My father is 59 years old. He was injured at work in Tang Wei with a monthly salary of 3,000 yuan. The factory did not buy work-related injury insurance, and now the work-related injury appraisal is l

My father is 59 years old. He was injured at work in Tang Wei with a monthly salary of 3,000 yuan. The factory did not buy work-related injury insurance, and now the work-related injury appraisal is level 7 disability. How much can I pay? Hello, if you sue for industrial injury compensation, you need to do the following work:

First of all, prove that there is a legal labor relationship between them; (material: 2. When the employer has not signed a labor contract with the employee and determines that there is a labor relationship between the two parties, it may refer to the following documents:

(a) payment vouchers or records (payroll), the payment of various social insurance premiums;

(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;

(3) Employment records such as Registration Form and Application Form filled out by employees;

(4) attendance records;

(5) Testimonies of other workers, etc.

Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer)

Secondly, apply for work-related injury identification;

If the employer does not apply, employees, relatives and trade unions may also apply for work-related injury identification within 1 year.

Materials required:

(a) the application form for work-related injury identification;

(2) proof of labor relations;

(3) medical diagnosis certificate

(4) the accident certificate issued by the traffic police.

1. Article 10 of the Labor Contract Law of People's Republic of China (PRC): To establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. Article 7 An employing unit shall establish labor relations with laborers from the date of employment. The employing unit shall establish a roster of employees for future reference.

Second, the "measures for the implementation of industrial injury insurance for enterprise employees" Article 9 "On the prescribed time and the only commuting route, a road traffic motor vehicle accident that is not my responsibility or my main responsibility occurs.

I. 1- 10 one-time disability allowance.

According to the provisions of Article 35, Article 36 and Article 37 of the Regulations on Work-related Injury Insurance, if an employee's work-related disability is identified as level 1 to level 10 disability, a one-time disability subsidy will be paid by the work-related injury insurance fund. The criteria are as follows:

First-degree disability

My salary is ×27 months.

Secondary disability

My salary is ×25 months

Third-degree disability

My salary is ×23 months

Grade 4 disability

My salary is× 21month.

Five-level disability

My salary is x18 months.

Six-level disability

My salary is x16 months.

Seven-level disability

My salary is ×1March.

Eight-level disability

My salary is × 1 1 month.

Grade 9 disability

My salary is ×9 months.

10 disability

My salary is x 7 months.

My salary: refers to the average monthly payment salary of the injured employee before 12 months due to work-related accidents or occupational diseases. 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 (the same below).

II. Disability allowance at level 1-6 (monthly)

According to the provisions of Articles 35 and 36 of the Regulations on Work-related Injury Insurance, if an employee is identified as a level 1 to level 6 disability due to work-related disability, the disability allowance will be paid monthly. The criteria are as follows:

First-degree disability

My salary is × 90%

Secondary disability

My salary is × 85%

Third-degree disability

My salary is × 80%

Grade 4 disability

My salary is × 75%

Five-level disability

My salary is × 70%

Six-level disability

My salary is × 60%

Note: 1) 1-4 Disability allowance is paid by the industrial injury insurance fund. If it is actually lower than the local minimum wage, the industrial injury insurance fund will make up the difference;

2) Grade 5-6 disability allowance shall be paid by the employer in case it is difficult to arrange work. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.

3, 5- 10 level one-time work-related injury medical subsidy and disability employment subsidy

1) One-time medical subsidy for work-related injuries: paid by the work-related injury insurance fund;

2) One-time disability employment subsidy: paid by the employer;

The above two gold standards are determined according to the level of disability. There is no uniform standard in the Regulations on Industrial Injury Insurance. The specific standards are authorized by the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, and are generally calculated by a certain multiple of my salary. You can refer to the industrial injury insurance regulations or industrial injury insurance measures of various provinces (the regulations in Jiangsu Province are special and adopt the quota standard, see below).

For example, Guangdong Province's one-time industrial injury medical subsidy and disability employment subsidy standards.

