Social Security Work Injury Identification Standard and Compensation

Legal analysis: standard: social security compensation for work-related injuries is a one-time payment of disability subsidies according to disability levels. In China, it is classified according to the industrial injury insurance regulations, and the disability level is divided into one to ten levels. The standard of work-related injury compensation is determined by the results of work-related injury appraisal, and the compensation is calculated according to the legal calculation method of work-related injury compensation. The result of work-related injury appraisal determines the standard of work-related injury compensation, and based on the result of work-related injury appraisal, the final compensation amount of workers is calculated.

Compensation: the compensation standard of industrial injury social security, also called the treatment standard of industrial injury insurance. Compensation expenses for work-related injuries include: treatment (medical treatment) expenses, food subsidies for hospitalization, transportation and accommodation expenses for medical treatment in different places, rehabilitation treatment expenses, assistive devices expenses, wages during the period of shutdown with pay, living care expenses, one-time disability subsidies, disability subsidies, one-time disability employment subsidies and one-time medical subsidies for work-related injuries. In addition, there are funeral subsidies, pensions for dependent relatives, and one-time work-related death subsidies.

Legal basis: Article 35 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 and quit his/her post, and enjoy the following benefits: (1) A one-time disability allowance will be paid from the work-related injury insurance fund according to the disability level, with the standards as follows: first-class disability for 27 months, second-class disability for 25 months, third-class disability for 23 months and fourth-class disability; (2) A monthly disability allowance will be paid from the work-related injury insurance 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. 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. Article 36. Workers who are disabled due to work and are identified as five or six levels of disability enjoy the following benefits: (1) A one-time disability subsidy is paid by the industrial injury insurance fund according to the disability level. The standard is: level 5 disability is my salary 18 months, and level 6 disability is my salary 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. (1) The industrial injury insurance fund shall pay a one-time disability subsidy according to the disability level, with the standards as follows: level 7 disability 13 months, level 8 disability 1 1 month, level 9 disability for 9 months and level 10 disability for 7 months. (two) the expiration of the labor employment contract, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a 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. The above is the content of work-related injury identification and compensation standards. If you are injured at work in your life, you must apply for work-related injury identification. Those who have not been recognized as work-related injuries or have not been recognized as work-related injuries cannot enjoy work-related injury insurance benefits.