Calculation method of work-related injuries of migrant workers in Yixian County
1、 Publicized data of Yixian County Statistics Bureau:
1. The per capita disposable income of provincial residents in the previous year was 35112 yuan;
2. The per capita disposable income of urban households in the previous year was 43051 yuan;
3. The per capita disposable income of rural households last year was 19217 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 28438 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 14606 yuan;
6. Last year, the average wage of on-the-job employees of urban units was 88474 yuan;
7. Last year's average wages of on-the-job employees and industrial employees of urban units in various industries (year/person):
(1) 25087 yuan for agriculture, forestry, animal husbandry and fishery
(2) 92680 yuan for mining industry
(3) Manufacturing 83737 yuan
(4) 93405 yuan for power, heat, gas and water production and supply
(5) Construction industry 71102 yuan
(6) Wholesale and retail industry 72173 yuan
(7) 95060 yuan for transportation, warehousing and postal service
(8) 50886 yuan for accommodation and catering
(9) Information transmission, software and information technology service industry 123389 yuan
(10) Financial industry 126318 yuan
(11) Real estate 73194 yuan
(12) Rental and business service industry 60515 yuan
(13) 110533 yuan for scientific research and technical service industry
(14) Water conservancy, environment and public facilities management industry 50127 yuan
(15) 56232 yuan for resident service, repair and other services
(16) Education 98890 yuan
(17) Health and social work 93100 yuan
(18) 85806 yuan for culture, sports and entertainment
(19) Public management, social security and social organizations 89896 yuan
2、 Calculation method of work-related injuries of migrant workers in Yixian County
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.
The daily food allowance shall be calculated as 10% of the average social daily wage of the last year in the overall planning area, and the maximum shall not exceed 40% of the per capita daily consumption expenditure of provincial urban residents in the last year, and the minimum shall not be less than 15 yuan. The specific reimbursement standards and payment methods shall be formulated by the social insurance administrative department of the overall planning area together with the financial department.
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.
With the certificate issued by the medical institution and the consent of the handling institution, if the injured workers are transferred to medical treatment outside the planned area, they can take the train (hard seat, hard sleeper), bullet train (second-class seat), high-speed railway (second-class seat), ship (third class class) and passenger cars, and each time they go to the hospital, they can be reimbursed for a round trip transportation fee; Accommodation expenses shall be reimbursed according to the actual days before hospitalization, but shall not exceed 3 days at most, and shall not exceed 180 yuan per day.
If the transportation standard specified above is exceeded, the reimbursement shall be made according to the same transportation standard specified above; For those who travel by air, the reimbursement shall be made according to the standard of trains on the same journey; If the air ticket cost is lower than the train cost, it shall be reimbursed according to the actual cost of the air ticket.
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.
If an injured worker cannot take care of himself or herself and needs nursing care during the period of suspension with pay, the employer shall be responsible for arranging nursing care. If no nursing is arranged, the employer shall pay the nursing fee. The standard of nursing fees can be implemented with reference to the relevant provisions of the state, or the employer and the injured workers and their close relatives can negotiate with each other with reference to the average daily remuneration of local nursing workers.
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
Disabled workers of Grade 5 to Grade 10 who have reached the statutory retirement age and gone through retirement procedures do not enjoy one-time medical subsidies for work-related injuries, but the medical expenses for treating recurrent work-related injuries are paid by the work-related injury insurance fund.
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 one-time medical subsidy for work-related injuries shall be calculated and paid based on the average monthly salary of employees in the last year in the overall planning area. Among them, 18 months for Level 5 and 16 months for Level 6.
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 one-time medical subsidy for work-related injuries shall be calculated and paid based on the average monthly salary of employees in the last year in the overall planning area. Among them, 13 months for Level 7, 11 months for Level 8, 9 months for Level 9, and 7 months for Level 10.
11. One time disability employment subsidy
Disabled workers of Grade 5 to Grade 10 who have reached the statutory retirement age and gone through retirement procedures will not enjoy one-off disability employment subsidies, but the medical expenses for treating recurrent work-related injuries will be paid by the work-related injury insurance fund.
When a disabled employee of Grade 5 to 10 proposes to terminate or terminate his/her labor relationship with the employer, if the retirement age is less than 5 years and the labor relationship is terminated or terminated 4, 3, 2, or 1 years in advance, the one-time disability employment subsidy will be reduced by 2, 4, 6, or 7 months. If the retirement age is less than one year, it shall be calculated as one year.
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 one-time disability employment subsidy shall be based on the principle of determining the base for the calculation and payment of the average monthly salary of the injured worker in the 12 months before the injury compared with the average salary of the injured worker in the 12 months before the dissolution or termination of the labor relationship. Among them, the fifth level is 28 months, and the sixth level is 24 months.
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 one-time disability employment subsidy shall be based on the principle of determining the base for the calculation and payment of the average monthly salary of the injured worker in the 12 months before the injury compared with the average salary of the injured worker in the 12 months before the dissolution or termination of the labor relationship. Among them, 20 months for Level 7, 16 months for Level 8, 12 months for Level 9, and 8 months for Level 10.
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.
The calculation and distribution base of pension for dependent relatives is the average monthly contribution salary of the employee 12 months before the industrial injury; If the average monthly payment salary of an employee 12 months before the industrial injury is lower than his disability allowance or basic endowment insurance benefits, it shall be his average disability allowance or basic endowment insurance benefits 12 months before the death of the employee.
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.
