Compensation standard of industrial injury insurance regulations

Regulations on Compensation for Work-related Injury Insurance Article 1 These regulations are formulated in order to ensure that employees receive medical treatment and economic compensation after suffering from accidents or occupational diseases at work, promote work-related injury prevention and vocational rehabilitation, and spread the risk of work-related injuries by employers. Article 2 Enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations in People's Republic of China (PRC) and individual industrial and commercial households with employees (hereinafter referred to as employers) shall participate in work-related injury insurance in accordance with the provisions of these Regulations and pay work-related injury insurance premiums for all employees or employees (hereinafter referred to as employees). Employees of enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations and employees of individual industrial and commercial households in People's Republic of China (PRC) have the right to enjoy treatment of industrial injury insurance in accordance with the provisions of these regulations. Article 3 The collection and payment of work-related injury insurance premiums shall be carried out in accordance with the provisions of the Interim Regulations on the Collection and Payment of Social Insurance Fees on the collection and payment of basic old-age insurance premiums, basic medical insurance premiums and unemployment insurance premiums.

Legal objectivity:

How to stipulate the compensation standard of work-related injury insurance: (1) What kind of treatment do employees enjoy if they are identified as first-class to fourth-class disabled due to work-related disability? According to the relevant provisions of Article 33 of the Regulations on Work-related Injury Insurance, if an employee is identified as a first-class to fourth-class disability due to work-related disability, he/she will retain his/her labor relationship, quit his/her post and enjoy the following benefits: 1. A one-time disability subsidy is paid by the industrial injury insurance fund according to the level of disability. The standards are: 24 months' salary for first-degree disability, 22 months' salary for second-degree disability and 20 months' salary for third-degree disability. 2. Pay the disability allowance monthly from the industrial injury insurance fund. 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 standard, the industrial injury insurance fund will make up the difference; 3, inductrial injury worker reached retirement age and retirement formalities, stop disability allowance, enjoy the basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference. Workers who are disabled due to work are identified as one to four levels of disability, and the employer and individual employees pay the basic medical insurance premium on the basis of disability allowance. (2) What kind of treatment do employees enjoy if they are identified as level 5 or level 6 disabled due to work-related disability? According to the relevant provisions of Article 34 of the Regulations on Work-related Injury Insurance, employees who suffer from work-related disability and are identified as Grade V or VI disability shall enjoy the following benefits: 1. One-time disability subsidy is paid by the industrial injury insurance fund according to the level of disability, and the standards are: level 5 disability 16 month salary, level 6 disability 14 month salary; 2. Maintain labor relations with the employer, and the employer will 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 employer shall pay the one-time medical subsidy for work-related injuries and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. (3) What kind of treatment do employees enjoy if they are identified as seven to ten disabled at work? According to Article 35 of the Regulations on Work-related Injury Insurance, employees who are disabled due to work-related injuries enjoy the following benefits: 1. One-time disability allowance is paid by the industrial injury insurance fund according to the level of disability. The standard is: the salary of the seventh disabled person 12 months, the salary of the eighth disabled person 10 months, and the salary of the ninth disabled person for 8 months. 2. If the labor contract expires, or the employee proposes to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy. Specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. (4) What kind of treatment does the employee's immediate family enjoy if he dies at work? According to the relevant provisions of Article 37 of the Regulations on Work-related Injury Insurance, if an employee dies at work, his immediate family members will 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: 1, and the funeral subsidies will be the six-month average salary of employees in the overall planning area; 2, dependent relatives pension according to a certain proportion of the wages of employees to provide the main source of income, no ability to work-related death relatives. 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. The specific scope of supporting relatives shall be stipulated by the administrative department of labor security of the State Council; 3. The standard of one-time work death subsidy is the average monthly salary of employees in the overall planning area from 48 months to 60 months. Specific standards shall be formulated by the people's government of the overall planning area according to the local economic and social development and submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record.