According to what are the principles of work related injury insurance and what are the basic princip

Article 39 of the Regulations on Work-related Injury Insurance If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

1. Funeral subsidy: 6 months of the average monthly salary of employees in the overall area in the previous year.

40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly or orphan who is alone or orphaned. The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department.

3. One-time work-related death subsidy: the standard is 20 times the per capita disposable income of urban residents in the previous year. (In 2010, the per capita disposable income of urban residents was 19,109 yuan, and in 2009, the per capita disposable income of urban residents was 17,175 yuan).

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article. Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

Employees who are injured by accidents or suffer from occupational diseases due to work are guaranteed medical treatment and economic compensation, promote work-related injury prevention and occupational protection, and disperse the risk of work-related injuries to employers.

The main principles of work-related injury insurance are: the principle of non-liability compensation, risk sharing, the principle of mutual assistance, and the principle of individual non-payment. Employers shall pay work-related injury insurance premiums on time. Individual employees do not pay work-related injury insurance premiums.

1. Is the social security paid by self-employed individuals generally the same as the social security of the unit?

The social security paid by an individual is different from that paid by an employer. Individual workers can pay social insurance premiums directly to the social insurance premium collection agency as a flexible employee, but can only pay pension insurance premiums and pension insurance premiums. The employer pays the work-related injury insurance premium, but the employee does not pay the work-related injury insurance premium; Employers pay maternity insurance premiums in accordance with state regulations, and employees do not pay maternity insurance premiums.

2. Is work-related injury insurance paid by employees individually?

If the individual employee does not pay the work-related injury insurance premium, the employer shall pay the work-related injury insurance premium on time. The amount of work-related injury insurance premiums paid by an employer is the product of the total wages of its employees multiplied by the employer's contribution rate. For industries that are difficult to pay work-related injury insurance premiums according to the total salary, the specific way of paying work-related injury insurance premiums shall be prescribed by the social insurance administrative department.

3. What should I do if I have no work-related injury insurance during work?

According to the laws of China, the employer shall pay the work-related injury insurance premium, and the employee shall not pay the work-related injury insurance premium. If the employer to which the employee works fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

Article 4 of the Regulations on Work-related Injury Insurance stipulates that the employer shall publicize the relevant information on the participation in work-related injury insurance within the unit. Employers and employees shall abide by the laws and regulations on work safety and the prevention and treatment of occupational diseases, implement safety and health regulations and standards, prevent the occurrence of work-related accidents, and avoid and reduce the hazards of occupational diseases. When an employee suffers a work-related injury, the employer shall take measures to ensure that the injured employee receives timely treatment.

Legal analysis: work-related injury insurance is the earliest social insurance in the world, and the legislation on work-related injury insurance in various countries is also the most complete and widespread. The main principles followed by the implementation of work-related injury insurance in various countries are roughly as follows:

the principle of non-liability compensation; the principle of risk sharing, mutual assistance and mutual assistance; the principle of non-payment by individuals; distinguish between work-based and non-work-based principles; the principle of combining compensation and prevention; the principle of centralized management; the principle of one-time compensation and the principle of long-term compensation; Principles for determining the level of disability and occupational diseases; The principle of distinction between direct economic loss and indirect loss. Among them, the principle of non-liability compensation is the most important, which determines the characteristics of the work-related injury insurance law. The so-called principle of non-liability compensation refers to the principle that when an employee suffers a work-related accident, the victim should unconditionally receive a certain amount of economic compensation, regardless of whether the responsibility for the accident belongs to the employee himself.

At present, China's current "Regulations on Work-related Injury Insurance" has absorbed most of the principles of the international Congzhou Lord, but it is still not perfect.

Legal basis: Article 4 of the Regulations on Work-related Injury Insurance The employer shall publicize the relevant information on the participation in work-related injury insurance in the employer. Employers and employees shall abide by the laws and regulations on production safety and the prevention and treatment of occupational diseases, implement safety and health regulations and standards, prevent work-related accidents from occurring, and avoid and reduce occupational disease hazards.

When an employee suffers a work-related injury, the employer shall take measures to ensure that the injured employee receives timely treatment.

The principle of compulsory enforcement, the principle of combining guarantee and compensation, the principle of socialization, the principle of burden on the enterprise and the principle of differential rates.

Work-related injury insurance refers to the accidental injury or occupational disease suffered by the worker at work or under specified special circumstances.

A social insurance system in which workers or their surviving family members receive material assistance from the State and society in the event of temporary or permanent incapacity for work and death.

Extended Materials: Applying for Labor Ability Appraisal.

What documents should be submitted?

According to the Regulations on Work-related Injury Insurance.

The application for labor ability appraisal shall be submitted to the work-related injury determination.

Decisions and relevant information on the medical treatment of employees' work-related injuries. The decision on the determination of work-related injuries is a written decision made by the administrative department for labor and social security in accordance with the provisions of national policies and regulations to determine whether an employee's injury or occupational disease falls within the scope of work-related injuries and whether it meets the basic conditions for work-related injuries. The relevant information on the medical treatment of employees' work-related injuries refers to the information about the illness, medical records, and conditions of the injured employees recorded by the hospital in the process of being injured by an accident or suffering from an occupational disease in a medical institution designated by the work-related injury insurance.

Based on this, the labor ability appraisal agency examines whether the injured employee's injury is in a stable state and whether the labor ability appraisal can be conducted.

What is the Labor Ability Review Appraisal?

The review and appraisal of working ability refers to the injured employee or his immediate family members one year after the date of the conclusion of the working ability appraisal.

If the unit or handling agency to which the person belongs believes that the disability has changed, it shall submit an application to the Labor Ability Appraisal Committee for a review and appraisal of the disability, and the Labor Ability Appraisal Committee shall conduct an appraisal in accordance with national standards and make a conclusion on the appraisal of the working ability.

How to understand the two-level finality of labor ability appraisal.

System? According to the Regulations on Work-related Injury Insurance, the appraisal of labor ability shall be made by the labor ability appraisal committee of the city divided into districts; If they are not satisfied with the appraisal conclusion, they may submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion. The labor ability appraisal conclusions made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government are the final conclusions.

Answer: Blank. The establishment of a two-level appraisal form in the appraisal of labor ability is mainly to provide the applicant with a remedial channel for re-appraisal. Because there may be a situation where the appraisal is unfair or the applicant subjectively believes that the conclusion of the appraisal is not objective and fair, providing the applicant with the opportunity to re-appraise not only reflects the scientific nature of the labor ability appraisal in terms of procedure, but also reflects the fairness of the labor ability appraisal work.

If the applicant submits an application to the labor ability appraisal committee at the next higher level after 15 days, the labor ability appraisal committee at the higher level may refuse to accept the application on the grounds that the statute of limitations has expired. At the same time, the appraisal conclusion of the Labor Ability Appraisal Committee is non-actionable.

Legal analysis: The main principles of work-related injury insurance are: the principle of non-liability compensation, risk sharing, the principle of mutual assistance, and the principle of individual non-payment. Employers shall pay work-related injury insurance premiums on time. Individual employees do not pay work-related injury insurance premiums.

Legal basis: Regulations on Work-related Injury Insurance Article 4 The employer shall make public the relevant information on the participation in work-related injury insurance in the unit. Employers and employees shall abide by laws and regulations related to production safety and prevention and treatment of occupational diseases, implement safety and health regulations and standards, prevent work-related accidents, and avoid and reduce occupational disease hazards.

When an employee is injured in a working state, the employer shall take measures to ensure that the injured employee receives timely treatment.