Provisions on industrial injury compensation in labor law

Provisions and compensation for work-related injuries in the labor law;

One, the worker has one of the following circumstances, should be identified as work-related injuries:

1, injured by accidents due to work during working hours and workplaces;

2, before and after working hours in the workplace, engaged in work-related preparations or finishing work by accident;

3. Being injured by violence and other accidents during working hours and workplaces due to the performance of duties;

4. Suffering from occupational diseases;

5. When going out to work, he is injured due to work reasons or the whereabouts of an accident are unknown;

6. Being injured by a traffic accident that is not my main responsibility or an urban rail transit, passenger ferry or train accident on the way to and from work;

7. Other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.

Two, after the occurrence of work-related injuries, first apply for work-related injuries, and the employer shall compensate the following:

1, medical expenses;

2, hospital food subsidies, transportation, accommodation;

3, auxiliary equipment costs;

4. Wages during paid shutdown;

5. Nursing expenses during paid shutdown;

6. One-time disability allowance;

7. One-time medical subsidy for work-related injuries and one-time disability employment subsidy.

Legal objectivity:

Work-related injury compensation, also known as work-related injury insurance benefits, refers to the compensation items and standards that workers and their relatives should enjoy according to law. If the employees of the employing unit suffer from work-related injuries during the period when they did not participate in work-related injury insurance, the employing unit shall pay the fees according to the treatment items and standards of work-related injury insurance stipulated in the Regulations on Work-related Injury Insurance. Mainly refer to laws, regulations and administrative regulations: industrial injury insurance regulations. Regulations: Measures for the implementation of industrial injury insurance in all provinces and municipalities directly under the Central Government; Interim measures for the implementation of industrial injury insurance for migrant workers in various provinces. Specific compensation items and standards (1) Medical expenses 1. Requirements: The expenses for work-related injury treatment 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. 2. Legal basis: Paragraph 3 of Article 29 of the Regulations on Industrial Injury Insurance. 3. Remarks: If the employer does not participate in work-related injury insurance, it is not necessary to go to a medical institution with a service agreement. (2) Hospitalization food allowance 1, standard: 70% of the food allowance standard for business trip of this unit. 2. Requirements: During hospitalization. 3. Legal basis: Paragraph 4 of Article 29 of the Regulations on Industrial Injury Insurance. 4. Remarks: If there is no food subsidy standard for business trip, please refer to the food subsidy standard for staff of local state organs. (3) Transportation expenses, room and board expenses 1, standard: food subsidy standard for employees of this unit on business trip. 2. Requirements: The medical institution shall issue a diagnosis certificate, and the handling institution shall agree that the injured workers shall seek medical treatment outside the overall planning area. 3. Legal basis: Paragraph 4 of Article 29 of the Regulations on Industrial Injury Insurance. (4) Rehabilitation treatment fee 1. Standard: The expenses for work-related injury treatment are in line with 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. Legal basis: Paragraph 6 of Article 29 of the Regulations on Industrial Injury Insurance. 3. Remarks: According to local regulations, rehabilitation treatment needs to be evaluated by experts organized by institutions. (5) Cost of assistive devices 1. Standards: Standards for the limits of assistive devices for work-related injuries in all provinces and municipalities directly under the Central Government. 2. Requirements: Artificial limbs, orthotics, artificial eyes, dentures, wheelchairs and other auxiliary devices are installed due to the needs of daily life or employment. 3. Legal basis: Article 30 of the Regulations on Industrial Injury Insurance. (6) Stop work with pay 1. Standard: The original salary and welfare benefits remain unchanged and will be paid by the unit on a monthly basis. 2. Requirements: Generally, the paid downtime shall not exceed 12 months; If the injury is serious or the situation is special, it may be appropriately extended upon confirmation by the Municipal Labor Ability Appraisal Committee with districts, but the extension time shall not exceed 12 months. Workers with work-related injuries who still need treatment after the expiration of paid shutdown shall continue to enjoy medical treatment for work-related injuries. 3. Legal basis: Article 3 1 of the Regulations on Industrial Injury Insurance. 4. Remarks: The paid shutdown period is determined according to the diagnosis certificate of medical institutions and the classified catalogue of paid shutdown in various places, but the determined departments and procedures are in accordance with local regulations. (7) Nursing fee 1, standard: (1) If nursing is needed during paid shutdown, the employer shall be responsible. (2) After assessment of disability, those who need nursing care and cannot take care of themselves completely shall be 50% of the average monthly salary of employees in the last year as a whole; Most people can't take care of themselves, and they should be co-ordinated according to 40% of the average monthly salary of ground workers; Some people can't take care of themselves, and plan as a whole 30% of the average monthly salary of ground workers; 2. Requirements: The living nursing fee is confirmed by the labor ability appraisal committee, and the injured workers enjoy it on a monthly basis. 3. Legal basis: Article 3 1 Paragraph 3 and Article 32 of the Regulations on Industrial Injury Insurance. (8) The first to fourth disability pension is 1. Standard: One-time disability allowance: 24 months' salary for first-class disability, 22 months' salary for second-class disability, 20 months' salary for third-class disability and 0/8 months' salary for fourth-class disability; Enjoy monthly disability allowance: 90% of my salary for first-degree disability, 85% for second-degree disability, 80% for third-degree disability and 75% for fourth-degree disability. If the actual amount of disability allowance is lower than the local minimum wage, make up the difference; 2. Requirements: Maintain labor relations and resign from work. Workers with work-related injuries who reach retirement age and go through retirement formalities will stop receiving disability allowance and enjoy basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, make up the difference. Employers and employees pay basic medical insurance premiums based on disability allowance. 