Generally speaking, in addition to medical expenses, what compensation does the factory have, such as how to calculate the lost time?

This is the procedure for lawyers to handle cases. The compensation items in all provinces and cities in China are the same, but the amount is different. The following standards are for reference only. It is recommended to consult a local labor lawyer.

20 14 Linyi industrial injury compensation standard

Where an employee of an employer suffers work-related injuries during the period when he/she has not participated in the work-related injury insurance, the employer shall implement it in accordance with the Regulations on Work-related Injury Insurance and the Measures for the Implementation of Items and Standards for Payment of Work-related Injury Insurance in Shandong Province.

Administrative regulations: Regulations on Industrial Injury Insurance

Provisions: Implementation Measures of Shandong Province (Lu [2011] No.25)

Specific compensation items and standards

(1) medical expenses

1. Requirements: 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;

2. Legal basis: Article 30, paragraphs 1, 2 and 3 of the Regulations on Industrial Injury Insurance;

3. Remarks: If the employer does not participate in work-related injury insurance, it is not necessary to go to a medical institution with a service agreement.

(2) Hospitalization food allowance

(a) the standard of food subsidies during hospitalization

1, Linyi 2 1.3 yuan; 42.6 yuan outside the city.

2. Requirements: During hospitalization.

3. Legal basis: Article 30 (4) of the Regulations on Industrial Injury Insurance;

4. Remarks: "Linyi City implements the first paragraph of Article 10 of the Implementation Measures.

(3) Transportation and accommodation expenses

1, standard: payment shall be made according to the standard stipulated by each overall planning area.

2. Requirements: The medical institution shall issue a diagnosis certificate, and the handling institution shall agree that the injured workers shall seek medical treatment outside the overall planning area;

3. Legal basis: Article 30 (4) of the Regulations on Industrial Injury Insurance;

4. Remarks: "Linyi City implements the second paragraph of Article 10 of the Implementation Measures.

(4) Rehabilitation treatment fee

1. standard: the expenses for treating work-related injuries conform to the Catalogue of Work-related Injury Insurance Diagnosis and Treatment Items, the Catalogue of Work-related Injury Insurance Drugs and the Work-related Injury Insurance Hospitalization Service Standard;

2. Requirements: Go to the medical institution that signed the work-related injury rehabilitation service agreement.

3. Legal basis: Article 30 (6) of the Regulations on Industrial Injury Insurance.

(5) Expenses for assistive devices

1, standard: the project and expense limit standard of industrial injury AIDS in Shandong Province.

2. Requirements: Employees with work-related injuries or their immediate family members shall apply to the local labor ability appraisal institution for configuration confirmation with work-related injury identification conclusion, medical diagnosis certificate and relevant medical records.

3. Legal basis: Article 3 1 of the Regulations on Work-related Injury Insurance, Interim Measures for the Allocation and Management of Aids for Workers with Work-related Injury in Shandong Province, and Items and Expenses Standards for Aids for Workers with Work-related Injury in Shandong Province.

4. Remarks: The agreed assistive devices allocation institution shall allocate assistive devices for workers with work-related injuries according to the agreed allocation items and standards. If it exceeds the standard, no payment will be made.

(6) paid shutdown

1, standard: the original salary and welfare are unchanged, and the unit will pay it monthly;

2. Requirements: Generally, the paid downtime shall 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.

3. Legal basis: Article 33 of the Regulations on Industrial Injury Insurance; "Shandong province to carry out the measures for the implementation of article 2 1.

(7) Nursing expenses

1, standard: if you can't take care of yourself during the paid shutdown, the employer shall be responsible, and if the employer has no responsibility, it shall be calculated according to the actual nursing staff's lost time;

2. Requirements: During the paid shutdown, people cannot take care of themselves and need to be taken care of;

3. Legal basis: Article 33, paragraph 3, and Article 34 of the Regulations on Industrial Injury Insurance.

(8) Living nursing expenses

1. standard: Pay according to three different levels: life can't take care of itself at all, most of life can't take care of itself or some of life can't take care of itself. The standard is 50%, 40% or 30% of the average monthly salary of employees in Linyi last year (4260 yuan).

2. Requirements: Workers with work-related injuries are assessed as disabled and need life care as confirmed by the labor ability appraisal committee.

3. Legal basis: Article 34 of the Regulations on Industrial Injury Insurance.

(nine) one to four levels of disability treatment

1. General standard: one-time disability allowance: 27 months salary for first-class disability, 25 months salary for second-class disability, 23 months salary for third-class disability and 2 1 month salary for fourth-class disability; Enjoy monthly disability allowance: 90% of my salary for first-degree disability, 85% for second-degree disability, 80% for third-degree disability and 75% for fourth-degree disability. If the actual amount of disability allowance is lower than the local minimum wage, make up the difference.

