The second is the company (this amount is based on your dad's monthly salary multiplied by the number of years left to retire and then multiplied by 12).
One thing to note: even if it's not an occupational disease, as long as it happens during working hours, it's a work-related injury. Find a company to pay for it.
Compensation for public injury (work injury) of state civil servants
The State Council Industrial Injury Insurance Regulations (2003-04-27) came into effect on/month/month/day of 2004. It marks that the industrial injury insurance and compensation in China's social security system have been formally adjusted by national laws from the original policy of labor protection and welfare treatment for employees in enterprises, which is the gospel of the vast number of workers and employees in China. At present, social security in various places has been gradually incorporated into social security except for employees of various enterprises, self-employed, freelancers, even temporary workers, migrant workers and landless peasants, and this group of people has been included in the way of "social security comprehensive insurance", which includes work-related injury insurance. However, there are no corresponding regulations on work-related injury insurance and treatment for the vast number of people in state organs and institutions. No one can control that work-related injuries only occur in enterprises, which forces us to think about such a realistic and severe problem as what to do after work-related injuries happen to people in institutions and institutions.
This paper focuses on the analysis of some problems of work-related injuries of personnel in state institutions.
I. Work-related injuries of staff in state institutions
Work-related injuries in government agencies and institutions are applicable to government agencies, institutions, military departments and their staff.
Mainly by the people's governments at or above the county level, civil affairs departments, personnel departments and political organs of units at or above the regimental level in the army in accordance with the provisions of the State Council, Ministry of Personnel, ministries and commissions of the State Council, the PLA General Political Department is responsible for the audit and evaluation.
Work-related injuries in government agencies and institutions are also called "public injuries", which is roughly the abbreviation of "casualties in the line of duty". This can probably be summarized as the injury, disability or death of people in the country due to state official duties or work. "Gong" is an abstract concept, and the most contained elements in its concept are generally national. For example, "Gong Jia" is "State" in people's minds. Another example is "public prosecution", which brings a lawsuit to the people's court in the capacity of a state prosecutor. Therefore, the death of staff members of state organs and institutions and workers in enterprises due to disability, death or sudden illness suffered at work should be collectively referred to as work-related injuries, rather than "public injuries".
It is worth noting that "death in the line of duty (No.48 [1994])" should belong to "public injury", but it specifically refers to "death" and does not include disability. In addition, there is also "death in the line of duty" which means sacrifice in the line of duty. Sacrifice in line with state regulations shall be awarded to revolutionary martyrs by the state.
At present, workers' work-related injuries in enterprises include three specific forms: (1), work-related injuries, (2), work-related disabilities, (3) and work-related deaths. For work-related injuries, work-related disabilities and work-related deaths, work-related injuries must be identified by legal institutions, while for work-related disabilities, disability assessment and labor ability appraisal are needed. For work-related deaths, it is also necessary to verify the qualifications of the relatives of the workers who died at work to enjoy pension benefits and to identify the labor ability of the relatives of the workers who died at work. These are not involved in the current industrial injury policy of public institutions.
Summary of this article
1. Work-related injury: injury or death due to work or work. The unified use of the word "industrial injury" can be consistent with the Regulations on Industrial Injury Insurance.
2. Martyr: It belongs to the pension scope of the Ministry of Civil Affairs, and the Ministry of Civil Affairs will provide pension for the part of the policy that exceeds the scope of industrial injury insurance.
Two, the former state institutions staff work-related accidents policy.
For a long time, the policy scope of industrial accident treatment belongs to the category of labor welfare treatment. Most of the policy documents of enterprise workers' injury and death treatment come from the Ministry of Labor, while most of the policies of state institutions come from the Ministry of Personnel. Because the policy is easy to adjust in time, and it is easy to implement in the form of administrative documents issued by administrative organs, it can be said that the current employee casualty policy has been implemented through continuous adjustment. The industrial injury insurance system for enterprise workers has long been tried out in various parts of China, but the policy of industrial injury death of national institutions is still implemented by the Ministry of Personnel and the Ministry of Finance [1994] No.48 "Notice on the calculation and payment of one-time pension for the death of employees in institutions after the reform of wage system", in which the provisions on the payment of one-time pension for death are as follows:
3. The standard for granting one-time death pension is still implemented according to the current regulations, namely, if a revolutionary martyr is approved, his salary will be 40 months before his death; If he dies in the line of duty, his salary shall be 20 months before his death; In case of death, the salary is 10 months before my death.
