Home >

Work-Related Injury Insurance Benefits

2009/1/6 16:01:00 41887

Twenty-ninth workers are treated for occupational injuries or occupational diseases, and enjoy medical treatment for work-related injuries.

Workers should receive medical treatment at the medical institutions where the service agreement is signed for treatment of work-related injuries. First, they may first come to a nearby medical institution for first aid.

The cost of treatment for work-related injuries accords with the catalogue of work-related injury insurance programs, the list of work-related injury insurance drugs, and the standard of in-patient injury insurance service, and is paid from the industrial injury insurance fund.

The catalogue of work-related injury insurance programs, the catalogue of work-related injury insurance drugs, and the standard of in-patient service for work-related injury insurance shall be stipulated by the labor and social security administrative department of the State Council in conjunction with the health administrative department of the State Council and the Department of drug supervision and administration.

If a worker is hospitalized for work-related injuries, he shall be given the allowance for hospitalization allowance in accordance with the 70% of the subsidy standard of the official travel allowance of his unit. According to the certificate issued by the medical institution, he agrees with the consent of the agency, and the expenses for pportation, accommodation and lodging of the workers who are injured outside the planned area are reimbursed by the units in accordance with their official travel standards.

Work-related injury workers treat diseases caused by non occupational injuries and do not enjoy medical treatment for work-related injuries. They are treated according to the basic medical insurance system.

The cost of rehabilitation treatment for medical workers of work-related injuries to medical institutions that sign the service agreement shall be paid in accordance with the provisions of the third paragraph of this article from the industrial injury insurance fund.

Thirtieth work-related injuries, as a result of daily life or employment needs, have been confirmed by the labor capability appraisal committee. They can install prostheses, orthoses, artificial eyes, false teeth and wheelchairs, and the cost will be paid according to the national standards.

Thirty-first workers who are injured by work or suffering from occupational diseases need to suspend their work and receive medical treatment for occupational injuries. During the period of suspension of wages and salaries, the original salary and welfare benefits will remain unchanged, and the units will be paid monthly by their units.

The period of suspension is usually less than 12 months.

If the injury is serious or the situation is special, it can be appropriately extended by the municipal labor capacity appraisal committee established by the District, but the extension shall not exceed 12 months.

After assessing the disability level, the injured workers are entitled to the original treatment and enjoy the disability treatment according to the relevant provisions of this chapter.

Work-related injury workers still need to be treated after they stop working, and continue to enjoy medical treatment for work-related injuries.

Workers who are unable to take care of their own lives and need to care for workers who are out of work and pay leave are responsible for their work.

Thirty-second work-related injury workers have assessed the disability grade and confirmed the need for life care through the labor capacity appraisal committee.

The standard of life care is totally incapable of taking care of oneself in accordance with life, most of the life can not be taken care of, or the living part can not take care of oneself at 3 different levels. The standards are respectively 50%, 40% or 30% of the monthly average wage of the workers in the whole District.

The thirty-third workers were identified as grade 1 to four disabled due to work-related disability. They retained labor relations and quit their jobs and enjoyed the following treatment:

(1) payment of a one-time disability allowance from the industrial injury insurance fund according to the disability level. The standard is: the first class disability is 24 months' self wages, the two level disability is 22 months' self wages, the three grade disability is 20 months' self wages, four grade disability is 18 months' self wages;

(two) pay disability allowance monthly from the industrial injury insurance fund. The standard is: first class disability is 90% of my salary, two level disability is 85% of my salary, three level disability is 80% of my salary, four grade disability is 75% of my salary.

The actual amount of disability allowance is lower than the local minimum wage standard, and the industrial injury insurance fund shall make up the difference.

(three) after the workers reach the retirement age and go through the retirement formalities, they will stop the disability allowance and enjoy the basic old-age insurance benefits.

If the basic old-age insurance benefits are below the disability allowance, the industrial injury insurance fund will make up the difference.

Workers who have been identified as grade 1 to four disability due to work-related disability shall be paid by the employer and their employees on the basis of disability allowance, and the basic medical insurance premium shall be paid.

Thirty-fourth workers who are identified as grade five or six due to work-related disability are entitled to the following treatment:

(1) payment of one-time disability allowance from the industrial injury insurance fund according to disability level. The standard is: five grade disability, 16 months' self wages, six grade disability 14 months' wages.

