If the disability level is Grade 10, the compensation shall be the per capita disposable income of urban residents or the per capita net income of rural residents in the place where the appeal court is located in the previous year multiplied by 20 years and then multiplied by 10%. If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and income reduced due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim.
A, industrial injury insurance fund according to the level of disability to pay a one-time disability allowance, the standard is
Seven-level disability is my salary for 13 months, eight-level disability is my salary for 1 1 month, nine-level disability is my salary for 9 months, and ten-level disability is my salary for 7 months.
Second, the role of industrial injury insurance
1. As an integral part of the social insurance system, work-related injury insurance is enforced by the state through legislation, which is the social responsibility of the state to employees and the basic rights that employees should enjoy. The implementation of industrial injury insurance is the symbol and achievement of human civilization and social development.
2. The implementation of work-related injury insurance has guaranteed the medical care and basic living, disability pension and survivors' pension of workers with work-related injuries, and relieved the worries of workers and their families to some extent. Compensation for work-related injuries reflects the respect of the state and society for workers and is conducive to improving the enthusiasm of workers.
3. The establishment of industrial injury insurance is conducive to promoting safe production and protecting and developing social productive forces. Industrial injury insurance is closely related to the improvement of working conditions, disease prevention and injury prevention, safety education, medical rehabilitation and social services in production units. It is of great significance to improve the safety production level of production and business units and employees, prevent or reduce work-related injuries and occupational diseases, and protect the health of employees.
4. Work-related injury insurance protects the legitimate rights and interests of injured employees, which is conducive to properly handling accidents and resuming production, maintaining normal production and living order and maintaining social stability.
Three, the identification procedures of work-related injuries
1, accepting institution
Coordinate the regional social insurance administrative departments to apply to the provincial social insurance administrative departments for work-related injury identification, and apply to the municipal social insurance administrative departments with districts where the employer is located in accordance with the principle of territoriality.
2. Submissions
When applying for appraisal, relevant materials for work-related injury identification and work-related injury medical treatment shall be provided. Details are as follows:
(1) Submit a copy of the work-related injury certificate issued by the work-related injury certification institution or a power of attorney for work-related injury certification;
(2) Fill in the Appraisal Form of Workers' Loss of Labor Ability (with one-inch photo and official seal of the employer);
(3) Submit the Certificate of Clinical Physical Examination of Workers with Work-related Injury, which shall be filled in by the designated hospital doctor (with the official seal of the hospital) and attached with various inspection reports of the hospital;
(4) Copies of all medical records, physical examination reports, diagnosis certificates and other materials of employees' work-related injuries, and copies of ID cards;
(5) Patients with occupational diseases should provide the occupational disease diagnosis conclusion issued by the Occupational Disease Diagnosis Group of the Municipal Center for Disease Control and Prevention;
(6) Persons with physical disabilities or burns shall submit four-inch color photos of the disabled parts;
(seven) proof that the appraisal fee has been paid.
3. Identification procedure
To apply for work-related injury identification, fill in the application form for work-related injury identification and submit the following materials:
(1) A copy of the text of the employment contract, or other documents proving the existence of labor relations (including factual labor relations) and personnel relations with the employer;
(2) Certificate of industrial injury diagnosis or occupational disease diagnosis issued by medical institutions (or occupational disease diagnosis certificate).
If the materials are incomplete, all materials can only be corrected at one time.
If the administrative department of social insurance decides to accept an application that meets the conditions and jurisdiction, it shall issue a "Decision on Acceptance of Work-related Injury Identification Application"; Decided not to accept, issued a "work-related injury identification application inadmissible decision".
4. After accepting the application for work-related injury identification, the administrative department of social insurance shall investigate and verify the evidence provided by the applicant as needed. After investigation and verification, the social insurance administrative department shall make a decision on work-related injury identification within 60 days from the date of accepting the application for work-related injury identification, and issue a decision on work-related injury identification or not.
Legal basis:
Regulations on industrial injury insurance
Twenty-second labor ability appraisal refers to the level appraisal of the degree of labor dysfunction and self-care disorder.
Labor dysfunction is divided into ten levels of disability, the heaviest being 1 level, and the lightest being1level.
There are three levels of self-care obstacles: life can't take care of itself at all, most of life can't take care of itself, and some of life can't take care of itself.
The labor ability appraisal standard shall be formulated by the social insurance administrative department of the State Council in conjunction with the health administrative department of the State Council.
Thirty-seventh workers who are disabled due to work are identified as seven to ten disabled, 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 criteria are: 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.