Disability shall be treated in accordance with the relevant preferential policies of the state, and the disability assessment conditions shall be implemented with reference to the Conditions for Evaluating Disability Grades of Disabled Revolutionary Soldiers. Disability assessment procedures, disability health care payments, disability assessment procedures and the transfer of disability pension relations shall be implemented in accordance with the Notice of the Ministry of Finance and the Ministry of Civil Affairs on the Disability Pension for Staff of Institutions Owned by the Whole People ((89) Caiwen No.455). In practice, it is approved and evaluated by the personnel department, the competent department and the civil affairs department.
Because the state and institutions have been practicing public medical care for a long time, the personnel of the institutions will not bear the medical expenses for the treatment of the injured.
Four, the status quo of the work-related injury insurance system for the staff of state institutions
1, according to article 62 of the regulations on industrial injury insurance in the State Council:
If the staff of state organs, public institutions and social organizations that conduct personnel management according to or with reference to the national civil service system suffer from accident injuries or occupational diseases due to their work, the expenses shall be paid by their units. The specific measures shall be formulated by the administrative department of labor security of the State Council in conjunction with the administrative department of personnel and the financial department of the State Council.
Other institutions, social organizations and all kinds of private non-enterprise units, such as work-related injury insurance, shall be formulated separately by the administrative department of labor and social security of the State Council in conjunction with the personnel administrative department, civil affairs department and finance department of the State Council with reference to these regulations, and shall be implemented after being approved by the State Council.
However, the first half of 2004 has completely passed. From April 27th, 2003 to June 30th, 2004, when the Regulations on Work-related Injury Insurance was promulgated, one year and two full months have passed, and the relevant departments have not yet issued the "specific measures" and "work-related injury insurance measures", which can only be implemented according to the original policies.
2. In fact, many local and regional governments began to reform the personnel system of state institutions when they set up a trial operation with the industrial injury insurance system of enterprises. As a supporting policy, they also introduced the trial provisions for employees of public institutions to participate in industrial injury insurance. In fact, employees of public institutions in this part of the region implemented the same industrial injury insurance system as employees of enterprises.
Four, the problems existing in the treatment of work-related injuries of staff in state institutions
1, so far, a unified social security industrial injury insurance system has not been established, and the system of industrial injury in state institutions is mainly some scattered and obviously lagging policies and regulations.
2. The current industrial injury regulations of public institutions are lagging behind, vague and scattered, lacking the basis for adjustment according to legal provisions, and are far from the treatment of industrial injury insurance in enterprises.
3. Different welfare policies have been implemented between departments with different functions, between different administrative regions and between different institutions, and the gap in the benefits of institutions has aggravated this difference.
4. There are no policies or laws and regulations on the contents, conditions and accreditation institutions of work-related injuries. In the state of implementing the original policy, the identification of work-related injuries is actually recognized by the competent state administrative organs of public institutions, and the state administrative organs do not have such functions in terms of law or administrative regulations. Even if the administrative organ has this function, with the establishment and entry of a unified social security system in the future, this function will be eliminated.
5. When applying for legal rights and interests, workers at work have no way to identify and realize their claims and corresponding procedures, and institutions and administrative authorities can't operate at all.
6, for financial institutions, if you want to participate in work-related injury insurance, there is no provision on what items the funds will be charged from.
7. For the institutions that have carried out the reform of medical expenses, there is no regulation on how to bear and pay the treatment expenses of industrial injury personnel.
Five, the status quo and problems of work-related injuries of state organs and other institutions.
Present situation Other institutions here, that is, institutions and other institutions, social organizations and various private non-enterprise units that have not participated in work-related injury insurance.
1 For private institutions and various private non-enterprise units, theoretically speaking, these units should participate in industrial injury insurance according to the Regulations on Industrial Injury Insurance or local industrial injury insurance regulations while participating in social security.
