What are the subsidies for coal pneumoconiosis 2017 identification of grade 4 work related injuries?

The salary of the employee who calculates the one-time disability allowance refers to the average salary paid by the injured employee in the 12 months before the accident injury, and has nothing to do with the appraisal time. Article 64 of the Regulations on Work-related Injury Insurance: The term "total wages" mentioned in these Regulations refers to the total amount of labor remuneration paid directly by an employer to all employees of the employer. For the purposes of these Regulations, the term "personal wages" refers to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by work.

If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.

According to the Regulations on Work-related Injury Insurance, employees who are injured at work and are identified as having a fourth-grade disability shall enjoy the following benefits:

1. If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug catalog, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**;

2. The work-related injury insurance** shall pay the hospital meal subsidy according to the standards stipulated by the province or city;

3. Confirmed by the Labor Ability Appraisal Committee, the cost of installing medical equipment shall be paid by the work-related injury insurance** according to the prescribed standard;

4. If the employee suspends work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension and salary, and shall be paid by the unit on a monthly basis;

5. The employer is responsible for the nursing care during the period of hospitalization when you are unable to take care of yourself;

6. Pay a one-time disability subsidy from work-related injury insurance** for 21 months' salary;

7. The labor ability appraisal fee shall be paid by the work-related injury insurance**;

8. Retain the labor relationship, quit the job, and pay the disability allowance from the work-related injury insurance** according to 75% of the person's salary, and the actual amount of the disability allowance is lower than the local minimum wage standard, and the work-related injury insurance** will make up the difference; The employer and the individual employee shall pay the basic medical insurance premium based on the disability allowance.

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.

9. The work-related injury insurance** shall pay the living care allowance on a monthly basis according to the standard confirmed by the Labor Ability Appraisal Committee.

Personal wages refer to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases at work.

If the employer does not participate in work-related injury insurance, the employer shall pay all expenses.

According to the national standard "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability", the first stage of pneumoconiosis should be assessed as a grade 7 disability, and if accompanied by other injuries, it can be assessed as a grade 4 disability. Stage 1 pneumoconiosis, normal lung function constitutes grade 7 disability; Stage 1 pneumoconiosis with mild impairment of lung function and/or mild hypoxemia constitutes a grade 6 disability.

If the pneumoconiosis is stage 1 and the lung function is normal, it is a grade 7 disability. Under normal circumstances, if a person suffers from an occupational disease, the employer shall not terminate the labor contract. If it is really necessary to be lifted, there are differences in the compensation standards in various places, so it is difficult to say the specific compensation standards.

There are differences in the Regulations on Work-related Injury Insurance issued by various provinces, autonomous regions and municipalities directly under the Central Government. It can only be used for reference, and the specific regulations and standards must be implemented in accordance with the "Regulations on Work-related Injury Insurance" issued by the locality. The company is only responsible for a one-time disability employment grant.

The rest is the responsibility of the social security department. The following are examples of Guangdong and Jiangsu. Cantonese:

If an employee is identified as having a disability of grade 7 to 10 due to work-related disability, a one-time disability subsidy shall be paid by the work-related injury insurance**, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability.

If an employee with a disability of grade 7 to grade 10 dissolves or terminates the labor relationship with the employer in accordance with the law, the work-related injury insurance shall pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy to terminate the work-related injury insurance relationship

1) One-time medical subsidy for work-related injuries. The standard is: six months' salary for grade 7 disability, four months' salary for grade 8 disability, two months' salary for grade 9 disability, and one month's salary for grade 10 disability.

2) One-time disability employment subsidy. The standard of Iwachi Town is: 25 months' salary for grade 7 disability, 15 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 4 months' salary for grade 10 disability.

Jiangsu: When an employee is identified as a grade 5 to 10 disability due to work-related disability, and terminates or terminates the labor relationship with the employer in accordance with the provisions of the "Regulations", the work-related injury insurance shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy. The benchmark criteria for a lump sum medical benefit for work-related injuries are:

200,000 yuan for the fifth grade, 160,000 yuan for the sixth grade, 120,000 yuan for the seventh grade, 80,000 yuan for the eighth grade, 50,000 yuan for the ninth grade, and 30,000 yuan for the tenth grade. The benchmark standard for the one-time disability employment subsidy is 950,000 yuan for level 5, 850,000 yuan for level 6, 450,000 yuan for level 7, 350,000 yuan for level 8, 250,000 yuan for level 9, and 150,000 yuan for level 10.

