compensation items and standards for industrial accidents in Yunnan:
cases without death:
1. medical expenses: compensation amount for medical expenses = medical treatment amount+drug amount+hospitalization service amount.
Note: Except for emergencies, employees should seek medical treatment in medical institutions that have signed service agreements, and all expenses meet the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance (Article 31 of the Regulation).
2. Food subsidy: compensation amount of food subsidy = standard of food subsidy for business trip of this unit (RMB/person/day) * number of people * days (Article 31 of the Regulations).
iii. transportation and accommodation expenses: transportation and accommodation expenses = transportation expenses+accommodation expenses+meals expenses = transportation expenses standard for employees on business trips * number of round trips+accommodation standard for employees on business trips * days+meals standard for employees on business trips * days.
note: the premise of this compensation is that the medical institution will issue a certificate and report it to the handling institution for approval, and seek medical treatment outside the overall planning area, but this compensation does not exist in the overall planning area (Article 31 of the Regulations).
iv. assistive devices expenses: the compensation amount of assistive devices expenses = reasonable expenses of common applicable devices * number of devices. (Article 32 of the Regulation)
One-time payment of assistive devices for migrant workers:
Assistive device fee =(75- age when receiving one-time treatment) ÷ Service period of assistive devices × standard for initial allocation of assistive devices (Article 15 of the Interim Measures for Industrial Injury Insurance for Migrant Workers in Yunnan Province).
5. Nursing expenses: (1) I can't take care of myself at all: nursing expenses = average monthly salary in the overall planning area *51%;
(2) Most people can't take care of themselves: nursing expenses = average monthly salary in the overall planning area *41%;
(3) I can't take care of myself in the living part: nursing expenses = average monthly salary in the overall planning area *31%.
Note: This compensation starts from the time when the work-related injury has been rated as disabled and confirmed by the labor ability appraisal committee that life care is needed until the self-care ability is restored (Article 34 of the Regulation).
VI. One-time disability allowance: (Articles 35 to 37 of the Regulations)
First-class disability allowance = my monthly salary *27; Secondary disability allowance = my monthly salary *25;
level iii disability allowance = my monthly salary *23; Level 4 disability allowance = my salary *21;
level 5 disability allowance = my monthly salary *18; Level 6 disability allowance = my monthly salary *16;
level 7 disability allowance = my monthly salary *13; Grade 8 disability allowance = my monthly salary *11;
level 9 disability allowance = my monthly salary *9; Ten disability allowance = my monthly salary *7;
VII. Disability allowance: (Articles 35-37 of the Regulations) (After employees with work-related injuries reach retirement age and go through retirement procedures, they will stop paying disability allowance and enjoy basic old-age insurance benefits in accordance with relevant state regulations)
First-class disability allowance = my salary *91%; Secondary disability allowance = my salary *85%;
level 3 disability allowance = my salary *81%; Level 4 disability allowance = my salary *75%;
level 5 disability allowance = my salary *71%; Six disability allowance = my salary *61%.
Note: Grade 5 or 6 disability can only be obtained if the labor relationship with the employer is maintained and it is difficult to arrange work.
Migrant workers pay disability allowance in one lump sum (including disability allowance, nursing expenses and medical expenses for recurrent old injuries):
First-class disability allowance = average monthly salary of workers above ground *144;
secondary disability allowance = the average monthly salary of employees above the ground *122;
level 3 disability allowance = the average monthly salary of employees above the ground *118;
level-4 disability allowance = average monthly salary of above-ground employees as a whole *86;
Note: The condition is that they are over 16 years old and under 45 years old at the time of injury, and those who are over 45 years old at the time of injury will be reduced by 31,111 yuan respectively according to the corresponding grades (Paragraph 1 of Article 15 of the Interim Measures for Industrial Injury Insurance for Migrant Workers in Yunnan Province).
VIII. One-time work-related injury medical subsidy and disability employment subsidy:
One-time disability employment subsidy: (Articles 38 and 39 of the Measures for the Implementation of the Regulations on Work-related Injury Insurance in Yunnan Province)
Five-level disability subsidy = overall salary *33; Six disability allowance = overall salary *29;
level 7 disability allowance = overall salary *22; Eight disability allowance = overall salary *18;
level 9 disability allowance = overall salary *13; Ten-level disability allowance = overall salary *7.