2, the implementation of self-supporting institutions, institutions should also participate in work-related injury insurance.
3, the staff of state organs are still handled according to the current policy, as follows:
(1), staff of state organs. In accordance with the Notice of the Ministry of Civil Affairs on How to Handle the Casualty Compensation for the Staff of State Organs and People's Police (Min (1989) You Zi No.34) and the relevant preferential treatment laws and policies of the state, the conditions and scope of disability assessment, the standard of disability pension (health care), the procedures for completing disability assessment and the transfer of disability pension relationship, etc., refer to the Regulations on Military Pensions and Preferential Treatment and its interpretation. In practice, the personnel department, the organization department and the civil affairs department approved and evaluated the issue of "Disability Pension Certificate for State functionaries".
(2) People's police of public security organs. In accordance with the Law of the People's Republic of China on the Police and the relevant state regulations and policies on preferential treatment, the specific conditions of the disability grade shall be implemented in accordance with the Conditions for Evaluating the Disability Grade of Disabled Revolutionary Soldiers, and the disability assessment procedure, disability health care fund, disability assessment procedures and disability pension relationship transfer shall be implemented in accordance with the Measures for the Pension of the People's Police of Public Security Organs. In practice, revolutionary martyrs are examined and approved by public security organs, civil affairs departments and people's governments, and issued with the Certificate of Revolutionary Martyrs; The public security organ shall submit a written application for disability assessment, and the provincial civil affairs department shall make approval and assessment, and issue the People's Police Disability Pension Certificate.
(3) Judicial police of people's courts and people's procuratorates. In accordance with the Law of the People's Republic of China on the Police and the relevant state regulations and policies on preferential treatment, the specific conditions of the disability grade shall be implemented in accordance with the Conditions for Evaluating the Disability Grade of Disabled Revolutionary Soldiers, and the disability assessment procedure, disability health care fund, disability assessment procedures and the transfer of disability pension relationship shall be implemented in accordance with the Measures of the People's Courts and People's Procuratorates for Judicial Police Pension. In practice, revolutionary martyrs are examined and approved by the people's courts, people's procuratorates, civil affairs departments and people's governments, and issued with the Certificate of Revolutionary Martyrs; The people's court and the people's procuratorate shall submit a written application for disability assessment, and the provincial civil affairs department shall approve and evaluate it and issue the People's Police Disability Pension Certificate.
(4) People's police in judicial administrative system. In accordance with the Law of the People's Republic of China on the Police and the relevant state regulations and policies on preferential treatment, the specific conditions of the disability grade shall be implemented in accordance with the Conditions for Evaluating the Disability Grade of Disabled Revolutionary Soldiers, and the disability assessment procedure, disability health care fund, disability assessment procedures and disability pension relationship transfer shall be implemented in accordance with the Measures for the Pension of the People's Police in the Judicial Administrative System. In practice, revolutionary martyrs are examined and approved by judicial administrative organs, civil affairs departments and people's governments, and issued with the Certificate of Revolutionary Martyrs; The judicial administrative organ shall submit a written application for disability assessment, and the provincial civil affairs department shall make approval and assessment, and issue the People's Police Disability Pension Certificate.
(5) Servicemen (including civilian officers and soldiers, conscripts). In accordance with the Military Service Law of the People's Republic of China and the relevant state regulations and policies on preferential treatment and pensions, Its disability grade, disability assessment scope and approval procedures are in accordance with the Conditions for Evaluating Disability Grade of Disabled Revolutionary Soldiers, the Notice of the Ministry of Civil Affairs on the Interpretation of Several Specific Issues Concerning the Implementation of the Regulations on Pension and Preferential Treatment for Soldiers (Min [1989] Y-word19) and the Administrative Measures for Evaluating Disability Grade of the Army formulated by the General Political Department and the General Logistics Department of the People's Liberation Army. In actual work, the military examination and approval authority is responsible for assessing the disability level of active servicemen who are injured due to war or work, and issuing the Disabled Revolutionary Serviceman's Certificate.
question
1, the problems existing in the industrial injury insurance system of state institutions are basically existing in state organs, but these problems are not prominent because of the specific and single provisions of the state.