3. Legal basis: Article 33 of the Regulations on Industrial Injury Insurance. 4. Remarks: My salary refers to the average monthly payment salary 12 months before work-related injury or occupational disease. 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. (9) Five-level and six-level disability pension 1. Standard: one-time disability allowance: level 5 disability 16 month salary, level 6 disability 14 month salary; Retain the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange the work, the employer will pay the disability allowance on a monthly basis. The five-level disability accounts for 70% of my salary, and the six-level disability accounts for 60% of my salary, and the employer will pay the social insurance premiums that should be paid according to the regulations. 2. Requirements: If the actual amount of disability allowance is lower than the local minimum wage, the employer will make up the difference. Upon the employee's own request, the employee may terminate or terminate the labor relationship with the employing unit, and the employing unit shall pay the one-time work-related injury medical subsidy and disability employment subsidy according to the average monthly salary of the employees in the overall planning area at the time of termination or termination of the labor relationship (the specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government). 3. Legal basis: Article 34 of the Regulations on Industrial Injury Insurance. 4. Remarks: My salary refers to the average monthly payment salary 12 months before work-related injury or occupational disease. 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. (10) Seven to ten levels of disability allowance 1, standard: one-time disability allowance: seven levels of disability 12 months' salary, eight levels of disability 10 months' salary, eight levels of disability/0/0 months' salary, and six months' salary for ten levels of disability; 2. Requirements: If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employing unit shall pay him a one-time medical subsidy for work-related injury and a one-time disability employment subsidy according to the average monthly salary of the employees in the overall planning area at the time of termination or termination of the labor contract (the specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government). 3. Legal basis: Article 35 of the Regulations on Industrial Injury Insurance. 4. Remarks: My salary refers to the average monthly payment salary 12 months before work-related injury or occupational disease. 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. (1 1) The treatment standard for work-related injury death is 1, and the funeral subsidy standard is: the average monthly salary of employees in the overall planning area last year is 6 months. 2, dependent relatives pension (1), according to a certain proportion of the employee's salary to provide the main source of livelihood and no ability to work relatives. (2) Spouse 40%, other relatives 30%, old people or orphans 10%. (3) The sum of the pensions approved for supporting relatives shall not be higher than the wages of employees who died at work. 3. Dependent relatives: (1), spouses, children, parents, grandparents, grandchildren, grandchildren, brothers and sisters of employees. (2) Children, including children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency, in which children born in wedlock and children born out of wedlock include posthumous children; (3), parents, including biological parents, adoptive parents and step-parents with dependency; (4) Brothers and sisters, including brothers and sisters of the same parents, half-brothers, half-brothers, and stepbrothers and sisters who are dependent. 4. The application conditions for supporting relatives' pensions depend on the main source of livelihood provided by the employees who died at work during their lifetime, and there are one of the following circumstances: (1) completely losing their ability to work; (2) The spouse of the deceased employee has reached the age of 60 for men and 55 for women; (3) The parents of the deceased employee, male over 60 years old and female over 55 years old; (4) The children of the deceased employees are under the age of 18; (five) the parents of the deceased employee have died, and the grandfather has reached the age of 60 and the grandmother has reached the age of 55; (six) the children of the deceased employees have died or completely lost their ability to work, and their grandchildren are under the age of 18; (7) The parents of the deceased employees have died or completely lost their ability to work, and their brothers and sisters are under the age of 18. 5. Stop enjoying pension benefits (1), reach the age of 18 and have not completely lost their ability to work; (2), employment or joining the army; (3) The spouse of the deceased employee remarries; (4) Being adopted by others or organizations; (5), dead. 6. Determine whether it meets the supported time. If an employee dies at work, the qualification of his dependent relatives to enjoy pension benefits shall be verified according to the conditions when the employee dies at work. 7. One-time work-related death allowance (1), the standard: the average monthly salary of employees in the overall planning area is 48 months to 60 months (2). Requirements: 1. The immediate family members of disabled employees who died during the paid suspension due to work-related injuries enjoy the funeral allowance, dependent family pension and one-time work-related death allowance stipulated in the first paragraph of this article; Two, one to four disabled workers died after the expiration of the suspension of work, you can enjoy the funeral subsidy in the first paragraph (a) of this article and the pension for dependent relatives as stipulated in the second paragraph. (12), the treatment standard for accidents due to going out for work or missing in emergency rescue and disaster relief 1, and the wages of employees who have accidents due to going out for work or missing in emergency rescue and disaster relief shall be paid within 3 months from the month of the accident; 2 from the fourth month to stop the payment of wages, by the industrial injury insurance fund to pay a monthly pension to support relatives. 3, life is difficult, you can advance 50% of the one-time death pension. 4. If an employee is declared dead by the people's court, it shall be handled in accordance with Article 37 of the Regulations on Industrial Injury Insurance.