Calculation method of work-related injury of migrant workers
1、 Data published by the National Bureau of Statistics:
1. The per capita disposable income of the whole country in the previous year was 36883 yuan;
2. The per capita disposable income of urban households in the previous year was 49283 yuan;
3. The per capita disposable income of rural households in the previous year was 20133 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 30391 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 16632 yuan;
6. Average wages of employees in all industries and industries in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 53819 yuan
(2) Mining industry 108467 yuan
(3) 92459 yuan for manufacturing industry
(4) Power, heat, gas and water production and supply industry 125332 yuan
(5) Construction industry 75762 yuan
(6) Wholesale and retail trade 107735 yuan
(7) 109851 yuan for transportation, warehousing and postal services
(8) 53631 yuan for accommodation and catering
(9) Information transmission, software and information technology service industry 201506 yuan
(10) Financial industry 150843 yuan
(11) Real estate 91143 yuan
(12) Leasing and business services 102537 yuan
(13) 151776 yuan for scientific research and technical service industry
(14) Water conservancy, environment and public facilities management industry 65802 yuan
(15) 65193 yuan for resident service, repair and other service industries
(16) Education 111392 yuan
(17) Health and social work 126828 yuan
(18) 117329 yuan for culture, sports and entertainment
(19) Public management, social security and social organizations 111361 yuan
2、 Calculation method of work-related injury of migrant workers
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 for hospitalized workers with work-related injuries shall be paid from the work-related injury insurance fund, and the specific standard of the fund payment shall be stipulated by the people's government of the coordinating region.
3. Transportation and accommodation expenses
With the certificate issued by the medical institution and the consent of the handling institution, the transportation, board and lodging expenses required by the injured workers to seek medical treatment outside the overall planning area shall be paid from the industrial injury insurance fund, and the specific standards of the fund payment shall be stipulated by the people's government of the overall planning 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
1) Five to six levels of disability
If an injured worker who is disabled at work at levels five to six proposes to terminate or terminate his/her labor relationship with the employer, the worker shall be paid a one-time medical subsidy for work-related injuries from the work-related injury insurance fund. The specific standard of the one-time medical subsidy for work-related injuries shall be stipulated by the people's government of the province, autonomous region, or municipality directly under the Central Government.
2) Level 7 to 10 disability
For workers with work-related injuries from Grade 7 to Grade 10, if their labor or employment contracts expire or the workers themselves propose to terminate their labor or employment contracts, the work-related injury insurance fund shall pay a one-time medical subsidy for work-related injuries. The specific standards for the one-time medical subsidy for work-related injuries shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
11. One time disability employment subsidy
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, and the employer shall pay a one-time disability employment subsidy. The specific standard of the one-time disability employment subsidy shall be stipulated by the people's government of the province, autonomous region, or municipality directly under the Central Government.
2) Level 7 to 10 disability
For workers with work-related injuries from Grade 7 to Grade 10, if their labor or employment contracts expire or the workers themselves propose to terminate their labor or employment contracts, the employer shall pay a one-time disability employment subsidy. The specific standards of the one-time disability employment subsidy shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
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.
