National compensation standard for work-related injuries in 2022: 1. Medical expenses 1. If the expenses for the treatment of work-related injuries meet the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance shall be stipulated by the administrative department of labor and social security of the State Council in conjunction with the administrative department of health and the drug supervision and administration department of the State Council. 2, agencies and medical institutions, auxiliary equipment configuration institutions signed a service agreement on the basis of equal consultation, and announced the list of medical institutions and auxiliary equipment configuration institutions signed a service agreement. The specific measures shall be formulated by the administrative department of labor security of the State Council jointly with the administrative department of health and the civil affairs department of the State Council. 3, agencies in accordance with the agreement and the relevant national directory, standard of inductrial injury worker medical expenses, rehabilitation costs, the use of assistive devices for verification, and timely and full settlement costs. 4. It is a prerequisite for the victim to obtain compensation for medical expenses of work-related injuries, that is, except for emergencies, employees should seek medical treatment in medical institutions that have signed service agreements, and all expenses should conform to the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance. After meeting the above conditions, the victim can get compensation for medical expenses. Second, when making compensation for rehabilitation expenses, if the patient's body has not recovered and it is really necessary to continue treatment, the inevitable expenses can be determined according to the medical certificate or appraisal conclusion, and can be compensated together with the medical expenses that have already occurred. The obligee may sue separately for rehabilitation expenses, appropriate beauty expenses and other follow-up treatment expenses necessary for organ function recovery training after treatment, or in the case that the injury is fixed after treatment, or the injury has not healed. If the victim is treated in a rehabilitation hospital, the compensation for medical expenses shall be handled according to different situations: 1. The victim should be treated in a general hospital. If a rehabilitation hospital is not needed to treat an injury, the compensation for medical expenses shall be calculated according to the charging standard for treating the same injury in ordinary hospitals. 2. After being treated in a general hospital, he is transferred to a rehabilitation hospital for further treatment with the consent of the treatment hospital, and it is really necessary to treat the injury. The medical expenses are calculated according to the charging standard of rehabilitation hospitals formulated by the state. After treatment, the injury is stable, but rehabilitation and symptomatic treatment are still needed. And a certificate issued by a medical institution at or above the county level can be treated in a medical institution or outpatient clinic below the county level. Third, food subsidies 1. It is really necessary for the victims to go to other places for treatment. A reasonable part of the accommodation expenses actually incurred by the victim and his entourage due to objective reasons shall be compensated. 2. In principle, the compensation period of food allowance is the hospitalization period, that is, the number of days of food allowance is calculated according to the victim's hospitalization period and multiplied by the daily standard of the general staff of the local state organs, and the specific food allowance can be obtained. 4. Transportation and accommodation expenses 1, and transportation expenses for doctors' visits. If the doctor visits the victim, if the transportation fee for the visit has been included in the medical expenses, the victim gets compensation from the medical expenses and does not need to be included in the transportation fee. If it is not included in the visiting expenses and is paid separately by the victim, the expenses shall be compensated according to the transportation expenses. 2. About the expenses for the victims or their accompanying persons to use private cars. If you use a private car as a means of transportation when you go to a hospital for treatment or transfer to a hospital, you should compensate yourself for normal and actual expenses, such as corresponding and reasonable fuel costs, parking fees, tolls, etc. 3. Calculation standard of transportation fee. In practice, it is generally believed that transportation expenses should be paid according to the standard of travel expenses of ordinary staff of state organs where the infringement occurred. However, it should also be flexibly mastered according to the actual situation of the victims and the actual needs of treatment. 1. Ordinary buses are the main means of transportation. Under special circumstances, you can take an ambulance, taxi, etc. , but the victim should explain the rationality of the use. 2, when taking the train, should give priority to with ordinary hard seat train, under special circumstances, need to take a soft seat, sleeper, should also be allowed, but the victim should explain its rationality. In case of emergency, you should also be allowed to fly, and the victim should also explain its justified reasons. V. Nursing expenses If the injured worker is assessed as disabled and confirmed by the labor ability appraisal committee to need life nursing, the life nursing expenses shall be paid by the work injury insurance fund on a monthly basis. Life care fees are paid according to three different levels: 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 standard is 0.5, 0.4 or 0.3 of the average monthly salary of employees in the overall planning area. 6. If the salary during the shutdown period is 1, and the employee has been working in this unit for 12 months before the work injury, the original salary standard shall be calculated according to the monthly average salary (including basic salary, bonus, subsidy and overtime) of 12 months before the work injury; 2. If the employee has been working in this unit for less than 12 months before the work-related injury, the original salary standard shall be calculated according to the actual monthly average salary before the work-related injury. 3. If the employee's work before the work injury is less than 1 month, the original salary standard shall be calculated according to the monthly salary agreed in the contract; If the original salary amount is not agreed upon or cannot be determined, the original salary standard shall be calculated at not less than 0.6 of the average monthly salary of employees in this Municipality in the previous year. Seven. Expenses for assistive devices Workers with work-related injuries may install assistive devices such as artificial limbs, orthotics, artificial eyes, dentures and wheelchairs due to their daily life or employment needs, and the required expenses shall be paid from the industrial injury insurance fund according to the standards stipulated by the state. Eight, one-time disability allowance 1, the actual amount of disability allowance is lower than the local minimum wage, make up the difference; Keep labor relations and quit your job. Workers with work-related injuries who reach retirement age and go through retirement formalities will stop receiving disability allowance and enjoy basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, make up the difference. Employers and employees pay basic medical insurance premiums based on disability allowance. 2. My salary refers to the average monthly payment salary of the injured workers 12 months before they suffer from accidents or occupational diseases. If my salary is higher than the average wage of employees in the overall planning area of 3, it shall be calculated according to the average wage of employees in the overall planning area of 3; If my salary is lower than the average wage of employees in the overall planning area of 0.6, it shall be calculated according to the average wage of employees in the overall planning area of 0.6. Nine, the labor relationship between the disability allowance and the employer shall be retained, and the employer shall arrange appropriate work. If it is difficult to arrange the work, the employer shall issue a monthly disability allowance, and the employer shall pay the social insurance premiums payable for it in accordance with the regulations. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.