2. Requirements: Maintain labor relations and resign from work. Workers with work-related injuries who reach retirement age and go through retirement formalities will stop receiving disability allowance and enjoy basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, make up the difference. Employers and employees pay basic medical insurance premiums based on disability allowance.

3. Legal basis: Article 35 of the Regulations on Industrial Injury Insurance; Article 22 of the Measures for the Implementation of Shandong Province; Article 23.

4. Remarks: The adjustment measures of disability allowance for workers with work-related injuries from Grade I to Grade IV shall be formulated by the administrative department of human resources and social security of the province in conjunction with the financial department in a timely manner according to the changes in the average wages and living expenses of workers in the province.

(ten) five or six levels of disability treatment.

1, standard: (1) One-time disability allowance: my salary is level 5 disability 18 months, level 6 disability 16 months; Retain the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange the work, the employer will pay the disability allowance on a monthly basis. The five-level disability accounts for 70% of my salary, and the six-level disability accounts for 60% of my salary, and the employer will pay the social insurance premiums that should be paid according to the regulations. (2) Disabled employees can voluntarily terminate or terminate the labor relationship with the employer, and receive a one-time medical subsidy for work-related injuries according to the average monthly salary of employees in the co-ordination area in the previous year: 22 months for level 5 disability and 0/8 months for level 6 disability/kloc-. One-time disability employment subsidy: 36 months for level 5 disability and 30 months for level 6 disability.

2. Requirements: Maintain labor relations with the employer, and the employer will arrange appropriate work. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.

3. Legal basis: Article 36 of the Regulations on Industrial Injury Insurance; "Shandong Province implements Article 24 and Article 25 1 of the Implementation Measures; Paragraph 3.

4. Remarks: (1) If the employee is diagnosed as an occupational disease, the one-time medical subsidy for work-related injury will be increased by 50% on the basis of the above standards; (two) when the employee and the employer terminate or terminate the labor contract; If it is less than 5 years away from the statutory retirement age, the one-time disability employment subsidy will be reduced by 20% every year. If it is less than 1 year from the statutory retirement age, it will be paid at 10% of the total amount of one-time disability employment subsidy; Those who have reached the statutory retirement age or gone through retirement formalities according to regulations will not be granted one-time medical subsidies for work-related injuries and one-time employment subsidies for the disabled. (3) My salary refers to the average monthly payment salary of the injured workers 12 months before they suffer from 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. (Linyi City's average salary in 20 14 years is 5 1 120 yuan, and the average monthly salary is 4,260 yuan; The average salary of Linyi in 20 13 years is 40299 yuan, with an average monthly salary of 3358.25 yuan; The average wage of Linyi employees in 20 12 years is 37,448, and the average monthly wage is 3 120.66 yuan). (4) In 2065438+04, the monthly minimum wage in lanshan district, luozhuang and Hedong districts of Linyi City was adjusted to 1350, and the hourly minimum wage was 13.5 yuan. The monthly minimum wage in Yinan, Tancheng, Yishui, Lanling, Feixian, Pingyi, Junan, Mengyin and Linshu is 1.2 yuan, and the hourly minimum wage is 1.2 yuan. (5) In 2013 years, the average annual salary of Linyi employees was 44,373 yuan, and the average monthly salary was 3,697.75 yuan.

(eleven) seven to ten levels of disability benefits.

1, standard: (1) One-time disability subsidy: 7-level disability 13 months salary, 8-level disability 1 1 month salary, 9-level disability salary, 10-level disability salary for 7 months; (2) If the disabled employees dissolve or terminate the labor relationship with the employer according to law, they shall pay a one-time medical subsidy for work-related injuries according to the average monthly salary of employees in the last year in the overall planning area: level 7 disability 13 months; Grade 8 disability 10 month; Grade 9 disability is 7 months; Grade 10 disability is 4 months; Pay a one-time disability employment subsidy: 20 months for seven-level disability; Grade 8 disability 16 months; Grade 9 disability 12 months; Grade 10 disability is 8 months.

2. Requirements: If the labor contract expires or the employee proposes to terminate the labor contract, the industrial injury insurance fund will pay the one-time medical subsidy for work-related injuries, and the employer will pay the one-time disability employment subsidy.

3. Legal basis: Article 37 of the Regulations on Industrial Injury Insurance; The second, third and fourth paragraphs of Article 25 of the Measures for the Implementation of Shandong Province.

