compensated. The examination expenses paid without the permission of the treatment unit shall not be compensated, except for the medical expenses of the victim with justified reasons. Based on the needs of injury treatment and rehabilitation, the expenses incurred in purchasing drugs according to the prescription of the receiving unit shall be compensated. The amount of compensation shall be confirmed according to the prescription documents, diagnosis certificates and corresponding charging vouchers of the treated unit. However, if there is evidence that the victim has paid drugs or other articles unrelated to injury treatment and physical rehabilitation, the victim will not be compensated. (4) treatment fee. Generally, the compensation is based on the diagnosis certificate and treatment documents of the treatment unit (5) Hospitalization expenses. Generally, the diagnosis certificate and hospitalization documents of the treatment unit are used as the basis for compensation, but there is evidence that the victim's injury is obviously minor and he does not need hospitalization, or the hospitalization expenses paid by the victim who should be discharged after the injury is healed are not compensated. Without the permission of the initial treatment unit, the expenses paid for transferring to other hospitals for treatment and purchasing drugs will not be compensated, unless the victim has a legitimate reason. Second, the lost time refers to the legal income that the victim can't work normally due to physical injury. The calculation of lost time fee should consider the lost time fee and the legal income standard of the victim: (1) lost time fee. Refers to the victim's work time delayed due to injury. Generally speaking, the time lost for work should refer to the certificate or forensic identification issued by the medical institution where the victim received treatment, or be determined according to the actual damage degree and recovery status of the victim. If the victim's injury is obviously minor and does not affect his normal work, only the lost time on the day of medical treatment and dressing change will be calculated; If the victim's injury is minor and does not require hospitalization, the time lost for work shall be calculated from the day when he stops working due to injury to the day when he actually recovers; When the victim was discharged from the hospital, the injury was still not healed. The lost working hours shall be counted from the day when the work is stopped due to injury to the day when the injury actually recovers. If the victim is injured and disabled, the time lost for work is generally calculated from the day when he stops working due to injury to the day when he is disabled. If the victim dies due to medical reasons, the time lost for work shall be counted from the date when he stops working due to injury to the date of death. (2) The legal income standard of the victim. If the victim has a fixed income, it shall be calculated according to the actual loss of cultivated land income; However, if the actual income exceeds five times the average wage of employees in the last year where the court of appeal is located, and the victim has no fixed income or other illegitimate legal income besides fixed income, it shall be calculated with reference to the average income of the victim for one to three years before his death; If the victim cannot provide evidence to prove his average income in the last year to three years, it shall be calculated with reference to the average income of the same labor force in the same industry or similar industry where the court of appeal is located in the previous year. If the victim is mainly engaged in domestic labor due to unemployment or retirement, it shall be calculated with reference to the average income of residents in the previous year published by the local county (city) level statistics department. If agricultural production is harmed during the busy farming season, the lost time fee shall be calculated with reference to twice the average income of rural residents in the previous year published by the local county (city) level statistics department. Third, the nursing expenses refer to the lost time expenses or the expenses of hiring necessary nursing staff due to nursing the victims. The calculation of nursing expenses should consider the number of nurses, nursing time and the legal income standard of nursing staff: (1) the number of nurses. Generally no more than two people. For those who still need nursing after hospitalization or discharge, the nursing staff is 1 person (2) nursing time. Limited to the period when the victim is completely unable to take care of himself due to injury. (3) The legal income standard of nursing staff. Generally, it should be calculated according to the legal income standard of the victim's lost time; If someone is hired to care, the compensation for nursing expenses shall be confirmed according to the local labor remuneration standard for nurses engaged in the same level of nursing. However, the maximum amount of compensation for labor expenses shall not exceed twice the average income of the service industry in the previous year announced by the statistical department at the county (city) level where the victim is located; If the victim is unable to recover his self-care ability due to disability and requests compensation for future nursing expenses, the nursing period can be calculated according to the difference between his actual age at the time of disability and the average life expectancy at the place where the court of appeal is located, but the minimum is not less than 5 years and the longest is not more than 20 years. If the cost of installing functional prosthesis has been awarded, the future nursing cost will not be considered. Four. Hospitalization food subsidies Hospitalization food subsidies refer to reasonable compensation for the food expenses of victims during their hospitalization. The hospitalization food allowance is based on the actual hospitalization time and calculated with reference to the standard of food allowance for ordinary state workers on business trips where the victim is located. V. Nutritional expenses The necessary nutritional expenses refer to the reasonable expenses paid by the victim for the purpose of adjuvant treatment to buy nutritious food that the victim really needs to supplement. The court determines whether to compensate according to the disability and the opinions of the treatment institution. The amount of compensation for nutrition expenses is generally ten to fifteen yuan per day; The time to pay the nutrition fee is calculated according to the actual period of recovery from injury and the need for supplementary nutrition. However, the maximum compensation period shall not exceed six months. Intransitive verb Transportation and Accommodation Transportation and accommodation