How to compensate for work-related injury social security

Legal analysis: if an employee is identified as a first-class or fourth-class disability due to work, he/she will retain his/her labor relationship, quit his/her post and enjoy the following benefits:

(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The standard is: 27 months' salary for first-degree disability, 25 months' salary for second-degree disability, 23 months' salary for third-degree disability and 2 1 month salary for fourth-degree disability.

(2) Pay the disability allowance from the industrial injury insurance fund on a monthly basis. The standard is: 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, the difference will be made up by the industrial injury insurance fund. Workers who are identified as five or six disabled due to work shall enjoy the following benefits:

(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The standard is: my salary is level 5 disability 18 months, level 6 disability 16 months;

(two) to retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange a job, the employer will pay a monthly disability allowance. The standard is: level 5 disability is 70% of my salary, level 6 disability is 60% of my salary, and the employer shall pay the social insurance premium that should be paid according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.

Upon the employee's own proposal, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance fund shall pay the one-time medical subsidy for work-related injuries, and the employer shall pay the one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

(3) After the workers with work-related injuries reach retirement age and go through retirement formalities, they will stop paying disability benefits and enjoy basic old-age insurance benefits in accordance with state regulations. If the basic old-age insurance benefits are lower than the disability benefits, the industrial injury insurance fund will make up the difference.

Legal basis: People's Republic of China (PRC) Social Insurance Law.

Article 38 The following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations:

(a) medical expenses and rehabilitation expenses for the treatment of work-related injuries;

(2) Hospitalization food subsidies;

(three) transportation and accommodation expenses for medical treatment outside the overall planning area;

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

(five) life can not take care of themselves, confirmed by the labor ability appraisal committee of life care costs;

(6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV;

(seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;

(8) Funeral grants, dependent relatives' pensions and work-related death grants received by survivors of work-related deaths;

(nine) labor ability appraisal fee.

Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with state regulations:

(a) wages and benefits during the treatment of work-related injuries;

(two) the monthly disability allowance for disabled employees of Grade 5 and Grade 6;

(3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums according to law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund.

The industrial injury insurance benefits paid in advance from the industrial injury insurance fund shall be repaid by the employer. If the employer fails to repay, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.