Work injury 1-10 and compensation for work and death (2017 version), all coal mines please collect!

This article is based on the relevant provisions of the "Work Injury Insurance Regulations" and the latest statistical data summary, for reference in practice.

A 1-10 grade one-time disability benefits

According to the provisions of Articles 35, 36 and 37 of the Regulations on Industrial Injury Insurance, if an employee is identified as a disabled person at level 1 to 10 due to work-related disability, the work-related injury insurance fund shall pay for a one-time injury. The disability subsidy is as follows:

My salary: refers to the average monthly payment of wages for workers injured by work accidents due to work accidents or 12 months before occupational diseases. If the salary of the employee is higher than 300% of the average salary of the employees in the overall planning area, it shall be calculated according to 300% of the average salary of the employees in the overall planning area; if the salary is lower than 60% of the average salary of the employees in the overall planning area, the calculation shall be based on 60% of the average salary of the employees in the unified area (the same below) ).

Second, 1-6 disability allowance (by monthly)

According to Articles 35 and 36 of the Regulations on Industrial Injury Insurance, if an employee is identified as disabled from Grade 1 to Grade 6 due to work-related disability, the disability allowance is paid monthly. The criteria are as follows:

Note: 1) The 1-4 level disability allowance is paid by the work injury insurance fund. If the actual amount is lower than the local minimum wage standard, the difference will be made up by the work injury insurance fund;

2) The 5-6 level disability allowance shall be paid by the employer if it is difficult to arrange the work. If the actual amount of the disability allowance is lower than the local minimum wage, the employer shall make up the difference.

Third, 5-10 level one-time industrial injury medical subsidy and disability employment subsidy

1) One-time work injury medical subsidy: paid by the work injury insurance fund;

2) One-time disability employment subsidy: paid by the employer;

The above two gold standards are determined according to the level of disability. The work injury insurance regulations do not stipulate uniform standards. The specific standards authorize the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government to stipulate, generally based on a certain multiple of their wages. It can be consulted in the work injury insurance regulations or work injury insurance measures in each province (the regulations in Jiangsu Province are quite special, and the quota standards are adopted, see below).

For example: Guangdong Province one-time industrial injury medical subsidy and disability employment subsidy standard

One-time work injury medical subsidy:

One-time Disability Employment Grant:

The regulations in Jiangsu are quite special, and the quotas are adopted:

One-time work injury medical subsidy:

For workers with occupational diseases, the one-time medical injury medical subsidy is increased by 40% on the basis of the above criteria.

One-time Disability Employment Grant:

Jiangsu also stipulates that workers with work-related injuries who propose to terminate labor relations with the employer and terminate the labor relationship from the statutory retirement age of less than 5 years, the one-time industrial injury medical subsidy and one-time disability employment subsidy shall be implemented according to the following standards: For 5 years, pay 80% of the full amount; less than 4 years, pay 60% of the full amount; less than 3 years, pay 40% of the full amount; less than 2 years, pay 20% of the full amount In less than one year, it shall be paid in accordance with the full amount of 10%, except in the case of Article 38 of the Labor Contract Law of the People's Republic of China. If the statutory retirement age is reached or the retirement procedures are carried out in accordance with the regulations, the one-time industrial injury medical subsidy and the one-time disability employment subsidy will not be paid.

4. Shutdown salary

During the period of suspension of work and retention, the original wages and benefits are unchanged, and the units are paid monthly. The period of suspension of work is generally not more than 12 months. If the injury is serious or the situation is special, it may be extended by the municipal-level labor ability appraisal committee of the district, but the extension may not exceed 12 months.

Note: The mainstream practice in practice is based on the average salary for the 12 months prior to the injury.

Calculate whether overtime pay is included in the original wages for the period of work stoppage, and there are different practices in practice.

For example, Article 14 of the “Guidelines for the Judgment of the Shenzhen Intermediate People's Court on the Trial of Work-related Injury Insurance Treatment Cases” stipulates that the original wages and benefits for the period of suspension of work-staying are based on the average wages and benefits including overtime pay for the twelve months before the worker’s injury. The standard of treatment is determined.

"Shanghai High Court People's Court Research and Reference" ([2014] No. 15) tends to believe that the original wages during the period of suspension of work and retention should not include overtime pay.

Five, stop work and pay period care

If the workers who are unable to take care of themselves are required to take care of the work stoppage period, they shall be responsible for the work.

If the unit does not arrange for care, the unit pays the care fee. How to determine the standard of care fees? There is no uniform practice in all places.

For example, the "Regulations on Industrial Injury Insurance of Guangdong Province" stipulates that if the workers with work-related injuries are unable to take care of themselves during the period of suspension of work and wages, they shall be responsible for the work. If the unit does not send people for nursing care, it shall pay the nursing fee to the injured employee in accordance with the labor remuneration standard of the local nursing staff engaged in the same level of care.

