Calculation method of industrial injury in Yushu City
1、 Publicized data of Yushu Municipal Bureau of Statistics:
1. The per capita disposable income of urban households in the previous year was 35471 yuan;
2. The per capita disposable income of rural households in the previous year was 18134 yuan;
3. The per capita consumption expenditure of urban residents in the previous year was 21835 yuan;
4. The per capita consumption expenditure of rural residents in the previous year was 12729 yuan;
5. Average wages of employees in all industries and industries in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 53192 yuan
(2) Mining industry 82233 yuan
(3) 93088 yuan for manufacturing industry
(4) Electricity, heat, gas and water production and supply industry 100559 yuan
(5) About 64000 yuan for the construction industry
(6) 70055 yuan for wholesale and retail
(7) 86901 yuan for transportation, warehousing and postal services
(8) 44784 yuan for accommodation and catering
(9) 93158 yuan for information transmission, software and information technology services
(10) Financial industry 84244 yuan
(11) Real estate 60278 yuan
(12) Leasing and business service industry: 57985 yuan
(13) Scientific research and technical service industry 100297 yuan
(14) Water conservancy, environment and public facilities management industry 42714 yuan
(15) 40893 yuan for resident service, repair and other service industries
(16) Education 88274 yuan
(17) Health and social work 93596 yuan
(18) 72104 yuan for culture, sports and entertainment
(19) Public management, social security and social organizations 79915 yuan
2、 Calculation method of industrial injury in Yushu City
1. Medical expenses
If the expenses needed for the treatment of work-related injury meet the diagnostic and treatment items catalogue of work-related injury insurance, the pharmaceutical catalogue of work-related injury insurance, and the hospitalization service standards of work-related injury insurance, they shall be paid from the work-related injury insurance fund.
2. Food allowance
The food allowance during the period when the injured employees are hospitalized for medical treatment, rehabilitation and allocation of auxiliary equipment shall be paid from the industrial injury insurance fund at the rate of 10% of the average daily wage of employees in the last year in the overall planning area.
3. Transportation and accommodation expenses
If the industrial injury insurance agency agrees to seek medical treatment outside the planned area, the board and lodging expenses shall be paid by the industrial injury insurance fund in accordance with the standards of 20% and 60% of the average daily wages of the employees in the planned area in the previous year, and the transportation expenses shall be paid by the industrial injury insurance fund in accordance with the standard of treatment enjoyed by ordinary employees of public institutions in the planned area.
4. Work injury rehabilitation cost
The cost of rehabilitation of work-related injuries to the medical institution that signed the service agreement shall be paid from the work-related injury insurance fund if it meets the requirements.
5. Auxiliary equipment cost
Due to the needs of daily life or employment, the injured workers can install artificial limbs, orthopedics, artificial eyes, false teeth, wheelchair and other auxiliary devices after confirmation by the labor ability appraisal committee, and the necessary expenses shall be paid from the industrial injury insurance fund according to the standards prescribed by the State.
6. Wages for suspension period
If an employee needs to suspend work to receive medical treatment for work-related injury due to accident injury or occupational disease at work, his/her original salary and welfare will remain unchanged during the pay retention period, and the unit to which he/she belongs will pay him/her monthly.
7. Nursing expenses
1) Nursing expenses during the suspension period with salary
If an injured worker who is unable to take care of himself or herself needs nursing care during the period of suspension with pay, the unit to which he or she belongs shall be responsible.
2) Living care cost after disability assessment
If the injured workers have been assessed as disabled and confirmed by the labor ability appraisal committee that they need living care, they shall pay living care fees from the industrial injury insurance fund on a monthly basis.
The living care fee shall be paid according to three different levels: totally unable to take care of themselves, mostly unable to take care of themselves or partially unable to take care of themselves. The standard is 50%, 40% or 30% of the average monthly salary of employees in the last year in the overall planning area.
8. Disability benefits
Grade I disability is 27 months' salary;
Grade II disability is 25 months' salary;
Grade III disability is my salary of 23 months;
Grade IV disability is my salary of 21 months;
Grade V disability is 18 months' salary;
Grade VI disability is 16 months' salary;
Grade VII disability is 13 months' salary;
Grade VIII disability is 11 months' salary;
Grade 9 disability is 9 months' salary;
Grade 10 disability is my salary of 7 months.
9. Disability allowance
1) Level I to IV disability
Grade I disability is 90% of my salary;
Grade II disability is 85% of my salary;
Grade III disability is 80% of my salary;
Grade IV disability is 75% of my salary.