2. From the "expenses paid by the unit" stipulated in Article 62, paragraph 1 of the Regulations on Work-related Injury Insurance, the State Council still keeps the state organs out of the social work-related injury insurance system.
3, because the right to identify work-related injuries is in the state organs themselves, its disadvantages are self-evident.
Sixth, where to go?
Establishing full socialist democracy and legal system is the fundamental and ultimate goal of China's legal system construction. People who work in all sectors of society belong to socialist workers and should have the same status in terms of democracy, rights and obligations. Therefore, China should establish a unified and applicable social security industrial injury insurance system as soon as possible, and abandon the policy control system that is lagging behind, vague, scattered and has different preferential treatment, so that employees of enterprises, state organs, state institutions and other institutions can enjoy the same social security in industrial injury insurance.
Source:
Jining Automobile Traffic Law Network/Jining Carrlawyer
Notice of the Ministry of Civil Affairs on Relevant Issues Concerning the Compensation for the Casualty of State Organs and People's Police
Min Han [2004] No.334
Civil affairs departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, civil affairs bureaus under separate state planning, and civil affairs bureaus of Xinjiang Production and Construction Corps:
According to the Regulations on Pension and Preferential Treatment for Soldiers promulgated in 1988, in 1989, the Ministry of Civil Affairs issued the Notice on How to Handle the Casualty Compensation for State functionaries and People's Police (Min [1989] No.34), which made a series of regulations on the issue of casualties compensation for State functionaries and people's police. For more than ten years, this work has progressed smoothly and has formed a set of effective working systems and procedures, which has ensured the pension and preferential treatment of these people according to law. After the promulgation and implementation of the new Regulations on Pension and Preferential Treatment for Soldiers, some provinces and municipalities sent letters and calls to inquire about the casualties of state organs and people's police. The relevant issues are hereby notified as follows:
1. State functionaries and people's policemen who are injured and disabled in the line of duty during the war shall be assessed according to the existing examination and approval authority and disability assessment methods. The identification of the nature of disability, the standard of disability rating, the standard of disability pension, the procedures for completing disability assessment and the transfer of disability pension relationship shall be handled with reference to the relevant provisions of the Regulations on Military Pensions and Preferential Treatment and the Interim Measures for the Administration of Disability Pension.
Second, state functionaries, people's police sacrifice, approved as a martyr, with reference to the "revolutionary martyrs praise regulations", in accordance with the existing provisions of the examination and approval authority for examination and approval.
Three, the confirmation of state functionaries and people's policemen who died in the line of duty shall be handled with reference to the relevant provisions of the Regulations on Pensions and Preferential Treatment for Soldiers.
Four, the standard of one-time pension for state functionaries and people's police casualties shall be implemented with reference to the Regulations on Pensions and Preferential Treatment for Servicemen (those who do not enjoy meritorious service and receive honorary titles will receive additional pension when they die), and the specific calculation and payment standards shall still be implemented in accordance with the existing regulations.
