Disability allowance to issue
The method of disability stickers is based on the identification of employee disability identification, and the social insurance operation agency is paid on monthly. Some wages refer to the average monthly payment of the workers' accidents due to accident injuries or 12 months before the occupational disease. I have averaged 300% of the average wages of employees in the co-ordination area, calculated according to the average wage of employees in the co-ordination area; I am less than 60% of the average wages of employees in the co-ordination area, calculated in accordance with the average salary of employees in the co-ordination area.
Relevant laws stipulates that Article 35 of the Work Injury Insurance Regulations shall be identified as the first-class disability, retaining labor relations, retaining labor Jobs, enjoy the following treatment:
(1) paying a one-time disability subsidy from the wounded injury insurance fund, the standard is: the first-level disability is 27 months of my salary, second-level injury The residual wage was for 25 months, and the three-level disability of 23 months, the four-level disability of 21 months;
(2) paying the monthly payment from the Work Injury Insurance Fund The disability allowance, the standard is: 90% of the level of disability, the wage, the second-level disability is 85% of the wages, the three-level disability is 80% of my wages, and the four-level disability is 75% of the wages. . The actual amount of disability allowance is lower than the local minimum wage standard. It is made up of the work injury insurance fund;
(3) After the employee of the work injury reaches the retirement age, after retirement, stop the disability allowance, according to the country It is specified to enjoy basic endowment insurance benefits. Basic pension insurance is lower than the disability allowance, and the work injury insurance fund will make up the difference.
The employee is identified as the first-stage to four disability, and the individual medical insurance premium is paid by the employer and the employee individual by disability.
Article 36 The employee is identified as five, six disabled, enjoy the following treatment:
(1) From the work-related injury fund, the disposable disability subsidy is paid according to the disability level, the standard is: the five-level disability is my wage, the six-level disability is 16 months;
(2) Retaining the labor relationship with the employer, by the employer arranged properly. If it is difficult to arrange, the employer is issued to the disability allowance on the month, the standard is: the five-level disability is 70% of my wages, and the six-level disability is 60% of my salary, and the employer will pay according to the regulations The various social insurance premiums should be paid. The actual amount of disability allowance is lower than the local minimum wage standard, and the amount of employer has complement the difference.
According to the work injury workers, the employee can be lifted or terminated with the employer, and the work-related injury medical subsidy is paid by the work injury insurance fund, which pays a disposable disability employment subsidy by employer. The specific standard for disposable work injury medical subsidies and disposable disable employment subsidies is stated by the provincial, autonomous region, and municipal municipalities and governments.
Article 37 The employee is identified as the seven-level disability of the seven-stage disability, and the following treatment is available:
(1) From the work-related injury insurance fund, the disposable disability subsidy is paid according to the disability level, the standard is: the seven-level disability is 13 months, the eight-level disability is the 11-month me, the nine-level disability is 9 The month's own salary, ten disability of the top 7 months;
(2) labor, hiring contract expires, or employee people put forward labor, hiring contract, by work injury insurance fund Paying a disposable industrial injury medical subsidy, paying a disposable disability employment subsidy by employer. The specific standard for disposable work injury medical subsidies and disposable disable employment subsidies is stated by the provincial, autonomous region, and municipal municipalities and governments.
Computational Formula
The Work Injury Insurance Regulations stipulate that employees are identified as the first-class disability due to workers, "from the Work Injury Insurance Fund payment monthly The allowance, the standard is: the first-level disability is 90% of my wages, and the second-level disability is 85% of the wages, and the three-level disability is 80% of my wages, and the four-level disability is 75% of the wages. Injury The actual amount of Shenjin is lower than the local minimum wage standard, and the work-related injury insurance fund will be completed; "the employee is identified as five, six-level disability," reserved labor relations with the employer, and arranged by the employer Appropriate work. It is difficult to arrange work, and the employer is sent to the disability allowance on the month. The standard is: 70% of the five-level disability, the six-level disability is 60% of my salary, and the employer is regulated according to the regulations For the various social insurance premiums payable. The actual amount of disability allowance is lower than the local minimum wage standard, and the amount of employer has completed the difference. "According to the above provisions, the disability level is different from the disability level, respectively, according to the work injury insurance The funds and employers are issued on a month, and are divided into two situations due to the application of minimum wage:
(1) The actual amount of disability allowance calculated according to the statutory standard is higher or equal to the local minimum wage standard. The disability stickers were issued on a monthly basis according to the proportion of the wage, which was determined in accordance with the disability level.