One-time medical subsidy for work-related injuries:

Five-level disability

My salary is × 10 month

Six-level disability

My salary is ×8 months.

Seven-level disability

My salary is ×6 months

Eight-level disability

My salary is ×4 months.

Grade 9 disability

My salary is ×2 months

10 disability

My salary is × 1 month.

One-time disability employment subsidy:

Five-level disability

My salary is x 50 months.

Six-level disability

My salary is x 40 months.

Seven-level disability

My salary is ×25 months

Eight-level disability

My salary is x15 months.

Grade 9 disability

My salary is ×8 months.

10 disability

My salary is ×4 months.

Jiangsu's regulations are quite special, and the quota standard is adopted:

One-time medical subsidy for work-related injuries:

Five-level disability

0.20 million yuan

Six-level disability

65438+600,000 yuan

Seven-level disability

65438+200,000 yuan

Eight-level disability

80 thousand yuan

Grade 9 disability

50 thousand yuan

10 disability

30 thousand yuan

For employees suffering from occupational diseases, the one-time medical subsidy for work-related injuries is increased by 40% on the basis of the above standards.

One-time disability employment subsidy:

Five-level disability

95 thousand yuan

Six-level disability

85 thousand yuan

Seven-level disability

45 thousand yuan

Eight-level disability

35 thousand yuan

Grade 9 disability

Twenty-five thousand yuan

10 disability

65438+500,000 yuan

Jiangsu also specifically stipulates that if an injured employee proposes to terminate the labor relationship with the employer, and the legal retirement age is less than 5 years after the termination of the labor relationship, the one-time medical subsidy for work-related injuries and the one-time disability employment subsidy will be implemented according to the following standards: less than 5 years, 80% of the full amount will be paid; Less than 4 years, 60% of the total payment; Less than 3 years, according to the full payment of 40%; Less than 2 years, according to the total payment of 20%; If it is less than 1 year, it shall be paid according to 10% of the total amount, except for the circumstances stipulated in Article 38 of the Labor Contract Law of People's Republic of China (PRC). Those who have reached the statutory retirement age or gone through retirement formalities in accordance with the regulations will not be granted one-time medical subsidies for work-related injuries and one-time employment subsidies for the disabled.

Fourth, wages are paid during the shutdown period.

During the paid shutdown, the original wages and benefits will remain unchanged and will be paid by the unit on a monthly basis. The paid shutdown period generally does 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.

Note: In practice, the mainstream practice is to determine according to the average salary of 12 months before work injury.

Whether overtime pay is included in the calculation of original wages and benefits during paid shutdown is different in practice.

For example, as stipulated in Article 14 of the Guidelines of Shenzhen Intermediate People's Court on Trial of Work-related Injury Insurance Cases, the original wages and benefits during the paid shutdown period are determined according to the average wages and benefits including overtime pay in the twelve months before the work-related injury.

The investigation reference of Shanghai Higher People's Court Minyiting ([20 14]No. 15) tends to think that overtime pay should not be included in the original salary during paid shutdown.

Five, shutdown with pay period of nursing

Workers with work-related injuries who can't take care of themselves need care during the paid shutdown period, and their units are responsible for it.

If the unit does not arrange nursing, the nursing fee shall be paid by the unit. How to determine the standard of nursing expenses? There is no uniform practice everywhere.

For example, the Regulations of Guangdong Province on Industrial Injury Insurance stipulates that the employer shall be responsible for the work-related injury workers who cannot take care of themselves during the paid shutdown period. If the unit does not send people to nurse, it shall pay the nursing fee to the injured employee according to the local labor remuneration standard for nurses engaged in the same level of nursing.

Six, nursing expenses after disability assessment

Workers with work-related injuries who have been assessed as disabled and confirmed by the labor ability appraisal committee need life care shall be paid by the work-related injury insurance fund on a monthly basis.

Life can't take care of itself at all

Social wage × 50%

Most people cannot take care of themselves.

Social wage × 40%

Part of life can't take care of itself

Social wage × 30%

Seven, hospital food subsidies, transportation, accommodation.

