Shenzhen social security work injury compensation standards

Shenzhen latest work injury compensation standards need to be based on the "Work Injury Insurance Regulations" and "Shenzhen Special Economic Zone Work Injury Insurance Regulations" to calculate and determine the standard. Regulations on Work-Related Injury Insurance (you can search online) Regulations on Work-Related Injury Insurance of the Shenzhen Special Economic Zone Chapter III Treatment of Work-Related Injury Insurance Article 15 Employees shall be entitled to the treatment of work-related injury insurance provided for under these Regulations if they are in one of the following situations: (a) injured, disabled, or killed while engaged in the production and work tasks specified in the labor contract in the employing unit; (b) engaged in the work related to work which is temporarily designated or agreed by the person in charge of or relevant managerial personnel in the employing unit. (b) Injury, disability or death while performing the work temporarily assigned or agreed upon by the person in charge of the employing unit or the relevant management personnel; (c) Accidental injury due to force majeure while working in the working area of the employing unit; (d) Occupational disease due to exposure to toxic and hazardous substances within the working area of the employing unit; (e) Injury, disability or death during an emergency situation in order to safeguard the interests of the unit or the society and the people; (f) Sudden death due to illness in the course of the production and work tasks arranged by the employing unit; (g) Injury or death during the work of an employing unit due to a work-related illness or accidental injury during the work of the employing unit. (F) in the implementation of the employer's production tasks arranged by the sudden death due to illness; (G) in the commute to and from work, out of the office or work transfer on the way to suffer accidents not their own responsibility, or death from disease; (H) laws and regulations provide for other circumstances. Article 16 employees in one of the following circumstances, do not enjoy the benefits of work-related injury insurance: (a) their own intentional or private injury, disability, death; (b) their own behavior is a crime. Article 17 The medical expenses of an employee after being injured at work shall be paid by the municipal social insurance organization. If the drugs prescribed by the State at the employee's own expense are required for medical treatment, they shall be used with the consent of the municipal social insurance organization. If an employee suffers a work-related injury and becomes disabled and his/her old injuries recur, his/her medical expenses shall be paid by the municipal social insurance institution after being confirmed by the municipal medical labor appraisal institution. The medical expenses referred to in these Regulations include treatment expenses, medicine expenses and hospitalization expenses. Article 18 If an employee, after the completion of medical treatment for a work-related injury, is determined by the municipal medical and labor appraisal agency to need to install prosthetic limbs, dentures, eyes and wheelchairs, crutches and other rehabilitation appliances, the costs of purchasing and installing the rehabilitation appliances shall be paid by the municipal social insurance agency. The payment standard is based on the purchase price of domestic similar rehabilitation appliances and the domestic installation cost. Article 19: If an employee who is disabled at work is recognized as having a disability of grade 1 to 3, the municipal social insurance institution shall issue a lump-sum compensation and a monthly payment of benefits and nursing (support) subsidies according to the following standards: (1) lump-sum compensation: one to three levels of disability shall be paid according to fifteen, fourteen, and thirteen months of the city's average monthly social wage of the previous year in that order; (2) disability subsidy: one to three levels of disability shall be paid according to one percent of the city's average monthly social wage of the previous year in that order; (3) disability subsidy: one to three levels of disability shall be paid according to one percent of the city's average monthly social wage of the previous year in that order. (ii) Invalidity benefit: one hundred percent of the average monthly social wage of the previous year for invalids of the first to third degree; (iii) Nursing (support) allowance: seventy, fifty and thirty-five percent of the average monthly social wage of the previous year for invalids of the first to third degree, in that order. If an employee who is disabled at work is recognized as having a disability of grade 4 to 10, the municipal social insurance agency will grant a lump sum compensation based on the conclusion of the disability assessment and according to parameters such as the percentage of the degree (grade) of disability. The lump-sum compensation is calculated using the following formula: Lump-sum compensation = sixty-five percent of the city's average monthly social wage for the previous year x the percentage of the degree of disability (grade) x one hundred Article 20 In the event of the death of an employee at work, the municipal social insurance agency shall pay the funeral expenses, lump-sum pensions and living allowances for dependent relatives in accordance with the provisions of these Regulations. Funeral expenses: five months of the average monthly social wage of the city for the previous year shall be paid to the unit or individual handling the funeral. Lump-sum pension: paid to the relatives of the deceased employee at the rate of thirty-six months of the average monthly social wage of the city in the previous year. The first order of receipt is the spouse, children and parents; the second order of receipt is siblings and other immediate family members. The lump-sum pension is received by the first-order relatives. If the first order is not received or if there is no first-order recipient, the second-order relatives receive it. The subsistence allowance for dependent relatives is paid at the following rates: (a) for one person, 50 percent of the average monthly social wage of the city for the previous year; (b) for two persons, 80 percent of the average monthly social wage of the city for the previous year; (c) for three or more persons, 100 percent of the average monthly social wage of the city for the previous year, per month***. Subsistence allowance for widows and orphans shall be paid at the rate of one hundred and twenty percent of the standard in paragraph 4 (a), (b) and (c) of this article. The scope and conditions of dependent relatives shall be implemented in accordance with the relevant national laws and regulations. Article 21: The costs of work injury insurance treatment for employees disabled or killed at work shall be calculated from the month in which the accident occurred or the month in which the occupational disease was diagnosed. The living allowance for the dependents of an employee who died at work shall be calculated from the month following the death of the employee. Article 22 If an employee is sentenced to detention or fixed-term imprisonment for a crime during the period of enjoying the work-related injury insurance treatment, he/she shall stop enjoying the work-related injury insurance treatment during the period of serving the sentence. After the sentence is completed and released, the original work-related injury insurance treatment may continue to be enjoyed in accordance with the regulations, but the costs of the work-related injury insurance treatment that has been stopped shall not be reimbursed. Article 23 has been paid or compensated by commercial insurance for employees disabled at work or the relatives of employees who died at work, can still enjoy work-related injury insurance treatment in accordance with these regulations.

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: paid from the Work Injury Insurance Fund 2, requirements: (1) in the signing of the service service agreement of the medical 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; the injury is serious or the situation is special, by the municipal Labor Capacity Appraisal Committee confirmed that it can be extended appropriately, 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 as provided in Article 30, Article 32 and Article 33 of the Regulations. 2, the requirements: the injured employee recurrence of work injuries is confirmed to require treatment of the second, the 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 industrial injury insurance relationship (labor relationship), 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 (for those who require nursing care) × 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 (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)