1 level disability is 90% of its salary, its calculation formula is:
disability stickers compensation amount = I pay (yuan / Month) × 90%
, Ma Mou is a worker in a automobile production plant, and is identified as a first-level disability because of the emergence of work injury, Ma's The salary is 1200 yuan / month, according to the above formula, the wounded and disabled stickers should be: 1200 yuan / month × 90% = 1080 yuan / month, Ma is located in the east coast of my country, a large province, local area The minimum wage standard is 500 yuan / month. In this way, Ma will calculate the disabled grades in accordance with formulas than the local minimum wage, so it can be determined to be 1080 yuan / month.
Secondary disability is 85% of its salary, its calculation formula is:
disability stickers compensation amount = I salary (yuan / Month) × 85%
For example: Li Mou is a chemical factory employee, in a serious injury in a work injury accident, and after being identified by the Labor Ability Appraisal Committee as a second-level disability, It has previously been salary of 1000 yuan / month, according to the above formula, the wounded and disability stickers should be: 1000 yuan / month × 85% = 850 yuan / month, Li Mou's city is a provincial capital city, local The minimum wage standard is 400 yuan / month. In this way, Li Mou is higher than the local minimum wage in accordance with the formula, and therefore it can be determined to be 850 yuan / month.
Three-level disability is 80% of its salary, its calculation formula is:
disability stickers compensation amount = I salary (yuan / Month) × 80%
For example: Wang Mou is a employee of a steel plant, due to the disability, and after being identified by the Labor Ability Appraisal Committee as a three-level disability, in the past For 800 yuan / month, according to the above formula, the wounded gradation should be obtained as: 800 yuan / month × 80% = 640 yuan / month, Wang Mou's city is the city, the local provincial capital, the lowest wage standard It is just 640 yuan / month, so that Wang Moumou is equal to the local minimum wage standard according to the formula, so it can be determined to be 640 yuan / month.
4 disability is 75% of my salary, and its calculation formula is:
disability stickers compensation amount = I am salary (yuan / Month) × 75%
5, the six-level disability allowance also in the same way, that is, the salary is calculated by the legal ratio, it should be noted that it is identified as five, Six-level disabled workers do not certainly get wounded and residual allowances, only in their labor relationships and employers, the employer should be arranged, but when it is difficult to arrange, the employer will pay the disability on the month. Allowance, and one to four disabled disability stickers are of course obtained and is issued by the Work Injury Insurance Fund.
(2) According to the statutory criteria, the disability stickers are lower than the local minimum wage standard, which is the scope of the Work Injury Insurance Fund, and the wounded insurance fund is replenished, mainly one to four levels of disability, It belongs to the scope of the employer, and the difference between the employer is returned, mainly five or six levels of disability.
For example: Yang Moumou is a employee of a transportation company, which is disabled in a work injury accident. After being identified as a four-stage disability, the wage is 600 yuan / month before the work injury accident, according to the statutory Standard, the wounded and disabled grades you can are: 600 yuan / month × 75% = 450 yuan / month, Yang Mou's city is located in a certain country in the east coast of my country, the local minimum wage is 600 yuan / month, In this way, Yang Moumou is lower than the local minimum wage standard, according to the statutory standard, according to the provisions, should make up the difference in the Work Injury Insurance Fund, which means that Yang Mou will eventually get a 600 yuan / month's disability allowance.
It should be noted that Article 38 of the Work Injury Insurance Regulations stipulates that the disability stamp shall be adjusted in a timely adjustment of the labor security administrative department of the co-ordination area, according to the changes in the average salary and living expenses of employees, and the adjustment method shall be adjusted by the province, The people's government of the autonomous region and municipalities directly under the Central Government. In this way, if the disability is adjusted, the calculation method should be carried out according to the adjusted standard.
All provinces and cities
Shandong Province
In August 2019, Shandong's first-class to four work injury employee disability allowance , Life care fees and workers' pension standards are adjusted. This is Shandong since 2005, it has improved the treatment of work injury insurance for 15 consecutive years. This adjustment, the first-level to four work injury workers' disability allowances increased by 190 yuan, 180 yuan, 170 yuan, 160 yuan, respectively. Supporting relatives pension, Shandong stipulates that the spouse increases 65 yuan per month, other supporting relatives increased by 48 yuan per month, the elderly or orphans in the above criteria each month each month. 18 yuan. In terms of living care, it is determined according to the relevant provisions of the Work Injury Insurance Regulations (revised), and the provincial months have increased by 137.7 yuan. The adjustment range is before December 31, 2018, the first-class workers who receive the wounded allowance allowance, the employees who approved the work injury employees and the work of support relatives' pensioners (including one level After the retirement of the four-stage disabled, the death personnel during the basic pension period)