Social security compensation standard for work-related injuries

Legal analysis: The compensation standard of work-related injury insurance specifically includes: medical expenses, food subsidies for hospitalization, transportation and accommodation expenses for accompanying personnel, rehabilitation and assistive devices, wages during shutdown with pay, living nursing expenses, one-time disability subsidies, disability subsidies, one-time disability employment subsidies, one-time work-related injury medical subsidies, funeral subsidies and adopted relatives' pensions.

Legal basis: Regulations on Industrial Injury Insurance

(1) One-time disability allowance shall be paid by the industrial injury insurance fund according to the level of disability. The standards are: 27 months for first-class disability, 25 months for second-class disability, 23 months for third-class disability and 2 1 month for fourth-class 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 industrial injury insurance fund will make up the difference. (3) Workers with work-related injuries who have reached retirement age and gone through retirement formalities will stop paying disability allowances and enjoy basic old-age insurance benefits in accordance with state regulations. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference. If an employee is identified as one to four disabled due to work-related disability, the basic medical insurance premium shall be paid by the employer and individual employees on the basis of disability allowance.

Article 36 Employees who are disabled due to work and are identified as level 5 or level 6 disability shall enjoy the following benefits: (1) One-time disability subsidy shall be paid by the industrial injury insurance fund according to the disability level, with the standard as follows: level 5 disability is my salary 18 months, and level 6 disability is my salary 16 months; (2) Maintain labor relations 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.

(1) The industrial injury insurance fund will pay a one-time disability allowance according to the level of disability. The standards are: level 7 disability salary 13 months, level 8 disability salary 1 1 month, and level 9 disability salary for 9 months. I 10 level disability 7 months salary (2) If the labor employment contract expires or the employee proposes to terminate the labor employment 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. 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.

Thirty-eighth workers who need treatment for the recurrence of work-related injuries shall enjoy the treatment of work-related injuries stipulated in Articles 30, 32 and 33 of these Regulations.

Article 39 If an employee dies at work, his close relatives shall receive funeral subsidies, pension for supporting relatives and one-time death subsidies from the industrial injury insurance fund in accordance with the following provisions: (1) The funeral subsidies shall be six months of the average monthly salary of employees in the overall planning area last year; (2) The pension for dependent relatives should be paid to the relatives who provided the main source of livelihood and were unable to work before the employee died. 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 social insurance of the State Council (3) The standard of one-time work-related death subsidy is 20 times of the per capita disposable income of urban residents in the previous year. If a disabled employee dies at work during the period of paid suspension, his close relatives shall enjoy the treatment stipulated in the first paragraph of this article. If a disabled worker of Grade 1 to Grade 4 dies after the expiration of his unpaid leave, his close relatives may enjoy the treatment specified in Items (1) and (2) of the first paragraph of this article.