One-time medical subsidy for work-related injuries: (Articles 38 and 39 of Yunnan Province's Measures for Implementing the Regulations on Work-related Injury Insurance)
Five-level disability subsidy = overall salary *15; Six disability allowance = overall salary *13;
level 7 disability allowance = overall salary *8; Eight disability allowance = overall salary *6;
level 9 disability allowance = overall salary *3; Ten-level disability allowance = overall salary *2.
(For workers suffering from occupational diseases, the one-time medical subsidy for work-related injuries will be increased by 31% on the basis of the above-mentioned standards)
Note: The above two levels of subsidies are applicable to the case where the employer can terminate or terminate the labor relationship with the employee himself, and the levels of 7 to 11 are applicable to the case where the labor contract expires or the employee himself proposes to terminate the labor contract, and the employer can terminate or terminate the labor relationship with him. Living expenses, medical expenses, nursing expenses, food subsidies and transportation expenses during the treatment period before the labor ability appraisal are all paid by the unit.
Death:
1. Funeral allowance: Funeral allowance = average monthly salary of the last year in the overall planning area *6. (Article 39 of the Regulations)
The preconditions for compensation are: (1) Death in the line of duty; (two) disabled workers died due to work during the shutdown with pay; (three) one to four disabled people died after the expiration of the suspension of work with pay.
II. Pension for dependent relatives: Spouse pension = monthly salary of the deceased employee *41% (Article 37 of the Regulations)
Pension for other relatives = monthly salary of the deceased employee *31%
Note: The widowed elderly or orphans will be increased by 11% on the basis of the above standard, and the sum of the approved pensions for dependent relatives should not be higher than the salary of the employee who died at work. The dependent relatives are provided by the employee who died at work before his death.
the premise of compensation is: (1) death in the line of duty; (two) disabled workers died due to work during the shutdown with pay; (three) one to four disabled people died after the expiration of the suspension of work with pay.
One-time payment of pension for migrant workers: (Article 16 of the Interim Measures for Industrial Injury Insurance for Migrant Workers in Yunnan Province)
Spouse pension = 61,111 yuan;
Others = 41,111 yuan
Children and siblings = 3,111 yuan/person/year (ending at the age of 18)
The elderly or orphans who are widowed increase by 11% on the basis of the above standard,
If there are many dependent relatives, the total amount of one-time payment shall not exceed 151,111 yuan according to the above standard (Article 16 of the Interim Measures for Industrial Injury Insurance for Migrant Workers in Yunnan Province).
Note: (The immediate family members of disabled workers of Grade I-IV can enjoy funeral subsidies and dependent relatives' pensions if they die after the period of suspension with pay)
III. One-time work death subsidies: (Article 37 of the Regulation)
One-time work death subsidies = per capita disposable income of urban residents in the previous year * 21 = (26,955 * 21 = 539,111 yuan) (2111)
One-time compensation standard for illegal employment casualties
Death:
1. One-time (disability) compensation:
First-class disability = average annual salary of employees in the overall planning area last year *16;
secondary disability = average annual salary of employees in the overall planning area in the previous year *14;
level 3 disability = average annual salary of employees in the overall planning area last year *12;
level 4 disability = average annual salary of employees in the overall planning area last year *11;
level 5 disability = average annual salary of employees in the overall planning area last year *8;
level 6 disability = average annual salary of employees in the overall planning area last year *6;
level 7 disability = average annual salary of employees in the overall planning area last year *4;
level 8 disability = average annual salary of employees in the overall planning area *3;
Grade 9 disability = average annual salary of employees in the overall planning area in the previous year *2;
level 11 disability = average annual salary of employees in the overall planning area last year *1.
Death:
II. One-time (death) compensation
One-time death compensation = per capita disposable income of urban residents in the previous year * 21 = (26,955 * 21 = 539,111 yuan) (2114 standard)
III. Other compensation such as funeral subsidies
Other compensation such as funeral subsidies. 11=269551 yuan) (2114 standard)
(Casualties in illegal employment units refer to employees who are injured by accidents or suffer from occupational diseases in units without business licenses or without legal registration and filing, and those whose business licenses have been revoked or their registration and filing have been revoked according to law, or who are disabled or killed by employing child labor. The living expenses, medical expenses, nursing expenses, food subsidies during hospitalization, transportation expenses and other expenses during the treatment period before the labor ability appraisal shall be paid by the unit where the disabled employees or child laborers work in accordance with the standards and scope stipulated in the Regulations on Industrial Injury Insurance. (Articles 6, 7 and 8 of the Measures of the Ministry of Labor and Social Security for One-time Compensation for Casualties in Illegal Employment Units)