Job Recruitment Website - Social security inquiry - What compensation can I apply for if I fail to pay social security and have a work-related injury?
What compensation can I apply for if I fail to pay social security and have a work-related injury?
If an employee has a work-related injury but the employer has not purchased work-related injury insurance, the employer will pay the following work-related injury insurance benefits: food subsidies for employees in hospital; Medical expenses and rehabilitation expenses for work-related injury treatment; Life can not take care of themselves, the labor ability appraisal Committee confirmed the cost of life care; When the labor contract is terminated or dissolved according to law, one-time medical subsidy shall be enjoyed.
The calculation standard of industrial injury compensation is as follows:
1. If the work-related disability is identified as Grade I to Grade IV disability, the one-time disability subsidy standard: Grade I disability is my salary for 27 months, Grade II disability is my salary for 25 months, Grade III disability is my salary for 23 months, and Grade IV disability is my salary for 2 1 month;
2. If the employee's work-related disability is identified as level 5 or level 6 disability, the one-time disability subsidy standard is: level 5 disability is my salary 18 months, and level 6 disability is my salary 16 months;
3. Employees whose work-related disability is identified as Grade 7 to Grade 10 are entitled to the following benefits: one-time disability subsidy standard: Grade 7 disability 13 months salary, Grade 8 disability 1 1 month salary, Grade 9 disability 9 months salary and Grade 10 disability 7 months salary;
4. If an employee dies at work, his close relatives shall receive funeral subsidies, dependent relatives' pensions and one-time death subsidies from the industrial injury insurance fund in accordance with the following provisions.
To sum up, the industrial injury insurance benefits advanced by 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.
Legal basis:
Article 4 1 of the Social Insurance Law
If the employer fails to pay the work-related injury insurance premium according to law and an industrial accident occurs, the employer shall pay the 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.
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