General workers compensation standards, general workers compensation standards

Work-related injury compensation standards, also known as work-related injury insurance treatment standards. It refers to the compensation items and standards that employees who are injured at work and the relatives of employees who have died at work shall enjoy in accordance with the law. It can be divided into two parts: one-time disability allowance and disability allowance, which are calculated according to the number of months of salary and the percentage of salary according to the level of disability.

The standard of work-related injury compensation is clearly stipulated by the Regulations on Work-related Injury Insurance and the work-related injury insurance regulations of the province, autonomous region or municipality directly under the Central Government.

In the event of a work-related injury, the employer shall first apply for work-related injury determination: If an employee is injured in an accident, the employer shall apply to the Human Resources and Social Security Bureau for work-related injury recognition within 30 days. If the employer fails to apply, the injured employee shall apply within one year from the date of the accident.

When applying, you need to provide: application form for work-related injury determination, proof of existence of labor relationship, medical diagnosis certificate and other materials.

Secondly, you should apply for labor ability appraisal: after the injury is stable, you can apply to the Municipal Labor Ability Appraisal Committee. When applying, you need to provide: relevant materials such as work-related injury determination decision and work-related injury medical treatment.

After the completion of the work-related injury determination and labor ability appraisal procedures, the specific compensation standard can be determined. In this case, the injured employee can negotiate with the employer on work-related injury compensation; If the negotiation fails, you can apply to the labor dispute arbitration commission for labor arbitration.

Legal basis: Regulations on Work-related Injury Insurance

Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.

Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.

Labor Dispute Mediation and Arbitration Law

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal analysis: work-related injury compensation standard: % or 30% of the average monthly salary of employees in the overall planning area in the previous year shall be paid as living care expenses according to the self-care disability; The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year; The standard of one-time work-related death allowance is 20 times the per capita disposable income of urban residents in the previous year; Other.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 30 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**.

The general workers' compensation standards mainly include:

1. Medical expenses;

2. ** fee;

3. Food subsidy, in principle, is the food expense during hospitalization;

4. Transportation and accommodation expenses;

5. Nursing expenses;

6. Wages during the period of suspension of work;

7. One-time disability subsidy;

8. Disability allowance;

9. One-time disability subsidy. If the injured employee reaches retirement age and goes through the retirement procedures, the disability allowance will be suspended and the basic pension insurance benefits will be enjoyed.

1. Summary of the wage standards of labor contracts in state-owned enterprises.

Regarding work-related injury benefits: those who have not determined the disability are entitled to the following benefits: medical expenses.

Hospitalization meal allowance. Transportation, accommodation and food expenses. The cost of sex.

Assistive device fees. Nursing fees. Wages and benefits.

If the disability level is determined after the disability evaluation, in addition to enjoying the above 1 to 7 benefits, it will be treated in three situations: if the person is identified as a first-level to fourth-level disability, the labor relationship shall be retained, the job will be withdrawn and the following benefits shall be enjoyed: a one-time disability subsidy shall be paid according to the disability level from the work-related injury insurance**.

Disability allowance is paid on a monthly basis from work-related injury insurance**, and if the actual amount of disability allowance is lower than the local minimum wage standard, the work-related injury insurance** shall make up the difference. After the injured employee reaches the retirement age and goes through the retirement procedures, the disability allowance will be suspended and the basic pension insurance benefits will be enjoyed. If the basic pension insurance treatment is lower than the disability allowance, the difference shall be made up by the work-related injury insurance**.

2. How to compensate for work-related injuries.

If an employee suffers a work-related injury, he or she shall receive the corresponding compensation according to the level of disability evaluation. For example, if an employee is disabled in the first degree, the employee can enjoy a one-time disability allowance of 27 months' salary. Monthly disability allowance of 90% of my salary.

After the injured employee reaches the retirement age and goes through the retirement procedures, the disability allowance shall be suspended, and the basic old-age insurance treatment shall be enjoyed in accordance with the provisions of the state, and the basic old-age insurance treatment shall be made up by the work-related injury insurance if the basic old-age insurance treatment is lower than the disability allowance.