Calculation method of work-related injury of migrant workers in Hexi District
1、 Publicized data of Hexi District Statistics Bureau:
1. The per capita disposable income of the city's residents in the previous year was 48976 yuan;
2. The per capita disposable income of urban households in the previous year was 53003 yuan;
3. The per capita disposable income of rural households in the previous year was 29018 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 33824 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 18934 yuan;
6. Average wages of on-the-job employees and industrial employees in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 79961 yuan
(2) Mining industry 160052 yuan
(3) Manufacturing industry 108714 yuan
(4) Electricity, heat, gas and water production and supply industry 176758 yuan
(5) Construction industry 108488 yuan
(6) Wholesale and retail trade 105619 yuan
(7) 114769 yuan for transportation, warehousing and postal services
(8) 58939 yuan for accommodation and catering
(9) Information transmission, software and information technology service industry 157515 yuan
(10) Financial industry 219311 yuan
(11) Real estate 103299 yuan
(12) Leasing and business services 102186 yuan
(13) Scientific research and technical service industry 186208 yuan
(14) Water conservancy, environment and public facilities management industry 106019 yuan
(15) 52504 yuan for resident service, repair and other service industries
(16) Education 152730 yuan
(17) Health and social work 166928 yuan
(18) Culture, sports and entertainment 137970 yuan
(19) Public management, social security and social organizations 148282 yuan
2、 Calculation method of industrial injury insurance in Hexi District
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 standard shall be separately stipulated by the Municipal People's Government.
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 planned area shall be paid from the industrial injury insurance fund, and the standard shall be separately stipulated by the Municipal People's Government.
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
When an injured worker cancels his/her labor (employment) contract or terminates his/her labor (personnel) relationship, if the legal retirement age is less than five years away, the one-time medical subsidy for industrial injury shall be paid at 80% of the amount, 60% if it is less than four years, 40% if it is less than three years, 20% if it is less than two years, and 10% if it is less than one year.
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 specific standard is based on the average monthly salary of the city's employees in the previous year: 12 months for Grade V disability and 10 months for Grade VI disability.
2) Level 7 to 10 disability
For workers with work-related injuries of grades 7 to 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 standard is based on the average monthly salary of the city's employees in the previous year: eight months for Grade VII disability, six months for Grade VIII disability, four months for Grade IX disability, and two months for Grade X.
11. One time disability employment subsidy
When an injured worker cancels his/her labor (employment) contract or terminates his/her labor (personnel) relationship, if he/she is less than five years away from the statutory retirement age, the one-time disability employment subsidy shall be paid at 80% of the amount, 60% if he/she is less than four years old, 40% if he/she is less than three years old, 20% if he/she is less than two years old, and 10% if he/she is less than one year old.
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 specific standard is based on the average monthly salary of the city's employees in the previous year: 18 months for Grade V disability and 15 months for Grade VI disability.
2) Level 7 to 10 disability
The employer shall pay a one-time disability employment subsidy to workers with work-related injuries from Grade 7 to Grade 10 who have their labor or employment contracts terminated at the expiration of the term, or who themselves propose to terminate their labor or employment contracts. The specific standard is based on the average monthly salary of the city's employees in the previous year: 12 months for Grade VII disability, 9 months for Grade VIII disability, 6 months for Grade IX disability, and 3 months for Grade X.
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.
