Shanghai work injury death involves compensation for funeral grants, pensions for dependent relatives, and a one-time compensation for work-related deaths. The average monthly salary of employees in the previous year in the coordinated area × 6 = funeral grant; widows and orphans or orphans per person per month on the basis of the above standards by 10%.
Legal Objective:The standard of compensation for work injury, also known as the standard of treatment of work injury insurance. It refers to the compensation items and standards that injured workers and relatives of deceased workers should enjoy according to law. If an employee of an employing unit is injured at work during the period of non-participation in work injury insurance, the employing unit shall pay the expenses in accordance with the items and standards of work injury insurance treatment stipulated in the Regulations on Work Injury Insurance. What is the principle of medical treatment for injured workers? Answer:Employees who are injured at work or suffer from occupational diseases are entitled to medical treatment for work-related injuries. Injured workers should seek medical treatment at the designated medical institutions for medical insurance contract or occupational diseases in the city, and in case of emergency, they can first go to the nearest medical institutions for first aid, and should be transferred to the designated medical institutions for medical insurance contract in time after their injuries are stabilized. If it is necessary to be transferred to a foreign city or province for treatment, the injured worker should go to the authorized organization to apply for the relevant formalities. What are the medical treatments for treating work-related injuries? Answer:The medical expenses for treating work-related injuries shall be in accordance with the national and municipal catalogs of work-related injuries insurance diagnosis and treatment items, work-related injuries insurance drug catalogs, and work-related injuries insurance hospitalization service standards. Except for the part of the medical expenses which is borne by the medical insurance fund according to the regulations of the city, the rest of the medical expenses shall be borne by the Industrial Injury Insurance Fund. The city's catalog of medical treatment items for work-related injuries insurance, the catalog of medicines for work-related injuries insurance, and the standard of inpatient services for work-related injuries insurance shall be implemented in accordance with the city's regulations on the scope of medical treatment items, the scope of medicines, and the scope of medical service facilities for basic medical insurance. The medical expenses incurred by injured workers for treatment of diseases not caused by work-related injuries shall not be included in the scope of payment by the Work-Related Injury Insurance Fund. How to reimburse the hospitalized meal expenses, transportation and accommodation expenses of the injured workers for the treatment of work-related injuries? Answer:If an injured worker is hospitalized for treatment of work injury, the hospital meal allowance shall be paid by his/her employer in accordance with 70% of the standard meal allowance for business trip of the employer; if he/she is approved to be transferred to a foreign province or city for medical treatment, the required transportation, food and accommodation expenses shall be reimbursed by his/her employer in accordance with the standard for business trip of the employees of his/her employer. How to pay for the cost of auxiliary aids for injured workers? Answer:Due to the needs of daily life or employment, the injured worker can be fitted with artificial limbs, orthopedic devices, false eyes, false teeth and wheelchairs and other auxiliary aids as confirmed by the appraisal committee, and the required expenses will be paid from the Work Injury Insurance Fund in accordance with the standards and items of auxiliary aids stipulated by the state and the city. What are the treatments for the injured workers during the period of suspension of work with pay? Answer:If an employee suffers an accidental injury at work or suffers from an occupational disease that requires him to suspend work to receive treatment for the injury, the original salary and benefits will remain unchanged during the period of suspension without pay, and will be paid by his employer on a monthly basis. The period of suspension without pay generally does not exceed 12 months. If the injury is serious or the situation is special, the appraisal committee confirms that the period can be extended appropriately, but the extension shall not exceed 12 months. After the injured worker is assessed as having a disability grade, the original treatment will be suspended and he/she will enjoy the disability treatment in accordance with the relevant provisions of Shanghai Measures for the Implementation of Work-Related Injury Insurance. If the injured worker still needs treatment after the period of suspension of work with pay, he/she shall continue to enjoy the medical treatment for work injury. If an injured worker who cannot take care of himself or herself needs nursing care during the period of leave without pay, his or her unit shall be responsible for it. What are the treatments for the living care of the injured workers? Answer:If the injured worker has been assessed as having a disability grade and the appraisal committee confirms that he/she needs nursing care, the monthly nursing care fee will be paid from the Work Injury Insurance Fund. The living care expenses are paid according to three different grades: totally unable to take care of oneself, mostly unable to take care of oneself, or partially unable to take care of oneself, and the standard is 50%, 40% or 30% of the average monthly salary of the city's employees in the previous year respectively. What kind of treatment does an injured worker enjoy if he/she is disabled at work from grade 1 to grade 4? Answer:If the injured worker is identified as Grade 1-4 disabled, he/she shall retain his/her labor relationship, quit his/her job, and enjoy the following treatments: (1) A one-time disability benefit shall be paid from the Workers' Compensation Insurance Fund. First-degree disability, for 24 months of the injured worker's wages in January before the injury; second-degree disability, for 22 months; third-degree disability, for 20 months; fourth-degree disability, for 18 months; (b) from the Workers' Compensation Insurance Fund to pay the monthly disability allowance. First-degree disability, for the injured worker injured in January