for medical treatment refer to the expenses such as car, boat and accommodation that the victim and necessary nursing staff have to pay in the process of treating injuries. (1) Transportation expenses for medical treatment are generally confirmed by the actual amount of transportation tickets. The transport ticket should be consistent with the time and frequency of medical treatment and transfer. The train ticket fee and air ticket fee above the hard sleeper shall be determined according to the hard sleeper ticket fee; Fares above the second-class cabin are determined by the second-class cabin fare; However, reasonable compensation should be given to the transportation expenses of the victims who have to be hospitalized or transported by plane or chartered car because of serious injuries and need emergency rescue. (2) Hospitalization expenses. Generally, it is confirmed by the actual amount of the accommodation bill, which should be consistent with the time and frequency of medical treatment and transfer. The amount of compensation for the daily accommodation fee shall not exceed the standard of the daily accommodation fee for ordinary state workers on business trips where the victim is located. If it is really necessary for the victim to go to other places for treatment, the actual expenses incurred due to objective reasons, including accommodation and meals for the victim and nursing staff, shall be compensated. Seven. Disability appliance fee Disability appliance fee refers to the expenses spent by disabled people to configure functional or decorative disability appliances in order to restore limb function or make up for physical defects caused by injuries. If the victim requests compensation for the expenses of appliances for the disabled, he shall provide the certificate or expert opinion of the medical unit or the prosthetic production unit. The amount of compensation for disabled appliances is generally determined by the reasonable price of similar products of ordinary household appliances; The frequency of replacing appliances for the disabled should refer to the expert certificates of relevant departments, and be confirmed in combination with local actual living conditions and the remaining life of the victims. Reasonable expenses related to transportation, accommodation, etc. Appropriate compensation should also be given according to the degree of physical disability. Those who have lost the conditions for installing artificial limbs and demand compensation for the cost of installing artificial limbs will not be supported. The amount of compensation for prosthetic installation fees must be determined according to the price of ordinary household appliances of the disabled appliance preparation unit near the victim; The amount of compensation confirmed on the basis of the price of products produced or imported outside the mainland is generally not supported, except that it is lower than the price of ordinary household appliances. Eight, eight levels of disability compensation Eight levels of disability compensation, if the victim reaches the age of 50 when he is disabled, each additional year will be reduced by one year on the basis of twenty years; Sixty years of age or older are calculated by ten years; For those over 70 years of age, it shall be counted as five years. The compensation standard of disability compensation is generally calculated according to the disability level and the average living expenses of the previous year published by the statistics department at the county (city) level where the victim is located. Nine. Indirect victim support fee; Refers to the expenses necessary for people who have no other source of livelihood and rely on their actual support before the victim loses his ability to work, or who have other sources of livelihood after the victim loses his ability to support but are not enough to maintain the basic living standards of local residents. Compensation standard for indirect victims' alimony: (1) Calculated according to the average living expenses of the previous year published by the statistics department at the county (city) level where the victim is located, but not lower than the minimum living standard for local residents. (2) If the indirect victim has other dependents, he shall be compensated according to the victim's share. The unborn fetus is regarded as an indirect victim. If the indirect victim is a minor, he shall compensate the necessary expenses for receiving education. The compensation period for indirect victim's support: (1) If the dependent is a terminal adult, it shall be calculated from the date when the victim loses the ability to work to 18 years old; (2) If the dependent is an adult who has lost the ability to work, it is generally 20 years from the month when the victim lost the ability to work; If the indirect victim is over 50 years old, each additional year will be reduced by one year on the basis of 20 years; Sixty years of age or older are calculated by ten years; For those over 70 years of age, it shall be counted as five years. 10. Spiritual consolation money infringes on the natural person's right to health but is not disabled, and infringes on other rights or legitimate rights and interests of the natural person, which requires spiritual compensation, and is collectively referred to as spiritual consolation money; The amount of spiritual consolation money should be determined according to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Tort, and according to the fault of the infringer, the plot, influence and consequences of the infringement, the degree of mental damage caused to the victim, the specific social conditions of both parties and the attitude of the offender to admit his mistake. XI。 After the disability, the victim's request for future treatment expenses is generally not supported. Although the victim is not disabled, he claims compensation for future treatment expenses on the grounds that he still needs to continue treatment after discharge. If it is proved that it is not enough to determine the future treatment cost, it will generally not be supported; However, if the medical expenses incurred during the litigation after prosecution are supported by corresponding evidence, they can be audited and calculated according to the standard of medical expenses. Twelve, in addition to the above expenses, other expenses claimed by the victim, if it is really necessary to compensate after examination, should also be given reasonable compensation. If work-related injuries happen unfortunately, please go to a professional authority for work-related injury appraisal. After the appraisal results come out, you should apply for the compensation you deserve in accordance with the relevant management regulations. This should be the best solution after a work-related injury, and it should also be a solution that can minimize the loss.