Talk about the risk of accidents at work

Some people say that family is important because family is the root of a person. Some people say that work is important because work feeds the family. I think these two are like two ends of the scale, one end is the family and the other end is work, maybe there is a short time in a person's life to tilt to one end, but the other end must be an inextricable pain in your heart.

There are risks to work. When an accident occurs at work, how to get the compensation it deserves, which involves issues related to workers' compensation. Laws and regulations have detailed provisions on this aspect. There are different rules depending on the degree of injury. Because disputes in the field of labor involving labor relations and other disputes belong to the pre-arbitration in the mainland, that is to say, in the case of not being able to get the compensation they deserve, they need to go through labor arbitration, which is one step more than the general dispute directly to the court litigation, that is, it takes more energy and time. Moreover, filing a lawsuit against the determination of work injury is an administrative lawsuit, which is also different from a general civil lawsuit. Many people can make mistakes without contact. So let me explain in detail to you the details of workers' compensation and compensation process in Shandong Province. Friends who want to learn can take this opportunity to accumulate multiple times, and friends who do not want to learn can collect it for backup. If you have a problem and can't understand it, you can contact me.

The Shandong Provincial Work-related Injury Compensation Standard, also known as the Shandong Provincial Work-related Injury Insurance Treatment Standard, refers to the compensation items and standards that the injured workers and relatives of the deceased workers in Shandong Province shall enjoy in accordance with the law. If an employee of an employer is injured during the period of non-participation in the work-related injury insurance, the employer shall pay the expenses in accordance with the <工伤保险条例>work-related injury insurance treatment items and standards stipulated in the Regulations on Work-related Injury Insurance and the Implementation Measures of Shandong Province.

1. Medical expenses

Requirements: The expenses required for the treatment of work injuries comply with the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the standards of inpatient services for work-related injury insurance; if the employer does not participate in the work-related injury insurance, it is not necessary to go to a medical institution with a service agreement for treatment.

2. Allowance for hospital meals

During the period of hospitalization, payment shall be made in accordance with the standards prescribed by each co-ordinating region.

3. Transportation expenses, food and accommodation expenses

Payment shall be made in accordance with the standards prescribed by each co-ordinating region. The medical institution issues a diagnosis certificate, and the handling agency agrees that the injured worker shall seek medical treatment outside the co-ordination area; the meal subsidy fee for the employee's hospitalization treatment of the work-related injury, as well as the medical institution shall issue a certificate and report to the handling agency for approval, the transportation, accommodation expenses required for the injured worker to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance fund, and the specific standards for payment by the fund shall be stipulated by the people's government of the co-ordinating area.

4. Rehabilitation treatment fees

The expenses required for the treatment of work injuries comply with the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the standards of inpatient services for work-related injuries; The expenses for the rehabilitation of work-related injuries by injured workers to the medical institutions where the service agreement has been signed, and if they meet the requirements, shall be paid from the work-related injury insurance fund.

5. Assistive device fees

Shandong Province work injury assistive device projects and cost limit standards. The injured employee or his or her immediate family members shall apply for confirmation of the allocation to the local labor capacity appraisal institution with the conclusion of the work injury determination, the medical diagnosis certificate and the relevant medical record data.

6. Suspension of work and retention of pay

The original salary and welfare benefits remain unchanged and are paid by the unit on a monthly basis; the period of suspension of work and salary is generally not more than 12 months; the injury is serious or the situation is special, and it may be appropriately extended upon confirmation by the districted municipal labor capacity appraisal committee, but the extension shall not exceed 12 months.

7. Nursing fees

If the person is unable to take care of himself or needs nursing care during the period of suspension of work and pay, the unit is responsible; during the period of suspension of work and salary, he cannot take care of himself and needs nursing care; whether there is hospitalization or not, and whether there is an appraisal conclusion of the work injury committee

8. Living care expenses

According to the three different levels of complete inability to take care of themselves, most of the life can not take care of themselves, or the part of life can not take care of themselves, the standard is 50%, 40% or 30% of the average monthly wage of the staff in the previous year in the coordinating area.

The injured worker has been assessed as a disability and confirmed by the Labor Capacity Appraisal Committee that he needs life care.

9. Work injury appraisal level 1 to level 4 disability treatment

1. General standard: enjoy a one-time disability allowance: 27 months' salary for first-degree disability, 25 months' salary for second-degree disability, 23 months' salary for third-degree disability, and 21 months' salary for fourth-degree disability; Monthly disability allowance: 90% of my salary for first-degree disability, 85% of my salary for second-degree disability, 80% of my salary for third-degree disability, and 75% of my salary for fourth-degree disability. If the actual amount of disability allowance is lower than the local minimum wage, the difference shall be made up.