If the actual amount of disability allowance is lower than the local minimum wage standard, the difference shall be made up by the industrial injury insurance fund. After the injured workers reach retirement age and go through retirement procedures, they will stop paying disability allowance and enjoy basic pension insurance benefits in accordance with relevant national regulations. If the basic old-age insurance benefits are lower than the disability allowance, the difference shall be made up by the industrial injury insurance fund.
If the work-related disability of an employee is identified as Grade I to Grade IV disability, the employer and individual employee shall pay basic medical insurance premiums based on disability allowance.
2) Five to six levels of disability
Keep the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange work, the employer shall pay a monthly disability allowance. The standard is:
Grade V disability is 70% of my salary;
Grade VI disability is 60% of my salary;
And the employer shall pay various social insurance premiums payable for it according to regulations. If the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference.
10. One time medical subsidy for work-related injury
If an employee suffers from more than two work-related injuries in the same unit, a one-time work-related injury medical subsidy will be calculated based on the highest level of disability, and 20% will be increased for each additional work-related injury.
1) Five to six levels of disability
If an injured worker is disabled at levels five to six, he or she may terminate or terminate the labor relationship with the employer upon the request of the injured worker himself or herself, and a one-time medical subsidy for work-related injuries shall be paid from the work-related injury insurance fund. The criteria are:
Grade V disability is 18 months' salary;
Grade VI disability is 16 months' salary.
For the injured workers suffering from occupational diseases, the one-time medical subsidy for industrial injuries will be increased by 30% on the basis of the above standards.
2) Level 7 to 10 disability
If an injured worker of Grade 7 to 10 is terminated upon the expiration of his/her labor or employment contract, or if the worker himself/herself proposes to terminate the labor or employment contract, a one-time medical subsidy for work-related injuries shall be paid from the work-related injury insurance fund. The criteria are:
Grade VII disability is 13 months' salary;
The salary of 11 months for Grade 8 disabled persons;
Nine months' salary shall be paid for those with Grade 9 disability;
Grade 10 disability is 7 months' salary.
For the injured workers suffering from occupational diseases, the one-time medical subsidy for industrial injuries will be increased by 30% on the basis of the above standards.
11. One time disability employment subsidy
If an employee suffers from more than two work-related injuries in the same unit, the one-time disability employment subsidy calculated according to the highest disability level will increase by 20% for each additional work-related injury.
1) Five to six levels of disability
An injured worker who is disabled at work at levels 5 to 6 may terminate or terminate his/her labor relationship with the employer upon the request of the injured worker himself/herself, and the employer shall pay a one-time disability employment subsidy. The criteria are:
16 months' salary for Grade V disability;
The salary of the person with Grade VI disability is 14 months' salary.
If the disabled employee is less than 5 years away from the statutory retirement age, the one-time disability employment subsidy shall be paid at the rate of decreasing by 20% every year. If the legal retirement age is less than one year away, the one-time disability employment subsidy shall be paid at 10% of the standard, and those reaching the retirement age will not be paid.
2) Level 7 to 10 disability
The employer shall pay a lump sum disability employment subsidy to an injured employee of Grade 7 to Grade 10 who is disabled at work and whose labor or employment contract expires or the employee himself or herself proposes to terminate the labor or employment contract. The criteria are:
Grade VII disability is 11 months' salary;
For Grade 8 disabled, the salary is 9 months;
Seven months' salary shall be paid for those with Grade 9 disability;
Grade 10 disability is 5 months' salary.
If the disabled employee is less than 5 years away from the statutory retirement age, the one-time disability employment subsidy shall be paid at the rate of decreasing by 20% every year. If the legal retirement age is less than one year away, the one-time disability employment subsidy shall be paid at 10% of the standard, and those reaching the retirement age will not be paid.
12. Funeral allowance
The funeral subsidy is the average monthly salary of employees in the last year in the overall planning area for 6 months.
13. Pensions for dependent relatives
The pension for the supporting relatives shall be paid to the relatives who provided the main source of livelihood and were unable to work before the death of the employee due to work according to a certain proportion of the employee's salary. The criteria are:
Spouse 40% per month;
30% per person per month for other relatives;
An increase of 10% per person per month on the basis of the above standards for the elderly or orphans who are alone or widowed.
The sum of the verified pensions of the supporting relatives shall not be higher than the living wages of the employees who died due to work. The specific scope of supporting relatives shall be stipulated by the social insurance administrative department of the State Council.
14. One time death allowance
The one-time work death subsidy standard is 20 times of the per capita disposable income of urban residents in the previous year.