Legal analysis: pneumoconiosis patients enjoy the following work-related injury insurance benefits: the cost of installing and configuring disability assistive devices; Medical expenses and expenses for work-related injuries; For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; Transportation, accommodation and transportation expenses for medical treatment outside the co-ordination area; Hospitalization meal subsidy; Other.

1. What are the specific contents of the payment of work-related injury insurance benefits?

The payment content of work-related injury insurance benefits specifically includes medical expenses and expenses for work-related injuries, hospital meal subsidies, transportation and accommodation expenses for medical treatment outside the overall planning area, expenses for installing and configuring disability assistive devices, and one-time medical subsidies for those who cannot take care of themselves, living care expenses confirmed by the Labor Ability Appraisal Committee, and termination of labor contracts.

2. What is the scope of work-related injury insurance?

Work-related injury insurance has the following expenses: (1) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability allowance and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

3. How to deal with the driver's buried injury.

The expenses incurred by the driver's work-related injury shall be paid from the work-related injury insurance** in accordance with the regulations

1. Medical expenses and expenses for work-related injuries;

2. Hospitalization meal subsidy;

3. Transportation and accommodation expenses for medical treatment outside the overall planning area;

4. The cost of installing and configuring assistive devices for the disabled;

5. For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6. One-time disability subsidy and monthly disability allowance for disabled employees of grades 1 to 4.

Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China.

The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries;

(2) Subsidies for in-hospital meals;

(3) Transportation and lodging expenses for medical treatment outside the overall planning area;

(4) The cost of installing and configuring assistive devices for the disabled;

(5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

(7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

(8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members;

(9) Labor ability appraisal fee.

Legal analysis: Second-stage pneumoconiosis is a fourth-grade disability, and patients are usually in dust-filled places for a long time, due to inhalation of a large amount of dust, resulting in the accumulation of dust in the alveoli under the peripheral bronchi, and after a period of time, changes in the lungs form fibrosis foci. The degree of impact of pneumoconiosis on the working ability of workers should be identified according to the stage of X-ray diagnosis of pneumoconiosis, the degree of lung function impairment and the degree of dyspnea.

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.

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 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.

There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.

Stage I pneumoconiosis, with normal lung function constituting a grade 7 disability; Stage I pneumoconiosis with mild impairment of lung function and/or mild hypoxemia constitutes grade 6 disability. The CDC examines the first phase of pneumoconiosis, and the disability level must be determined by the Labor Ability Appraisal Committee.

For grade 7 disability, work-related injury insurance** pays a one-time disability allowance of 13 months' salary. The termination or dissolution of the labor contract shall be paid a one-time medical subsidy by the work-related injury insurance**, and the employer shall pay a one-time employment subsidy, and the specific standards shall be stipulated by each province or municipality.

For grade 6 disability, work-related injury insurance** pays a one-time disability allowance of 16 months' salary. Retain the labor relationship and arrange appropriate work by the employer; If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis at the rate of 60% of the employee's salary and not lower than the local minimum wage until retirement, and the employer shall pay all social insurance premiums payable for the employee in accordance with the regulations.

There is no specific provision on the time from the identification of the second phase of coal workers' pneumoconiosis to the payment of compensation. Refer to the Regulations on Work-related Injury Insurance below

Article 25 The labor ability appraisal committee at the level of a city divided into districts shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.

Article 26 If the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee at the districted city level, it 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.

Article 28 After one year from the date of the conclusion of the appraisal of working ability, if the injured employee or his close relatives, his unit or the handling agency believe that his or her disability has changed, he or she may apply for a review and appraisal of his or her working ability.

Pneumoconiosis is an occupational disease, and compensation is generally obtained within one quarter after obtaining the appraisal certificate.

It is not clear how many levels of work-related injuries there are, but as long as you go to the hospital for your medical expenses in the future, all medical expenses will be fully reimbursed, and there are such examples around me. However, the people who have pneumoconiosis here are very old, and now the coal mine has good dust prevention, and I have not heard of anyone suffering from pneumoconiosis.