before the month of his own contributions to the wage of 90%; second-degree disability, 85%; third-degree disability, 80%; fourth-degree disability, 75%; (c) the injured worker for the monthly pension formalities, the disability allowance will be suspended, enjoy the old-age insurance treatment. If the basic pension is lower than the disability allowance, the Work Injury Insurance Fund shall make up the difference. If the injured worker reaches the statutory retirement age and does not meet the conditions for receiving monthly pension, the Work Injury Insurance Fund shall continue to pay the disability allowance; (d) The employer and the injured worker who participate in the city's basic medical insurance shall take the disability allowance as the basis for the monthly payment of basic medical insurance premiums, and enjoy the basic medical insurance treatment. Injured workers continue to enjoy basic medical insurance benefits after reaching the statutory retirement age. What kind of treatment is provided to the injured workers with work-related disability grade 5-6? Answer:If the injured worker is identified as Grade 5 or Grade 6 disabled, he/she shall enjoy the following treatments: (1) A one-off disability benefit shall be paid from the Work Injury Insurance Fund. Fifth-degree disability, for 16 months of the injured worker's injury before the January I paid wages; sixth-degree disability, for 14 months; (b) retain the labor relationship with the employer, the employer to arrange appropriate work. If it is difficult to arrange for work, the employer shall pay the disability allowance on a monthly basis. In the case of fifth-degree disability, it shall be 70% of the wage paid by the injured worker in the month before the injury; in the case of sixth-degree disability, it shall be 60%. The employer and the injured worker shall continue to pay all social insurance contributions in accordance with the regulations. If the actual amount of the disability allowance is lower than the minimum monthly wage standard for workers in the city, the employer shall make up the difference. Upon the injured worker's own proposal, the injured worker may terminate or suspend the labor relationship with the employer, and the employer shall pay the one-time medical allowance for work injury and the disability employment allowance. In the case of fifth-degree disability, the total of the two benefits shall be 30 months of the average monthly salary of the city's employees in the previous year; in the case of sixth-degree disability, it shall be 25 months. If the labor relationship is terminated due to the retirement or death of the injured worker, he/she shall not be entitled to the treatment stipulated in the second paragraph of this Article. What kind of treatment does an injured worker enjoy if he/she is disabled at work from grade 7 to 10? Answer:If a work-related disability of an injured worker is recognized as Grade 7-10 disability, he/she shall enjoy the following treatments: (1) A one-off disability benefit shall be paid from the Work Injury Insurance Fund. Seventh-degree disability, for 12 months of the injured worker injured in January before I paid wages; eighth-degree disability, for 10 months; ninth-degree disability, for 8 months; tenth-degree disability, for 6 months; (b) the termination of the labor contract, or the injured worker himself proposed the termination of the labor contract, the employer to pay a one-time medical benefits for work-related injuries and disability employment grants. Seventh-degree disability, the total of the two benefits for 20 months of the previous year the city's average monthly salary of employees; eighth-degree disability, 15 months; ninth-degree disability, 10 months; tenth-degree disability, 5 months. If the labor relationship is terminated due to the retirement or death of the injured worker, he/she shall not be entitled to the treatment stipulated in paragraph 1(b) of this Article. What kind of treatment is an injured worker entitled to for the recurrence of work injury? Answer:If an injured worker suffers a recurrence of work injury and the appraisal committee confirms that he/she needs treatment, he/she shall be entitled to the treatment of work injury insurance as stipulated in Article 31 to Article 36 of Shanghai Measures for the Implementation of Work Injury Insurance. The injured worker who has terminated or dissolved the labor relationship with the employer and is entitled to the one-time medical allowance for work injury and employment allowance for disability in accordance with the Implementing Measures of Shanghai Municipality for Work-Related Injury Insurance shall no longer be entitled to the treatments as stipulated in Articles 31 to 36 of the Implementing Measures of Shanghai Municipality for Work-Related Injury Insurance. What are the treatments for the immediate family members of an employee who died at work? Answer: If an employee dies at work, his/her immediate family members will receive a funeral grant, a dependent's pension and a lump-sum death benefit from the Work Injury Insurance Fund in accordance with the following provisions: (1) the funeral grant will be the average monthly salary of the city's employees in the previous year for the six months when the employee died at work; (2) the dependent's pension will be issued to the employee in accordance with the percentage of the employee's own salary that he/she had paid in January before his/her death at work. The main source of living, unable to work relatives. Of these, 40% per month is paid to spouses and 30% per month to other relatives; 10% per month is added to the above standard for widows, orphans and elderly persons. The sum of the approved pensions for each dependent relative shall not be higher than the employee's contributory salary for the month before the employee's death at work; (c) the standard for the one-time death benefit shall be the average monthly salary of the city's employees for the previous year for the 50-month period when the employee died at work. If an injured worker dies as a result of a work-related injury during the period in which he or she is off work without pay, his or her immediate family members shall be entitled to the treatment provided for in the first paragraph of this Article. If an injured worker with Grade I to Grade IV disability dies after the expiration of the period of leave without pay, his or her immediate family members shall be entitled to the treatment provided for in paragraph 1 (a) and (b) of this Article; among them, if he or she dies after receiving a monthly pension, his or her immediate family members