2016 latest industrial injury compensation standards
Disability benefits from level one to level four:
According to Article 35 of the latest "Regulations on Work-related Injury Insurance", if an employee becomes disabled due to work and is identified as a first- to fourth-level disability, the labor relationship will be retained, he will quit his job, and he will enjoy the following benefits:
(1) A one-time disability subsidy is paid from the work-related injury insurance fund according to the disability level. The standard is: first-level disability is 27 months of personal wages, second-level disability is 25 months of personal wages, third-level disability is 23 months of personal wages, and fourth-level disability is 21 months of personal wages;
(2) Disability allowances are paid monthly from the work-related injury insurance fund. The standard is: first-level disability is 90% of the individual's salary, second-level disability is 85% of the individual's salary, third-level disability is 80% of the individual's salary, and fourth-level disability is 75% of the individual's salary. If the actual amount of disability allowance is lower than the local minimum wage standard, the work-related injury insurance fund will make up the difference;
(3) After an employee injured at work reaches the retirement age and goes through the retirement procedures, the disability allowance will be stopped and he will enjoy basic pension insurance benefits in accordance with relevant national regulations. If the basic pension insurance benefit is lower than the disability allowance, the work-related injury insurance fund will make up the difference.
If an employee is diagnosed with a first- to fourth-level disability due to work-related disability, the employer and individual employee shall pay basic medical insurance premiums based on the disability allowance.
Level 5 and Level 6 disability benefits:
According to Article 36 of the latest "Regulations on Work-related Injury Insurance", employees who are identified as grade five or grade six disabled due to work shall enjoy the following benefits:
(1) A one-time disability subsidy is paid from the work-related injury insurance fund according to the disability level. The standard is: Level 5 disability is 18 months of personal wages, and Level 6 disability is 16 months of personal wages;
(2) Retain the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange work, the employer will provide a disability allowance on a monthly basis. The standard is: 70% of the individual's salary for level five disability and 60% of the individual's salary for level six disability. The employer shall pay various social insurance premiums in accordance with regulations. If the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference.
Upon the request of an injured employee himself, the employee can dissolve or terminate the labor relationship with the employer, and the work-related injury insurance fund will pay a one-time work-injury medical subsidy, and the employer will pay a one-time disability employment subsidy. The specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Disability benefits from grades 7 to 10:
According to Article 37 of the latest "Regulations on Work-related Injury Insurance", employees who are disabled due to work and are identified as having a disability of level 7 to level 10 will enjoy the following benefits:
(1) A one-time disability subsidy is paid from the work-related injury insurance fund according to the disability level. The standards are: 13 months of personal wages for a seventh-level disability, 11 months of personal wages for an eighth-level disability, 9 months of personal wages for a ninth-level disability, and 7 months of personal wages for a tenth-level disability;
(2) If the labor or employment contract expires or is terminated, or the employee himself proposes to terminate the labor or employment contract, the work-related injury insurance fund shall pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Workers’ compensation standard calculation table:1. General injuries
1. Medical expenses: [Article 29, Paragraph 3] [Payment from work-related injury insurance fund]
2. Food subsidy during hospitalization: [Article 29, Paragraph 4] [Calculated at 70% of the unit’s food subsidy for business trips. 】【Unit payment】
3. Transportation expenses: [Article 29, Paragraph 4] [Conditions include certification from the medical institution, consent from the handling agency, and coordinating medical treatment outside the region] [Calculation based on standard calculation for business trips] [Payment by the unit]
4. Food and accommodation expenses: [Article 29, Paragraph 4] [Same conditions as transportation expenses] [Payable by the unit]
