regulation on work related injury insurance
Twenty-ninth employees who are disabled due to work are identified as first-class to fourth-class disabilities, and I request to resign from my job and terminate the labor relationship, go through the formalities of disability retirement and enjoy the following benefits:
(1) One-time disability allowance. Paid by the industrial injury insurance fund according to the level of disability. The standard is: the first-degree disability is my salary for 27 months, the second-degree disability is my salary for 25 months, the third-degree disability is my salary for 23 months, and the fourth-degree disability is my salary for 2 1 month.
(2) Disability allowance. Pay monthly from the industrial injury insurance fund until I die. 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.
Workers who have gone through the formalities of disability retirement shall participate in the basic medical insurance for employees in the overall planning area. The basic medical insurance premium that should be paid by the employer according to the regulations shall be borne by the industrial injury insurance fund.
Disabled workers from Grade One to Grade Four who retain labor relations with their original units and quit their jobs shall be implemented in accordance with the relevant provisions of the Regulations on Industrial Injury Insurance.
Disability allowance is adjusted every year with reference to the adjustment method of basic old-age insurance.
Thirtieth disabled workers whose household registration is moved back to their original residence from the place where the unit is located, their disability allowance can be paid once every six months by the social insurance agency in the overall planning area according to the standard. The employing unit shall pay the resettlement subsidy for six months according to the average monthly salary of employees in the overall planning area last year. The required transportation expenses, accommodation expenses, baggage handling expenses and food subsidies shall be reimbursed by the employer according to the business trip standard.
Article 31 If a disabled employee whose household registration is not in the overall planning area requests to dissolve or terminate the labor relationship and enjoy the treatment of work-related injury insurance at one time, he can sign an agreement with the social insurance agency in the overall planning area, and the social insurance agency will pay the treatment fee of work-related injury insurance in accordance with the following provisions to terminate the work-related injury insurance relationship:
(1) One-time disability allowance. In accordance with the provisions of the first paragraph of Article 29 of these regulations.
(2) Disability allowance. In accordance with the provisions of the second paragraph of article twenty-ninth, the one-time payment standard is ten years.
(three) a one-time medical subsidy for work-related injuries. Pay according to the following standards: I 15 months' salary for first-degree disability, I 14 months' salary for second-degree disability, I 13 months' salary for third-degree disability and I 12 months' salary for fourth-degree disability.
(4) Living nursing expenses. If it is confirmed by the labor ability appraisal Committee that life care is needed, it shall be paid in one lump sum for ten years in accordance with the standards stipulated in the second paragraph of Article 27 of these regulations.
Thirty-second workers who are disabled due to work are identified as five or six disabled, and enjoy the following benefits:
(1) One-time disability allowance. Paid by the industrial injury insurance fund, the standard is: level 5 disability is my 18 month salary, and level 6 disability is my 16 month salary.
(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.
Thirty-third five or six disabled workers put forward to terminate or terminate the labor relationship with the employer, the industrial injury insurance fund to pay a one-time work-related injury medical subsidy, the employer to pay a one-time disability employment subsidy, terminate the work-related injury insurance relationship:
(a) a one-time medical subsidy for work-related injuries. The standard is: five-level disability is my salary for ten months, and six-level disability is my salary for eight months.
(two) a one-time disability employment subsidy. The standard is: level 5 disability is my 50-month salary and level 6 disability is my 40-month salary.
Thirty-fourth workers disabled at work, identified as seven to ten levels of disability, the work injury insurance fund to pay a one-time disability allowance. The standard is: 13 months salary for level 7 disability, 1 1 month salary for level 8 disability, 9 months salary for level 9 disability and 7 months salary for level 10 disability.
Seven to ten disabled workers terminate or terminate the labor relationship with the employer in accordance with the law, and the work-related injury insurance fund pays a one-time work-related injury medical subsidy, and the employer pays a one-time disability employment subsidy, and the work-related injury insurance relationship is terminated:
(a) a one-time medical subsidy for work-related injuries. The standard is: seven-level disability is my six-month salary, eight-level disability is my four-month salary, nine-level disability is my two-month salary, and ten-level disability is my one-month salary.
(two) a one-time disability employment subsidy. The criteria are: level 7 disability is my salary for 25 months, level 8 disability is my salary for 15 months, level 9 disability is my salary for 8 months, and level 10 disability is my salary for 4 months.
Article 35 The one-time medical subsidy for work-related injuries and one-time disability employment subsidy stipulated in Articles 33 and 34 of these Regulations shall be calculated and paid. If my salary is lower than the average monthly payment salary of the injured employee 12 months before the dissolution or termination of the labor relationship with the employer, it shall be calculated and paid according to the average monthly payment salary of the injured employee 12 months before the dissolution or termination of the labor relationship. If the payment salary is less than twelve months, the average monthly payment salary shall be calculated according to the actual payment months. If my average monthly payment salary is higher than the average wage of employees in the overall planning area by 300%, it shall be calculated according to the average wage of employees in the overall planning area by 300%; If it is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.
Thirty-sixth workers who need treatment for the recurrence of work-related injuries shall enjoy the treatment of work-related injuries stipulated in Articles 25, 26 and 28 of these Regulations.
Thirty-seventh workers died at work, their close relatives receive funeral subsidies, dependent relatives' pensions and one-time death subsidies from the industrial injury insurance fund in accordance with the following provisions:
(a) the funeral subsidy is the average monthly salary of employees in the overall planning area for six months.
(2) The pension for supporting relatives shall be paid to the relatives who provided the main source of livelihood before the death of the employee and were unable to work because of work according to a certain proportion of the employee's salary. The criteria are: spouse 40%, other relatives 30%, old people 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 implemented in accordance with the provisions of the administrative department of social insurance in the State Council.
(three) the standard of one-time work death allowance 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 can enjoy the treatment stipulated in Items 1 and 2 of Paragraph 1 of this article.
The pension for dependent relatives is adjusted every year according to the average wage growth of employees in the overall planning area in the previous year, and it is not adjusted when the average wage of employees in the overall planning area is negative.