2. Requirements: Retain the labor relationship and withdraw from the work. After the injured worker reaches the retirement age and goes through the retirement procedures, the disability allowance is suspended and the basic old-age insurance treatment is enjoyed. Where the basic old-age insurance treatment is lower than the disability allowance, the difference shall be made up. Employers and individual employees shall pay basic medical insurance premiums on the basis of disability allowance.

10. Work injury appraisal level 5 and level 6 disability treatment

1. Standard: (1) Enjoy a one-time disability allowance: 18 months' salary for grade 5 disability and 16 months' salary for grade 6 disability; retain the labor relationship with the employer and arrange appropriate work by the employer. Where it is difficult to arrange work, the employer shall pay a disability allowance on a monthly basis, with a grade 5 disability of 70% of his or her salary and a grade 6 disability of 60% of his or her salary, and the employer shall pay all social insurance premiums due to him or her in accordance with regulations. (2) Upon the request of the disabled employee himself or herself, he or she may terminate the labor relationship with the employer and obtain a one-time medical subsidy for work-related injuries based on the average monthly wage of the employees in the previous year in the coordinating area: 22 months for grade 5 disability and 18 months for grade 6 disability. One-time disability employment benefit: 36 months for grade 5 disability and 30 months for grade 6 disability.

2. Requirements: To retain the labor relationship with the employer, the employer shall arrange appropriate work, and if the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference.

3. Supplementary (1) If the employee is diagnosed with an occupational disease, the one-time medical subsidy for work-related injury shall be paid 50% on the basis of the above standards ;(2) When the injured employee and the employer terminate or terminate the labor contract; if it is less than 5 years from the statutory retirement age, the one-time disability employment subsidy shall be reduced by 20% for each 1 year. Less than 1 year from the statutory retirement age, 10% of the full amount of the one-time disability employment allowance shall be paid; if the statutory retirement age is reached or the retirement procedures are completed in accordance with the regulations, the one-time work-related injury medical allowance and the one-time disability employment subsidy shall not be paid.

11. Disability benefits from Grades 7 to 10 in the appraisal of work injuries

(1) Enjoy a one-time disability allowance: 13 months' salary for Grade 7 disability, 11 months' salary for Grade 8 disability, 9 months' salary for Grade 9 disability, and 7 months' salary for Grade 10 disability; (2) Disabled employees who terminate or terminate their labor relations with the employer in accordance with the law, based on the average monthly wages of employees in the coordinating area in the previous year, receive a one-time work-related injury medical subsidy: 13 months for Grade 7 disability, 10 months for Grade 8 disability, 7 months for Grade 9 disability, and 4 months for Grade 10 disability • Receive a one-time disability employment benefit for 20 months for Grade 7 disability, 16 months for Grade 8 disability, 12 months for Grade 9 disability and 8 months for Grade 10 disability. If the labor contract is terminated at the expiration of the labor contract, or the employee himself or herself proposes to terminate the labor contract, the work injury insurance fund shall pay a one-time medical subsidy for work injury and the employer shall pay a one-time disability employment subsidy. Remarks: (1) If the employee is diagnosed with an occupational disease, the one-time work-related injury medical allowance shall be paid 50% on the basis of the above standards ;(2) When the labor contract between the injured employee and the employer is terminated or terminated, less than 5 years from the statutory retirement age, the one-time disability employment allowance is reduced by 20% for each 1 year reduction. Less than 1 year from the statutory retirement age, 10% of the full amount of the one-time disability employment allowance shall be paid; if the statutory retirement age is reached or the retirement procedures are completed in accordance with the regulations, the one-time work-related injury medical allowance and the one-time disability employment subsidy shall not be paid.

12. Standards for the treatment of work-related deaths

(1) Funeral allowance

Standard: the average monthly salary of employees in the previous year in the co-ordination area for 6 months;

Remarks: Shandong Province implements city-wide co-ordination in districted cities.

(2) Pension for supporting relatives

First, a certain proportion of the employee's own salary shall be paid to the relatives of the deceased worker who provided the main source of subsistence and were unable to work before his or her death.

Second, 40% per month for spouses, 30% per month for other relatives, and 10% per month for widows, widows, elderly people or orphans on the basis of the above standards.

Third, the sum of the approved pensions for dependent relatives shall not be higher than the salary of the employee who died at work.

(3) One-time work-related death benefit

First, the standard: 20 times the per capita disposable income of urban residents in the previous year.

Second, requirements: First, the immediate family members of the disabled employee who die due to the work injury during the period of suspension of work and pay shall enjoy the treatment of funeral allowance, pension for dependent relatives, and one-time work-related death benefit; second, the immediate family members of disabled employees of grades I to IV who die after the expiration of the period of suspension of work and pay can enjoy the treatment of funeral allowance and pension for dependent relatives.