Legal objectivity:
I. Calculation of compensation for work-related injuries (1) Disability treatment standard for Grade I to IV 1. One-time disability allowance (1) level 1 disability allowance = my salary ×27 months (2) level 2 disability allowance = my salary ×25 months (3) level 3 disability allowance = my salary ×23 months (4) level 4 disability allowance = (1) level 1 disability allowance = my salary × 90%. Grade IV disability allowance = my salary ×75% (Note: if the actual amount of disability allowance is lower than the local minimum wage standard, the difference will be made up by the industrial injury insurance fund) (II) Grade V and VI disability treatment standard 1. One-time disability allowance (1) level 5 disability allowance = my salary × 18 months (2) level 6 disability allowance = my salary × 16 months 2. Disability allowance (1 level 6 disability allowance = my salary ×60%) (Note: if there is any difficulty in arranging work for employees with work injuries, the employer will pay disability allowance monthly, and the actual amount of disability allowance is lower than the local minimum wage standard. The difference is made up by the employer. (3) The standard of disability treatment for grades 7 to 10 is 1. One-time disability allowance (1) level 7 disability = my salary × 13 months (2) level 8 disability = my salary × 1 1 month (3) level 9 disability = specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government. For example, Article 33 of the Measures for the Implementation of Industrial Injury Insurance in Hebei Province. (4) The treatment standard for work-related death is 1, and the funeral subsidy = the average monthly salary of employees in the last year in the overall planning area ×6 months. 2. One-time compensation for work-related death = 20 times of the per capita disposable income of urban residents in the previous year. 3. Standard pension for dependent relatives = my salary before work-related injury ×40%, and other relatives = my salary before work-related injury ×30%. If a disabled employee dies at work during the period of paid suspension, his immediate family members 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 unpaid leave, his immediate family members can enjoy the treatment stipulated in the first paragraph of this article. (5) Handling standards for accidents in emergency rescue and disaster relief 1. Employees who go out to work on business and have an accident or the whereabouts of emergency rescue and disaster relief are unknown shall be paid as usual within 3 months from the month of the accident. 2 from the fourth month to stop the payment of wages, by the industrial injury insurance fund to pay a monthly pension to support relatives. 3, life is difficult, you can advance 50% of the one-time death pension. Two. Indentation: 2em ">4. Where an employee is declared dead by the people's court, it shall be handled in accordance with Article 37 of the Regulations on Industrial Injury Insurance. Two. Compensation items The compensation items for work-related injury claims are as follows: 1, medical expenses for compensation for general injuries (not reaching disability), food subsidies for the injured during hospitalization, living care expenses, wages during work-related injuries, and transportation and accommodation expenses. 2. Compensation for medical expenses for the disabled, food subsidies for the injured during hospitalization, living nursing expenses, wages during work-related injuries, transportation and accommodation expenses, expenses for assistive devices, one-time disability subsidies, disability allowances, one-time medical subsidies for work-related injuries, and one-time employment subsidies for the disabled. 3. Death compensation, funeral subsidy, one-time casualty subsidy and dependent relatives pension. Regulations on Work-related Injury Insurance Article 37 Provisions on Handling Workers' Work-related Death. Two. Compensation items The compensation items for work-related injury claims are as follows: 1, medical expenses for compensation for general injuries (not reaching disability), food subsidies for the injured during hospitalization, living care expenses, wages during work-related injuries, and transportation and accommodation expenses. 2. Compensation for medical expenses for the disabled, food subsidies for the injured during hospitalization, living nursing expenses, wages during work-related injuries, transportation and accommodation expenses, expenses for assistive devices, one-time disability subsidies, disability allowances, one-time medical subsidies for work-related injuries, and one-time employment subsidies for the disabled. 3. Death compensation, funeral subsidy, one-time casualty subsidy and dependent relatives pension.