shall be entitled to a funeral allowance paid by the pension insurance fund that is less than the standard provided for in paragraph 1 (a) of this Article, and the difference shall be made up by the Work Injury Insurance Fund. The specific scope of dependent relatives shall be implemented in accordance with the relevant state regulations. How to stipulate the contribution salary of the injured person or the person who died at work? Answer:If the contributory salary of the injured or deceased worker for the month before the injury or death as stipulated in Article 37(1)(a) and (b), Article 38(1)(a), Article 39(1)(a), and Article 41(1)(b) of the Implementing Measures of Shanghai Municipality for Work-Related Injury Insurance is lower than the average monthly salary of the workers in the previous year, the contributory salary shall be determined in accordance with the standard of the injured or deceased worker's monthly salary. If the salary paid in the month before the injury or death is lower than the average monthly salary of the city's employees in the previous year, it shall be determined in accordance with the average monthly salary of the city's employees in the previous year. How are the standards for disability allowance, dependant's pension and living care expenses adjusted? Answer: The standard of disability allowance, dependant's pension and nursing care fee shall be adjusted by the Municipal Bureau of Labor Security in accordance with the change of the average salary of the city's employees and the consumer price index. The method of adjustment shall be formulated by the Municipal Bureau of Labor Security and submitted to the municipal government for approval before implementation. How to deal with work-related injuries caused by motor vehicle accidents or other third-party civil violations? Answer:If a work-related injury is caused by a motor vehicle accident or other third-party civil infringement, and the employer or the Work Injury Insurance Fund pays the first installment of the Work Injury Insurance treatment in accordance with the Implementing Measures for Shanghai Work Injury Insurance, the injured worker or his/her immediate family members shall be reimbursed accordingly after obtaining civil compensation for the motor vehicle accident. How to deal with accidents or unknown whereabouts in rescue and disaster relief? Answer:If an employee is involved in an accident while away from home for work or his/her whereabouts are unknown during a disaster relief operation, he/she shall be paid his/her salary for three months from the month of the accident, and from the fourth month onwards, his/her salary shall be suspended, and his/her dependents shall be paid monthly dependents' pensions from the Industrial Accident Insurance Fund in accordance with the standard stipulated in Article 41(1)(b) of the Implementing Measures for Industrial Accident Insurance of Shanghai Municipality. If there are difficulties in living, 50% of the lump-sum work-related death benefit may be advanced. If a practitioner is declared dead by the People's Court, he/she shall be dealt with in accordance with the provisions of Article 41 of Shanghai Measures for the Implementation of Work-Related Injury Insurance. What are the circumstances under which an injured worker stops enjoying the benefits of work-related injury insurance? Answer:If the injured worker has any of the following circumstances, he/she shall stop enjoying the work injury insurance treatment: (1) losing the conditions for enjoying the treatment; (2) refusing to accept the labor capacity appraisal; (3) refusing to be treated; (4) being sentenced to imprisonment. What units pay for the cost of work injury insurance treatment? Answer:If an employer is separated, merged or transferred, the successor unit shall assume the responsibility of the original employer's work-related injury insurance. If the employing unit carries out contracting, the responsibility of work-related injury insurance shall be borne by the unit where the employee's labor relationship is located. If an employee is injured in a work-related accident during the period of secondment, the original employer shall bear the responsibility for work-related injury insurance, but the original employer and the seconded unit may agree on the compensation method. Where an enterprise goes bankrupt, priority is given in the liquidation of the enterprise to the payment of the costs of occupational injury insurance treatment that should be paid by the unit in accordance with the law. What kind of work injury insurance treatment does an employee enjoy if he/she is dispatched to work outside of China? Answer:If an employee is dispatched to work abroad and should participate in the local work injury insurance according to the law of the country or region to which he is going, he should participate in the local work injury insurance and his domestic work injury insurance relationship will be suspended; if he cannot participate in the local work injury insurance, his domestic work injury insurance relationship will not be suspended and he will enjoy the treatment of work injury insurance in accordance with the provisions of the "Measures for the Implementation of Shanghai Municipality's Work Injury Insurance". How to go through the formalities of enjoying the treatment if the practitioners are injured or killed at work? Answer: If a worker is injured or killed at work, the injured worker or his/her immediate family members or the employer shall go to the agency to apply for the formalities for the treatment of work-related injury insurance and provide the following corresponding materials: (1) the application form for the treatment of work-related injuries insurance filled out in full; (2) proof of payment of work-related injuries' medical expenses; (3) proof of existence of the labor relationship between the injured worker and the employer who bears the responsibility for the work-related injuries; (4) proof of identification of the person who enjoys the treatment And with the work-related death of the person's support relationship certificate; (e) the whereabouts of unknown or declared dead certificate; (f) other relevant materials. The agency shall, within 30 days from the date of receipt of the application for entitlement to work-related injury insurance treatment, examine and approve the conditions for entitlement to work-related injury insurance treatment for the injured person or his/her dependent relatives. If the conditions are met, the standard of treatment is approved and paid in full and on time; if the conditions are not met, it should be informed in writing.