(two) retain the labor relations with the employing units, and arrange appropriate work by the employing units.

If the work is difficult to arrange, the employer shall issue the disability allowance monthly. The standard is: five grade disability is 70% of my salary, six grade disability is 60% of my salary, and the employer shall pay the social insurance premiums payable by the employing unit according to the regulations.

Where the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference.

According to the workers themselves, the worker can terminate or terminate the labor relationship with the employing unit, and the employer shall pay the one-time industrial injury medical subsidy and disability employment subsidy.

The specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.

Thirty-fifth workers who are identified as grade seven to ten disability due to work-related disability enjoy the following treatment:

(1) payment of one-time disability allowance from the industrial injury insurance fund according to disability level. The standard is: seven grade disability, 12 months' self wages, eight grade disability 10 months' self wages, nine grade disability 8 months' self wages, ten grade disability for 6 months' wages.

(two) when the labor contract expires, or the worker himself proposes to terminate the labor contract, the employer shall pay a one-time injury medical subsidy and a disability employment subsidy.

The specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.

Thirty-sixth industrial injury workers relapsed, confirmed the need for treatment, enjoy the provisions of this Ordinance twenty-ninth, thirtieth and thirty-first provisions of industrial injury treatment.

Thirty-seventh of the workers died, and their immediate family members received funeral subsidies, family pension and one-off subsidy for work losses according to the following provisions:

(1) the average monthly salary of the workers in the district shall be 6 months in a funeral allowance.

(two) the relatives' pensions are paid to a certain number of dependents who are provided with the main source of livelihood and the ability to work without any death.

The standard is: spouse 40% per month, other relatives 30% per month, widowed elderly or orphans each month on the basis of above standards increased by 10%.

The sum of the pensions of the approved dependents should not be higher than those of the workers who died due to the death of the workers.

The specific scope of supporting relatives shall be stipulated by the labor and social security administrative department of the State Council.

(three) the standard of one-off work allowance is 48 months to 60 months.

The specific standards shall be submitted to the people's Government of the overall planning area for the record of the people's Government of the province, autonomous region and municipality directly under the central government according to the provisions of the local economic and social development.

If a disabled worker dies due to industrial injury during the period of suspension of his stay, his immediate family members shall enjoy the treatment prescribed in the first paragraph of this article.

If a disabled worker of grade 1 to four dies after the expiration of his stay, the immediate family members may enjoy the treatment stipulated in Item 1 (1) and (two) of the first paragraph of this article.

The thirty-eighth disability allowance, the provision of family pension, and the cost of living care shall be adjusted in a timely manner according to the changes in the average wage and living expenses of the local labor and social security administrative departments.

The measures for adjustment shall be stipulated by the people's governments of the provinces, autonomous regions and municipalities directly under the central government.

Thirty-ninth workers who are in the process of going out of work or who have lost their whereabouts in the rescue and disaster relief work will pay their wages within 3 months from the month of the accident. They will pay wages from fourth months and pay their dependents pensions by the industrial injury insurance fund to their dependents.

If you have difficulties in life, you can advance 50% of the one-time death allowance.

If a worker dies by the people's court, it shall be dealt with according to the provisions of the thirty-seventh section of this regulation.

Fortieth work-related injury workers shall be entitled to industrial injury insurance under any of the following circumstances:

(1) loss of treatment conditions;

(two) refuse to accept the appraisal of labor capacity;

(three) refusing to treat;

(four) sentenced to prison.

Editor: vivi


  • Related reading

Which Groups Do Civil And Commercial Laws Include?

Labour laws
|
2008/12/20 16:55:00
41954

Should Employers Reduce Social Responsibilities?

Labour laws
|
2008/12/20 16:42:00
41929

How Can I Leave My Family Leave?

Labour laws
|
2008/12/19 17:08:00
41904

The Labor Contract Which Only Stipulate The Probation Period Is Invalid.

Labour laws
|
2008/12/19 17:06:00
41900

Can Abortion Enjoy Maternity Leave Treatment?

Labour laws
|
2008/12/19 17:00:00
41889
Read the next article

Patent Licensing Contract

Name of the project: the licensor (Party A) of the project is: the legal representative of the company, the following is the official position of the company.