What benefits can workers enjoy after being diagnosed with occupational diseases?
(1) According to the provisions of the Law on the Prevention and Control of Occupational Diseases, patients diagnosed with occupational diseases enjoy occupational disease treatment prescribed by the state according to law. The employing unit shall, in accordance with the relevant provisions of the state, arrange treatment, rehabilitation and regular examination for patients with occupational diseases. The employing unit shall transfer the occupational disease patients who are not suitable to continue their original jobs and make proper arrangements. The employing unit shall give appropriate post allowances to the workers who are engaged in the operations exposed to occupational hazards. The expenses for diagnosis, treatment and rehabilitation of patients with occupational diseases, and social security for patients with occupational diseases who are disabled and incapacitated shall be implemented in accordance with the relevant state regulations on social insurance for work-related injuries.
(2) In addition to participating in social insurance for work-related injuries according to law, patients with occupational diseases still have the right to obtain compensation according to relevant civil laws, and have the right to claim compensation from the employer. If a worker is diagnosed with occupational diseases, but the employer fails to participate in social insurance for work-related injuries according to law, his medical and living security shall be borne by the last employer; The previous employer has evidence to prove that the occupational disease is caused by the occupational hazards of the previous employer, and it shall be borne by the previous employer.
(3) If a patient with occupational diseases changes his work unit, the treatment he enjoys according to law will remain unchanged. Due to separation, merger, dissolution, bankruptcy and other reasons. The employing unit shall conduct health examination on the workers exposed to occupational hazards, and make proper arrangements for occupational disease patients in accordance with the relevant provisions of the state.
(4) After the employee is diagnosed with occupational diseases, the unit to which he belongs shall arrange treatment or recuperation according to the opinions of the occupational disease diagnosis institution (diagnosis group). After medical treatment or recuperation, it is confirmed that it is not suitable to continue to engage in the original harmful operations or work, and it shall be transferred from the original post within two months from the date of confirmation and arranged for another job; For the technical backbone of production and work that cannot be transferred temporarily due to work needs, the longest transfer period shall not exceed half a year. Unless the labor contract expires or the employee proposes, the labor contract of occupational disease patients shall not be dissolved or terminated, and the occupational disease patients shall be properly placed. One to four levels can never cancel the contract, and five to ten levels can cancel the contract. First, the labor contract expires, second, the laborer puts forward it himself, and third, it seriously violates the relevant enterprise systems or commits crimes.
Compensation standard for occupational diseases: If the employee is identified as one to four disabled due to work, he/she will retain his/her labor relationship, quit his/her post and enjoy the following benefits:
(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The standard is: 27 months' salary for first-degree disability, 25 months' salary for second-degree disability, 23 months' salary for third-degree disability and 2 1 month salary for fourth-degree 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 standard, the industrial injury insurance fund will make up the difference;
(3) After the workers with work-related injuries reach retirement age and go through retirement formalities, they will stop paying disability allowance and enjoy basic old-age insurance benefits in accordance with relevant 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.
Legal basis:
People's Republic of China (PRC) Law on Prevention and Control of Occupational Diseases;
Article 41
Where an employer participates in work-related injury insurance in accordance with state regulations, workers suffering from occupational diseases have the right to enjoy the following work-related injury insurance benefits in accordance with relevant state regulations on work-related injury insurance:
(1) medical expenses: the expenses for diagnosis and treatment due to occupational diseases shall be paid by the industrial injury insurance fund according to the prescribed standards;
(2) Hospitalization food subsidy: paid by the employer according to a certain proportion of the local food standards for business trips;
(3) Rehabilitation expenses: paid by the industrial injury insurance fund according to the prescribed standards;
(4) Disability appliance fee: if assistive devices need to be configured due to disability, the required fee shall be paid by the industrial injury insurance fund according to the general assistive devices standard;
(5) Treatment during paid shutdown: the original wages and benefits will remain unchanged and will be paid by the employer;
(6) Living care subsidy: if it is confirmed that life care is needed after disability assessment, the work injury insurance fund will pay the living care subsidy according to the prescribed standards;
(7) One-time disability allowance: those who are identified as being disabled from Grade 10 to Grade 1 shall enjoy a one-time disability allowance equivalent to their salary from 6 months to 24 months according to their disability grade, which shall be paid by the industrial injury insurance fund;
(8) Disability allowance: those who have been identified as being disabled from Grade 4 to Grade 1 shall enjoy disability allowance equivalent to 75% to 90% of their salary according to regulations, which shall be paid by the industrial injury insurance fund;
(9) Death grant: if a person dies of occupational poisoning, the industrial injury insurance fund will pay him in one lump sum according to the standard that the average monthly salary of employees in the last year in the overall planning area is not less than 48 months;
(10) Funeral subsidy: If a person dies of occupational poisoning, the industrial injury insurance fund will pay him in one lump sum for six months according to the average monthly salary of employees in the last year in the overall planning area;
(1 1) Pension for dependent relatives: in case of death due to occupational poisoning, the industrial injury insurance fund will pay the pension to the relatives who provided the main source of livelihood for the deceased before his death: 40% of the average monthly salary of employees in the overall planning area in the previous year will be paid to his spouse, and 30% of the average monthly salary of employees in the previous year will be paid to each of his immediate family members who were dependent before his death;
(12) Other industrial injury insurance benefits stipulated by the state.
After the implementation of these regulations, when the state adjusts the items and standards of work-related injury insurance benefits, it shall be implemented in accordance with its provisions.