5. Rehabilitation treatment fees [Article 29, Paragraph 6] [Fund payment]
6. Prosthetic limbs, orthotics, prosthetic eyes, dentures, and wheelchair fees: [30 items] [National standards] [Fund payment]
7. Wages and benefits: [Article 31, Paragraph 1] [During suspension of work to receive medical treatment for work-related injuries] [Original benefits remain unchanged, generally no more than 12 months, up to 2 years] [Payment by the unit]
8. Nursing fees: [Article 31, Paragraph 3] [During the period when you are unable to take care of yourself, and you have to stop working and keep salary] [Pay by the employer]
2. Cause disability
1. Living care expenses [Article 32, Paragraph 2] [The disability level has been assessed and the need for living care has been confirmed by the appraisal committee] [Based on three levels: completely unable to take care of oneself, mostly unable to take care of oneself, and partially unable to take care of oneself, 50%, 40%, and 30% of the average salary in the overall planning area] [paid monthly from the fund]
2. A Disability benefits from grades one to four
【1】Retain the labor relationship and quit the job [Article 33, paragraph 1]
[2] One-time disability benefit [Level 1 24 months* personal salary/month] [Level 2 22 months* personal salary/month] [Level 3 20* personal salary/month] [Level 4 18* personal salary] [Fund payment]
[3] Disability allowance [paid monthly] [90% of the salary of the first-level individual] [85% of the salary of the second-level individual] [80% of the salary of the third-level individual] [75% of the salary of the fourth-level individual] [If it is lower than the local minimum wage standard, the difference should be made up] [Fund payment]
B Level 5, Level 6
[1] One-time disability subsidy: [Standard: 16 months for level five and 14 months for level six] [Fund expenditure]
[2] Disability allowance: [Difficult to arrange work] [Disability allowance paid monthly] [Payment by the employer] [Standard level 5: 70% of the individual’s salary. Level 6: 60%] [lower than the local minimum wage standard. The employer will make up the difference]
【3】Standard for one-time disability medical subsidy [for termination of labor relationship] "Interim Measures for the Implementation of Work-related Injury Insurance Regulations of Henan Province" Article 32] [16 months for level five, 14 months for level six, the average monthly salary of regional employees in the previous year] [Payment by the unit]
【4】Standards for disability employment subsidy [for termination of labor relationship] "Interim Measures for the Implementation of Work-related Injury Insurance Regulations of Henan Province" Article 32] [56 months for Level 5, 46 months for Level 6] [Payment by the unit]
c Level 7 to Level 10
[1] One-time disability subsidy: [Standard: 12 months for level seven, 10 months for level eight, personal monthly salary, 8 months for level nine, and 6 months for level ten] [Fund expenditure]
[3] One-time work-related injury medical subsidy [for those who terminate the labor relationship or terminate the labor contract] [standard "Interim Measures for the Implementation of Work-related Injury Insurance Regulations of Henan Province" Article 32] [12 months for level 7, 10 months for level 8, 8 months for level 9, and 6 months for level 10, based on the average monthly salary of employees in the previous year in the coordinating area] [payment by the unit]
[4] Disability employment subsidy [for those who terminate the labor relationship or terminate the labor contract] [Standard "Interim Measures for the Implementation of Work-related Injury Insurance Regulations of Henan Province" Article 32] [36 months for level seven, 26 months for level eight, 16 months for level nine, and 6 months for level ten] [Payment by the unit]
3. Death on the job
1. Funeral subsidy [6 months*average monthly salary of employees in the coordinated area in the previous year] [Fund expenditure]
2. Pensions for dependent relatives [a certain proportion of the employee’s own salary: 1, 40% for the spouse, 30% for other relatives, and an increase of 10% for the elderly and orphans. The total amount shall not exceed the lifetime salary] [Fund Expenditure]
3. One-time work-related death benefit [54 months* based on the average monthly salary standard of employees in the previous year in the coordinated area, and for those who act bravely, it will be paid according to 60 months] [Fund expenditure]
4. Compensation standards for death due to illness or non-work-related death (not considered work-related injury):
Death due to illness or non-work-related death, funeral benefit, one-time benefit for immediate family members, one-time pension
Amount of compensation 3 months average salary 6 months salary 6 months of employment, 3 months of retirement