What does the work injury certificate mean?

The work-related injury determination decision is a legal document that the Human Resources and Social Security Bureau qualitatively identifies the work-related injuries suffered by employees in accidents. Work-related injury identification is an administrative confirmation by the social insurance administrative department according to the authorization of the law whether the accidental injury (or occupational disease) of employees belongs to work-related injury or is regarded as work-related injury. It is a prerequisite for employees to enjoy work-related injury insurance benefits after accidental injuries and get relief through legal channels in case of disputes.

1. What are the compensation items for industrial accidents?

Treatment (medical treatment) expenses. The expenses for work-related injury treatment must conform to 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.

(2) Hospitalization food allowance. If an employee is hospitalized due to a work-related injury, the unit to which he belongs shall issue a hospital food subsidy according to 70% of the food subsidy standard of the unit on business trip.

(3) Transportation and accommodation expenses for medical treatment in different places. Medical institutions issue certificates and report them to the agency for approval. If the injured workers go to the outside of the overall planning area for medical treatment, the required transportation, accommodation and expenses shall be reimbursed by the unit according to the standard of employees' business trip.

(4) Rehabilitation expenses. The expenses for rehabilitation treatment of workers with work-related injuries to medical institutions that have signed service agreements shall be paid by the work-related injury insurance fund if they meet the provisions of the third paragraph of this article, such as the Catalogue of Work-related Injury Insurance Diagnosis and Treatment Items, the Catalogue of Work-related Injury Insurance Drugs and the Standards for Hospitalization Services of Work-related Injury Insurance.

(5) Expenses for assistive devices. Workers with work-related injuries may install artificial limbs, orthotics, artificial eyes, dentures and wheelchairs and other auxiliary devices due to their daily life or employment needs, and the required expenses shall be paid from the work-related injury insurance fund according to the standards stipulated by the state.

(6) wages during the paid period of shutdown. If an employee suffers from an accident or occupational disease at work and needs to be suspended from work to receive work-related injury medical treatment, the original salary and welfare benefits will remain unchanged during the paid suspension, and the unit where he works will pay him monthly.

(7) Living nursing expenses. Workers with work-related injuries who can't take care of themselves need care during the paid shutdown period, and their units are responsible for it. Workers with work-related injuries who have been assessed as disabled and confirmed by the labor ability appraisal committee need life care shall be paid by the work-related injury insurance fund on a monthly basis.

Life care fees are paid according to three different levels: completely unable to take care of themselves, mostly unable to take care of themselves or partially unable to take care of themselves, and their standards are 50%, 40% or 30% of the average monthly salary of employees in the overall planning area respectively.

(8) One-time disability allowance. The standard is: first-degree disability for 24 months, second-degree disability for 22 months, third-degree disability for 20 months, and fourth-degree disability 18 months; Grade five disability is my salary 16 months, grade six disability is my salary 14 months, grade seven disability is my salary 12 months, and grade eight disability is my salary 10 months; Grade 9 disability is my salary for 8 months, and grade 10 disability is my salary for 6 months.

(9) Disability allowance. Workers who are disabled due to work are identified as one to four levels of disability, and a one-time disability subsidy is paid by the industrial injury insurance fund according to the level of disability. The standards are: 24 months' salary for first-degree disability, 22 months' salary for second-degree disability, 20 months' salary for third-degree disability and 0/8 months' salary for fourth-degree disability. If an employee is identified as a five-level or six-level disability due to work-related disability, the labor relationship with the employer shall be retained, and the employer shall arrange appropriate work. If it is difficult to arrange the work, the employer shall pay the disability allowance monthly. The standard is: level 5 disability is 70% of my salary and level 6 disability is 60%.

(ten) one-time disability employment subsidy and one-time work-related injury medical subsidy. If an employee is identified as a five-level or six-level disability due to work-related disability, the employee may terminate or terminate the labor relationship with the employer, and the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy; If an employee is identified as disabled at level 7 to level 10 due to work-related disability, and the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer shall pay a 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.