Food subsidies for hospitalization of workers with work-related injuries, and certificates issued by medical institutions and approved by agencies. The transportation and accommodation expenses required for workers with work-related injuries to seek medical treatment outside the overall planning area shall be paid by the work-related injury insurance fund, and the specific standards for fund payment shall be stipulated by the people's government of the overall planning area.

Eight, medical expenses

If the expenses required 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, they shall be paid from the work-related injury insurance fund.

Medical expenses beyond the catalogue and service standards shall be borne by the injured workers or employers. At present, local practices are different, and the practice in most areas is that employers do not bear it.

Nine, work-related injury rehabilitation fees

The expenses for work-related injury rehabilitation treatment for workers with work-related injuries to medical institutions that have signed service agreements shall be paid by the work-related injury insurance fund if they meet the requirements.

X. Cost of auxiliary equipment

Workers with work-related injuries may install artificial limbs, orthotics, artificial eyes, dentures and wheelchairs and other auxiliary devices due to their daily life or employment needs, and the required expenses shall be paid from the work-related injury insurance fund according to the standards stipulated by the state.

It should be noted that assistive devices should generally be limited to the needs of assisting daily life and productive labor, and adopt products popular in the domestic market. Workers with work-related injuries choose other types of products, and the cost is higher than the popular part, which is paid by individuals.

XI。 Treatment of recurrence of industrial injury

Workers with work-related injuries who need treatment for the recurrence of work-related injuries are entitled to work-related injury medical expenses, assistive devices fees and wages during shutdown.

Twelve. Treatment standard of work-related injury death

Statistics from the National Bureau of Statistics show that in 20 16, the per capita disposable income of urban residents in China was 336 16 yuan, an increase of 7.8% in nominal terms and 5.6% in real terms. And this data directly affects the handling of work-related injuries and deaths.

According to the provisions of Article 39 of the Regulations on Work-related Injury Insurance, if an employee dies at work, his close relatives shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the work-related injury insurance fund in accordance with the following provisions.

Note: If the employer has participated in work-related injury insurance, the above expenses shall be paid by the work-related injury insurance fund; If not, all costs will be borne by the employer.

Therefore, if an employee dies at work, his close relatives can get three expenses, namely, funeral allowance, pension for supporting relatives and one-time death allowance. The three expense standards are as follows:

1. One-time work-related death allowance: the standard is 20 times of the per capita disposable income of urban residents in the previous year. This standard will change every year, and generally it will increase by at least tens of thousands of yuan every year.

Formula: Per capita disposable income of urban residents in China ×20.

According to the latest data released by the National Bureau of Statistics, the per capita disposable income of urban residents in China in 20 16 was 336 16 yuan.

Therefore, the standard of one-time work death subsidy for 20 17 years is 336 16 yuan× 20 = 672,320 yuan.

Because the "Regulations on Work Injury Insurance" is uniformly implemented throughout the country, the national unified standard of one-time work-related death subsidy for 20 17 is 672,320 yuan, an increase of 48,420 yuan compared with 623,900 yuan last year. There is no geographical distinction in this standard, and the price is unified throughout the country.

2. Funeral allowance: Funeral allowance is the average monthly salary of employees in the overall planning area for 6 months. This standard will also change every year.

Formula: local social wage × 6;

For example, the current social wage in Beijing is 7086 yuan, and the funeral subsidy is 7086 yuan× 6 = 42516 yuan.

3. Dependent relatives pension: paid to the relatives of the deceased employees who were unable to work and provided the main source of livelihood according to a certain proportion of their wages. The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work;

Formula: spouse: the salary of the deceased ×40% (paid monthly);

Other relatives: the salary of the deceased ×30% (per person per month);

Lonely elderly or orphans: increase by10% on the basis of the above standards;

At the time of initial approval, the sum of the above pensions shall be ≤ the monthly salary of employees (calculated on a monthly basis).

Note: The above standards are based on the latest industrial injury insurance regulations and the latest statistical data.

I hope it helps you.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.