Sixth, the nursing fee after the assessment

If the injured employee has already assessed the level of disability and has confirmed that he/she needs life care through the labor ability appraisal committee, he will pay the monthly living care fee from the work injury insurance fund.

7. Hospital food subsidies, transportation expenses, room and board expenses

The food subsidy for workers in hospitalized work-related injuries, as well as the certificate issued by the medical institution, the newspaper office agrees that the transportation, accommodation and food expenses for the injured workers to go to the co-ordination area are paid from the work-related injury insurance fund, and the specific criteria for fund payment are co-ordinated. The regulations of the local people's government.

Eight, medical expenses

The cost of treating a work-related injury is in accordance with the work injury insurance medical treatment project catalogue, the industrial injury insurance drug catalogue, and the industrial injury insurance hospitalization service standard, and is paid from the work injury insurance fund.

Medical expenses that exceed the standards of catalogues and services should be borne by workers in the workplace or by employers. At present, there are different practices in local treatment. In most areas, the employer does not bear the responsibility.

Nine, work injury rehabilitation fee

The cost of work-related injury rehabilitation for the injured employee to the medical institution signing the service agreement shall be paid from the work injury insurance fund if it meets the requirements.

X. Auxiliary equipment fee

Due to daily life or employment needs, workers injured by work can be confirmed by the Labor Ability Appraisal Committee. They can install prosthetic limbs, orthoses, fake eyes, dentures and wheelchairs. The required expenses are paid from the Work Injury Insurance Fund in accordance with the standards set by the State.

It should be noted that auxiliary equipment should generally be limited to the need to assist daily life and production labor, and adopt popular products in the domestic market. Workers with work-related injuries choose other models, and the cost is higher than the popular part, which is paid by the individual.

XI, work injury recurrence treatment

Workers with work-related injuries will relapse, and if they need treatment, they will be entitled to medical expenses for work-related injuries, auxiliary equipment, and wages for suspension of work.

Twelve, due to work death standards

According to the National Bureau of Statistics, in 2016, the per capita disposable income of urban residents nationwide was 33,616 yuan, a 7.8% increase over the previous year and a real increase of 5.6%. And this data directly affects the treatment of work and death.

According to Article 39 of the Regulations on Industrial Injury Insurance, employees who have died due to work, their close relatives receive funeral grants, dependent family pensions and one-off workers' death benefits from the Work Injury Insurance Fund in accordance with the following provisions.

Note: If the employer has participated in the work injury insurance, the above fees will be paid by the work injury insurance fund. If the work injury insurance is not taken, the employer will bear the responsibility.

Therefore, if the employee dies due to work, the close relatives can get three expenses, the funeral grant, the dependent relative pension and the one-time death benefit. The three cost criteria are as follows:

1. One-time work death subsidy: The standard is 20 times of the per capita disposable income of urban residents in the previous year. This standard will change every year, generally increasing by at least tens of thousands of dollars per year.

Formula: National per capita disposable income of urban residents × 20

According to the latest data released by the National Bureau of Statistics, the annual per capita disposable income of urban residents in 2016 was 33,616 yuan.

Therefore, the 2017 one-time work death subsidy standard is 33,616 yuan × 20 = 672,320 yuan.

Because the "Work Injury Insurance Regulations" was uniformly implemented throughout the country, the national unified standard for one-off work-stay subsidies in 2017 was 672,320 yuan, an increase of 48,420 yuan compared with the previous year's 623,900 yuan. This standard has no geographical distinction and a national uniform price.

2. Funeral Grant: The funeral grant is the average monthly salary of the employee in the previous year in the co-ordination area of ​​6 months. This standard will also change every year.

Formula: local social wages × 6;

For example, Beijing’s current social wage is 7,068 yuan, and the funeral subsidy is 7,068 yuan × 6 = 42,516 yuan.

3. Supporting relatives' pensions: According to a certain percentage of the employees' own wages, they are given to relatives who have provided the main source of life and no labor ability before the death of the employees due to work. The standard is 40% per month for spouses and 30% per month for other relatives. Individuals or orphans are increased by 10% per month on the basis of the above criteria. The sum of the pensions of the approved dependent relatives shall not be higher than the wages of the employees who died due to work;

Formula: Spouse: The deceased's own salary × 40% (paid monthly);

Other relatives: the deceased's own salary × 30% (per person per month);

Orphans or orphans: 10% increase based on the above criteria;

The sum of the above pensions for the initial verification shall be ≤ the monthly salary of the employee (calculated on a monthly basis).

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