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Shenzhen work injury compensation standard 2023

Legal subjective:

One, the first to the fourth level of disability treatment 1, the standard: a, one-time disability benefit: first-degree disability for 27 months of my salary, second-degree disability for 25 months of my salary, third-degree disability for 23 months of my salary, the fourth-degree disability for 21 months of my salary; b, the disability allowance: first-degree disability for 90% of my salary, second-degree disability for 85% of my salary; fourth-degree disability for 75% of my salary; 2, requirements: retain the labor relationship, quit the workplace. Disability allowance: 90% of my salary for first-degree disability, 85% of my salary for second-degree disability, 80% of my salary for third-degree disability, and 75% of my salary for fourth-degree disability. b. Requirements: retaining the labor relationship and withdrawing from the workplace. After the injured worker reaches the retirement age and goes through the retirement procedure, the disability allowance will be stopped and he/she will enjoy the basic pension insurance treatment. If the basic pension insurance treatment is lower than the disability allowance, the difference is made up. Employers and individual workers pay basic medical insurance premiums based on the disability allowance. Second, the fifth grade and sixth grade disability treatment 1, the standard: a, one-time disability benefit: fifth grade disability for 18 months of their own wages, sixth grade disability for 16 months of their own wages; b, the disability allowance: fifth grade disability for 70% of their own wages, sixth grade disability for 60% of their own wages 2, the requirements: to retain the labor relationship with the employer, the employer will arrange for appropriate work. If it is difficult to arrange work, the employer will pay a monthly disability allowance. If the actual amount of the disability allowance is less than the local minimum wage, the employer shall make up the difference.

Legal objective:

