Compensation for silicosis for coal miners

After being diagnosed as an occupational disease by a local designated occupational disease medical institution, apply for work-related injury identification, and apply for disability appraisal after the injury is stable, and obtain corresponding compensation according to the disability appraisal level!

The canonical name for pneumoconiosis is pneumoconiosis, which is a systemic disease mainly caused by diffuse fibrosis (scarring) of lung tissue caused by long-term inhalation of productive dust (dust) during occupational activities and retention in the lungs. What is the standard of national compensation for this occupational pneumoconiosis? Let's take a look at the relevant content of the latest compensation standards for pneumoconiosis.

1. The latest compensation standard for pneumoconiosis.

Pneumoconiosis compensation standard: It is necessary to pass the work-related injury identification, and the general pneumoconiosis is between 5-6 work-related injuries

1) Retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall pay it on a monthly basis.

2) A one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard is: 16 months' salary for grade 5 disability and 14 months' salary for grade 6 disability.

Pneumoconiosis needs to be identified as an occupational disease first, and only those who are identified as an occupational disease can be compensated; The amount of compensation is determined according to the disability criteria.

Employees who are identified as grade 5 or grade 6 disability due to work-related disability shall enjoy the following benefits: (1) a one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard is: 16 months' personal salary for grade 5 disability and 14 months' personal salary for grade 6 disability; (2) Retain the labor relationship with the employer, and the employer shall arrange appropriate work.

Legal basis: Regulations on Work-related Injury Insurance Article 20 The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion. Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.

Legal Analysis: The standards for compensation for coal miners are as follows:

1) Medical expenses.

1. Standard: Paid from work-related injury insurance**.

2. Requirements: (1) In a medical institution that has signed a service service agreement**;

2) **The expenses required for work-related injuries shall meet the standards of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization services.

2) Food subsidy.

1. Standard: 70 of the food subsidy standard for business trips of the unit.

2. Requirements: During hospitalization.

3) Accommodation, board, and transportation expenses.

1. Standard: Reimbursement for business trips of employees in the unit.

2. Requirements: (1) The injured employee seeks medical treatment outside the overall planning area;

2) Issued a certificate by a medical institution and approved by the handling agency.

4) **** fee.

1. Standard: Paid from work-related injury insurance**.

2. Requirements: (1) The medical institution that has signed the service agreement shall carry out it;

2) Meet the list of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance.

5) Assistive device fee.

1. Standard: Pay from work-related injury insurance in accordance with the standards stipulated by the state.

2. Requirements: (1) Confirmed by the Labor Ability Appraisal Committee due to daily life or employment needs;

2) Fitting of assistive devices such as prostheses, orthoses, prosthetic eyes, dentures, and wheelchairs.

Legal basis: Article 30 of the Regulations on Work-related Injury Insurance Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.