4. Remarks: (1) If the employee is diagnosed as an occupational disease, the one-time medical subsidy for work-related injury will be increased by 50% on the basis of the above standards; (2) When the employee with work-related injury dissolves or terminates the labor contract with the employer, if the legal retirement age is less than 5 years, the one-time disability employment subsidy will be reduced by 20% every full year 1 year. If it is less than 1 year from the statutory retirement age, it will be paid at 10% of the total amount of one-time disability employment subsidy; Those who have reached the statutory retirement age or gone through retirement formalities according to regulations will not be granted one-time medical subsidies for work-related injuries and one-time employment subsidies for the disabled.

(12) Treatment standard for work-related injury death

1, standard:

(1) Funeral grant

Standard: the average monthly salary of employees in the overall planning area last year was 6 months;

Remarks: Linyi's monthly average is 3697.75 yuan.

(2) Pension for dependent relatives

First, according to a certain proportion of the employee's own salary, it is distributed to the relatives who provided the main source of livelihood and were unable to work during their lifetime.

Second, spouse 40%, other relatives 30%, widowed elderly or orphans 10%.

Third, the sum of the approved pensions for dependent relatives shall not be higher than the wages of employees who died at work.

(3) One-time compensation for work-related injury death

First, the standard: last year, the per capita disposable income of urban residents in China was 20 times. (In 20 13 years, the per capita disposable income of urban residents nationwide was 26,955 yuan. ) 26955 yuan *20 times =539 100 yuan.

2. Requirements: First, the immediate family members of disabled employees who died during the period of work-related injury suspension with pay enjoy funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies; Second, disabled workers of Grade 1 to Grade 4 who die after the expiration of suspension with pay can enjoy funeral subsidies and pensions for dependent relatives.

2. Legal basis: Article 39 of the Regulations on Industrial Injury Insurance; Article 28 of the Measures for the Implementation of Shandong Province.

3. Remarks:

First, the scope of supporting relatives.

& lt 1 & gt； Employee's spouse, children, parents, grandparents, grandparents, grandchildren, grandchildren, brothers and sisters.

& lt2> Children include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency, among which, children born in wedlock and children born out of wedlock include posthumous children;

& lt3> Parents, including biological parents, adoptive parents and stepparents with dependency;

& lt4> Brothers and sisters, including brothers and sisters of the same parents, half-brothers, half-brothers, and stepbrothers and sisters who have a relationship of support.

Second, the conditions for supporting relatives to apply for pensions

Relying on the workers who died at work to provide their main source of livelihood before their death, and having one of the following circumstances: (1) completely losing their ability to work; (2) The spouse of the deceased employee has reached the age of 60 for men and 55 for women; (3) The parents of the deceased employee, male over 60 years old and female over 55 years old; (4) The children of the deceased employees are under the age of 18; (five) the parents of the deceased employee have died, and the grandfather has reached the age of 60 and the grandmother has reached the age of 55; (six) the children of the deceased employees have died or completely lost their ability to work, and their grandchildren are under the age of 18; (7) The parents of the deceased employees have died or completely lost their ability to work, and their brothers and sisters are under the age of 18.

Third, stop enjoying pension benefits.

& lt 1 & gt； At least 18 years old and not completely incapacitated;

& lt2> Employ or join the army;

& lt3> The spouse of the deceased employee remarries;

& lt4> is adopted by others or organizations;

& lt5> is dead.

Fourth, determine whether it meets the qualification time for being supported.

If an employee dies at work, the qualification of his dependent relatives to enjoy pension benefits shall be verified according to the conditions when the employee dies at work.

(1) The pension for dependent relatives is adjusted every year according to the average wage growth of employees in the overall planning area in the previous year, and it will not be adjusted when the average wage of employees in the overall planning area is negative;

(2) If he reappears after being declared dead, he shall return the pension for supporting relatives and the one-time work-related death subsidy.

(thirteen) the accident handling standards for missing persons who go out for work or in emergency rescue and disaster relief.

1, standard:

(1) If an employee has an accident while going out to work or his whereabouts are unknown during emergency rescue and disaster relief, he will be paid as usual within 3 months from the month of the accident;

(2) from the fourth month, wages will be stopped, and the pension for supporting relatives will be paid by the industrial injury insurance fund on a monthly basis.

(3) If the life is difficult, you can advance 50% of the one-time work-related death subsidy.

(4) If an employee is declared dead by the people's court, it shall be handled in accordance with Article 39 of the Regulations on Industrial Injury Insurance.

2. Legal basis: Article 4 1 of the Regulations on Industrial Injury Insurance.