Shenzhen work injury compensation standards are as follows: First, medical insurance treatment (a) medical expenses "Work Injury Insurance Regulations" (hereinafter referred to as the same), article 30, paragraph 3 1, standard: from the Work Injury Insurance Fund to pay for 2, the requirements: (1) in the signing of the service service agreement for the treatment of health care institutions; (2) treatment of work injuries required to comply with the directory of diagnostic and therapeutic items of the Work Injury Insurance, (2) the costs required for treating the injury are in accordance with the catalog of diagnostic and treatment items, the catalog of medicines for work injury insurance, and the standard of hospitalization services for work injury insurance. 3. Remarks: If the employer does not participate in work injury insurance, it is not necessary to treat the injury in a medical institution with a service agreement. (ii) Meal allowance Article 30, paragraph 4 1. Standard: paid by the Work Injury Insurance Fund; 2. Requirement: during hospitalization.3. Remarks: The specific standard of payment by the fund is stipulated by the people's government of the co-ordinating region. (iii) Room and board and transportation expenses, Article 30, paragraph 4.1. Standard: paid by the Work Injury Insurance Fund; 2. Requirements: (1) if the injured worker goes outside the co-ordinated area for medical treatment; (2) upon the issuance of a certificate by the medical institution, and reported to the agency for consent. (iv) Rehabilitation treatment fee, Article 30, paragraph 6.1. Standard: paid from the Work Injury Insurance Fund.2. Requirements: in accordance with the regulations. (E) Auxiliary Apparatus Fees Article 32, 1. Standard: paid from the Work Injury Insurance Fund in accordance with the standards stipulated by the State.2. Requirements: (1) confirmed by the Labor Capacity Appraisal Committee due to the needs of daily life or employment; (2) installation of auxiliary apparatuses such as prosthetic limbs, orthopedic appliances, artificial eyes, dentures and configuration of wheelchairs (F) Suspension of Work with Remuneration Article 33, 1. Standard: the original wages and benefits remain unchanged, and are paid on a monthly basis by the unit in which the worker lives Including the worker's basic salary, overtime pay, bonuses, allowances and other all monetary income, generally calculated on the basis of their average salary before the injury.2. Requirements: (1) the period of work stoppage with pay is generally not more than 12 months; serious injuries or special circumstances, by the municipal Labor Capacity Appraisal Committee confirmed that it can be appropriately extended, but the extension shall not exceed 12 months. (2) If the injured worker still needs treatment after the period of work stoppage without pay has expired, he/she shall continue to enjoy the medical treatment for the work injury.3 Remarks: The period of work stoppage without pay is determined in accordance with the diagnostic certificates of the medical institutions and the classified catalogs of work stoppage without pay in each place, but the departments and procedures for determining the same shall be determined in accordance with the local provisions.4 (3) The period of work stoppage without pay shall not exceed 12 months. (vii) Living care expenses, Article 33 (3), Article 34 1. Standard: completely unable to take care of themselves, 50% of the average monthly salary of the workers on the co-ordinated site, most of them are unable to take care of themselves 40% of the average monthly salary of the workers on the co-ordinated site, some of them are unable to take care of themselves, 30% of the average monthly salary of the workers on the co-ordinated site. 2. Requirements: (1) If nursing care is needed during the period of suspension of work without pay, it shall be the responsibility of the unit in which the worker is employed; (2) The unit in which the worker is employed is responsible; (3) The unit that has been assessed the disability grade and confirmed by the Labor Capacity Appraisal Committee needs living care, from the Work Injury Insurance Fund to pay the monthly living care expenses (h) the cost of recurrence of work injuries Article 38 1, the standard: to enjoy the treatment of work injuries provided for in Article 30, Article 32 and Article 33 of the Regulations. 2, the requirements: the injured employee recurrence of work injuries to confirm the need for treatment of work injuries, the second standard of compensation for work-related injuries and disabilities: the person's salary, the The average monthly contribution salary of the 12 months before the injured employee suffered accidental injury at work or suffered from occupational disease. My salary is higher than 300% of the average wage of the employees in the integrated area, according to the 300% of the average wage of the employees in the integrated area; my salary is lower than 60% of the average wage of the employees in the integrated area, according to the 60% of the average wage of the employees in the integrated area. Shenzhen in 2009, the average annual wage of 46,723 yuan, the average monthly wage of 3,894 yuan, the 2010 statistics are not yet out. First to fourth level: the first option: retain labor relations, withdraw from the workplace, paid by the Industrial Injury Insurance Fund and paid monthly. Grade 1: one-time disability benefit (my salary) × 27 months disability allowance (my salary) × 90% Grade 2: one-time disability benefit (my salary) × 25 months disability allowance (my salary) × 85% Grade 3: one-time disability benefit (my salary) × 23 months disability allowance (my salary) × 80% Grade 4: one-time disability benefit (my salary) × 21 months Disability allowance (my salary) × 75% The second option: terminate the relationship of industrial injury insurance (labor relations), and the Industrial Injury Insurance Fund will pay a one-time payment according to the following standards. Level I: one-time disability benefit + one-time medical benefit (my salary) × 42 months' disability allowance (my salary) × 90% × 10 years' nursing fee (if nursing care is required, my salary) × 60% × 10 years Level II: one-time disability benefit + one-time medical benefit (my salary) × 39 months' disability allowance (my salary) × 85% × 10 years' nursing fee (if nursing care is required If you need nursing care, your own salary) × 50% × 10 years Grade 3: one-time disability benefit + one-time medical benefit (your own salary) × 36 months of disability allowance (your own salary) × 80% × 10 years Nursing fee (if you need nursing care, your own salary) × 40% × 10 years Grade 4: one-time disability benefit + one-time medical benefit (your own salary) × 33 months of disability allowance (your own salary) × 75% × 10 years Nursing fee (if you need nursing care, your own salary) × 10% × 10% × 10 years Grade 5: one-time medical benefit (my salary) × 33 months of disability allowance (my own salary) × 75% × 10 years Nursing fee (for those who require nursing care) × 10% × 10 years 75% × 10 years nursing fee (if nursing care is required, my salary) × 30% × 10 years Grade 5 to 6: the first option: one-time disability benefit is paid by the Industrial Injury Insurance Fund; if the labor relationship is retained and employment cannot be arranged, the disability allowance is paid by the unit Grade 5: one-time disability benefit (my salary) × 18 months of disability allowance (my salary) × 70% Grade 6: one-time disability benefit : (my salary) × 16 months disability allowance: (my salary) × 60% The second option: a one-time disability benefit is paid by the Work Injury Insurance Fund; the injured worker himself proposes to terminate or terminate the labor relationship, the termination of the labor relationship, a one-time medical benefits for work-related injuries are paid by the Work Injury Insurance Fund, and a one-time disability employment benefit is paid by the unit. Grade 5: one-time disability benefit (own salary) x 18 months one-time medical benefit for work injury (own salary) x 10 months one-time employment benefit for disability (own salary) x 50 months (total 78 months) Grade 6: one-time disability benefit: (own salary) x 16 months one-time employment benefit for disability: (own salary) x 40 months one-time medical benefit: (own salary) x 8 months Grade 7 to 10: one-time disability benefit is paid by the Work Injury Insurance Fund; if the labor or employment contract is terminated at the expiration of the term, or if the employee himself or herself proposes to terminate the labor or employment contract, the one-time medical benefit for the injury is paid by the Work Injury Insurance Fund upon termination of the labor relationship, and the one-time employment benefit for the disability is paid by the employer. Grade 7: one-time disability benefit: (own salary) x 13 months one-time disability employment benefit: (own salary) x 25 months one-time medical benefit: (own salary) x 6 months (total 44 months) Grade 8: one-time disability benefit: (own salary) x 11 months one-time disability employment benefit: (own salary) x 15 months one-time medical benefit: (own salary) x 4 months Grade 9: one-time disability benefit: (my salary) x 9 months one-time employment benefit: (my salary) x 8 months one-time medical benefit: (my salary) x 2 months (19 months) Grade 10: one-time disability benefit: (my salary) x 7 months one-time employment benefit: (my salary) x 4 months one-time medical benefit: (my salary) x 4 months one-time medical benefit: (my salary) x 4 months one-time medical benefit: (my salary) x 4 months one-time medical benefit: (my salary) x 4 months one-time medical benefit: (my salary) x 4 months one-time medical benefit: (my salary) x 4 months one-time medical benefit: (my salary) x 4 months one-time medical benefit: (my salary) x 4 months one-time medical benefit: (my salary) x 4 months one-time medical benefit: (my salary) x 4 months one-time medical benefit: (my salary) x 1 month (Salary) × 1 month (total 12 months) living care expenses of the city last year's social wage living care level 1 60% living care level 2 50% living care level 3 40% living care level 4 30% (the above is paid by the Workers' Compensation Insurance Fund) Note: The one-time disability benefit for level 1-10 is paid by the Social Security Fund. The one-time medical benefit for grades 1-10 is paid by the Social Security Fund. The one-time disability employment benefit is only available for grades 5-10 and is paid by the employer. Disability allowance: grades 1-4 are paid by the social security, grades 5-6 are paid by the employer. Living care expenses are paid by the social security fund. Third, compensation for work-related deaths: 1. Funeral grant: six months of the average monthly salary of employees in the city in the previous year (paid by the Work Injury Insurance Fund) 2. One-time compensation for work-related deaths: 20 times the per capita disposable income of urban residents nationwide in the previous year. (Paid by the Work Injury Insurance Fund) 3. Pension: 40% of the employee's own salary for spouses, 30% for other relatives, and 10% for orphans and orphaned old people on the basis of the above standards, but the total shall not be higher than the employee's own salary. (Paid by the Workmen's Compensation Insurance Fund)