(11) Funeral allowance. The funeral subsidy for workers' work-related death is the average monthly salary of workers in the last six months in the overall planning area.

(12) Pension for dependent relatives. The pension for the dependent relatives of the workers who died at work shall be paid to the relatives who provided the main source of livelihood and were unable to work during their lifetime according to a certain proportion of their wages. The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of labor security of the State Council.

(thirteen) a one-time work-related death grant. The standard of one-time work death subsidy is the average monthly salary of employees in the last year in the overall planning area from 48 months to 60 months. Specific standards shall be formulated by the people's government of the overall planning area according to the local economic and social development and submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record.

Note: The above-mentioned personal salary refers to the average monthly payment salary of 12 months for employees who suffer from accidents or occupational diseases at work. 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.

Second, the one-time compensation agreement template for industrial accidents

Party A (unit): * * Co., Ltd. Address:No. * * *

Legal Representative: * * *

Party B (worker): * * ID number: * * *

On May 6th, 20XX, 65438+8, Party B suffered an industrial accident caused by crushing his left finger in Party A's non-woven workshop. After treatment, I checked again and now I have recovered. In order to properly solve the problem of Party B's injury, Party A and Party B reached the following agreement through friendly negotiation on the principle of equality, voluntariness, mutual understanding and mutual accommodation:

1. All expenses actually incurred by Party B from the date of injury to the date of signing this agreement, such as medical expenses, hospital food subsidies, accommodation expenses, nutrition expenses, nursing expenses, transportation expenses and lost time expenses. , settled at one time, totaling 17000 yuan (in words: seventeen thousand yuan only).

2. Payment terms: Party A shall pay the above amount in cash before August 3 1 20XX.

3. After Party A and Party B sign this agreement, the labor relationship is terminated. At the same time, Party B promises not to ask Party A for any other expenses or bear any labor-related responsibilities in any form or for any reason. If Party B demands any expenses and responsibilities from Party A for any reason after receiving the one-time subsidy paid by Party A, Party B shall refund all the expenses paid by Party A to solve this matter, bear all the losses caused to Party A due to breach of contract, and pay 20% of the one-time subsidy as liquidated damages.

4. This agreement is the result of equal and voluntary negotiation between both parties, and it is the expression of the true meaning of both parties, which is fair and reasonable. Party A and Party B have correctly read and understood the full text of this agreement, and both parties understand the consequences involved in violating this agreement and are completely satisfied with the results of this agreement.

5. This agreement is a one-time termination, and both parties shall take this as a break, fully and conscientiously perform the contract, and shall not be entangled for any reason. Any physical or mental problems of Party B in the future have nothing to do with Party A. Both parties voluntarily abide by this agreement and promise not to be involved in each other in the future.

6. This Agreement is made in duplicate, with each party holding one copy. This agreement shall come into effect after being signed by both parties.

Signature of Party A: Signature of Party B:

Year, month, sun, moon, sun.

Witness:

Attachment: Copy of Party B's ID card

legal ground

Regulations on Work-related Injury Insurance Article 1 These regulations are formulated in order to ensure that employees receive medical treatment and economic compensation after suffering from accidents or occupational diseases at work, promote work-related injury prevention and vocational rehabilitation, and spread the risk of work-related injuries by employers.

Article 20 of the Regulations on Work-related Injury Insurance The administrative department of social insurance shall make a decision on work-related injury identification within 60 days from the date of accepting the application for work-related injury identification, and notify the employees who apply for work-related injury identification or their close relatives and the units where the employees work.

The administrative department of social insurance shall, within 15 days, make a work-related injury determination decision on the application with clear facts and clear rights and obligations.

If it is necessary to make a work-related injury determination decision according to the conclusion of the judicial organ or the relevant administrative department, the time limit for making a work-related injury determination decision shall be suspended during the period when the judicial organ or the relevant administrative department has not yet made a conclusion.

If the staff of the social insurance administrative department has an interest in the applicant for work-related injury identification, they should withdraw.