December 24th, 2004
The Ministry of Civil Affairs on the staff of state organs
Reply on how to identify "accidents" in disability assessment with reference to the Regulations on Pension and Preferential Treatment for Soldiers
Min Han [2008]195
Hunan Provincial Department of Civil Affairs:
After receiving your request for instructions on issues related to Comrade Liu Xianying's disability assessment (Xiang Min Zi [2007] No.59), our department replied to the Reply on How to Understand the "Accident" in Item 1 of Article 9 of the Regulations on Pension and Preferential Treatment for Soldiers (Private Letter [2007] No.247). I have received your request for instructions on how to define "accidents" in disability assessment (Xiang Min Zi [2008] No.43), and now I reply to the question of how to define "performing tasks" and "accidents" in the current disability assessment of civil servants as follows:
1. It is the traditional work of the civil affairs department for civil servants and functionaries of state organs managed according to the Civil Service Law of the People's Republic of China (hereinafter referred to as the Civil Service Law) to assess the disability level according to the Regulations on Pensions and Preferential Treatment for Soldiers. 1950 1 1 month, with the approval of the State Council, the Ministry of Internal Affairs issued the Interim Regulations on Compensation for Casualty of Revolutionary Workers, in which Article 4 (2) stipulates that "revolutionary workers who are injured and disabled in the line of duty shall be assessed for their disability level according to Article 3 of the Provisional Regulations on Preferential Treatment for Disabled Revolutionary Soldiers". 1In July, 1988, the State Council issued the Regulations on Pension and Preferential Treatment for Soldiers (hereinafter referred to as the Regulations), giving the Ministry of Civil Affairs the right to interpret the regulations. According to the continuity of this work, the Ministry of Civil Affairs issued the Notice on How to Handle the Casualty Compensation for State functionaries and People's Police in August 1989 (Min [1989] You Zi No.34), which made it clear that the grading of state functionaries should be handled with reference to the Regulations and the relevant provisions of the Regulations interpreted by the Ministry of Civil Affairs. After the Regulations were revised and implemented in August, 2004, according to the responsibilities of the Ministry of Civil Affairs established in the "Three Definitions" of the State Council, the Ministry of Civil Affairs issued the Notice on Issues Related to Compensation for Casualty of State Organs Staff and People's Police (Min Han [2004] No.334), which clearly stipulated once again: the identification of the nature of disability, the standard of disability grade and the standard of disability pension for state organs staff and people's police who were injured in the line of duty during the war. On October, 2006, the Civil Servant Law of the People's Republic of China was implemented, and the first paragraph of Article 77 stipulates that the state shall establish a civil servant insurance system; The second paragraph stipulates: "Civil servants who are disabled in the line of duty shall enjoy the disability treatment stipulated by the state". At present, the national insurance system for civil servants has not been established and perfected. At present, there are only regulations and normative documents of the Ministry of Civil Affairs concerning the disability treatment of civil servants who are disabled on duty. Therefore, the interpretation of the Ministry of Civil Affairs should prevail in understanding and confirming whether civil servants are disabled on duty.
Two, confirm the "mission or on the way to work, due to accidents" disability, we should strictly pay attention to the following two points:
(1) "On duty or on the way to and from work" means that a civil servant is disabled due to an accident in the course of performing his official duties or on the way to and from work. Disability accidents that occur when they are not performing official duties or performing official duties, or when they are not on their way to and from work, do not belong to the case of disability due to work.
(2) An accident refers to a situation in which the actor is disabled due to unforeseeable reasons without intention or negligence. Negligence refers to the subjective state that the actor should have foreseen, could have foreseen and did not foresee. This subjective state has a causal relationship with the occurrence of disability and is not an accident. When confirming the accident situation, we must strictly exclude the subjective state of intention and negligence, and strictly grasp whether the actor has fulfilled his due duty of care. Any situation that can be avoided through attention is not an accident.
Civil servants should pay attention to their own safety when performing tasks or on their way to and from work. Those who are disabled because they are not on duty or on their way to and from work, or because they fail to fulfill their duty of care, can not be regarded as disabled because of work. Please define "performing tasks" and "accidents" in the work of civil servants' disability assessment according to the above principles and requirements.
Ministry of Civil Affairs
Press release issued on 2 July 2008
The Ministry of Civil Affairs on the sudden onset of civil servants in the performance of their duties or at work
How to identify the reply of disability due to work
Min Han [2009] No.54
Hubei Provincial Department of Civil Affairs:
Your office's "Request for instructions on whether civil servants can be assessed for disability when they suddenly get sick on the way to a public school" (No.401No.2008 of Hubei Civil Affairs Office) has been received. The reply is as follows:
1989 Interpretation of Several Specific Issues on Implementing the Regulations on Pension and Preferential Treatment for Soldiers (Min [1989] You Zi19) issued by the Ministry of Civil Affairs states the situation of death and disability respectively. Among them, there is a case of "sudden death due to illness in the execution of the task" in the condition of sacrifice on duty, but there is no corresponding content in the condition of disability on duty. In 2004, the newly revised Regulations on Pension and Preferential Treatment for Soldiers adopted a new expression of disability, among which Article 9, Paragraph 1 (4) stipulates: "Those who died suddenly due to illness in the course of carrying out their duties or at work, or died due to medical accidents, shall be confirmed as having died in the line of duty"; Article 20 stipulates: "If disability is caused by one of the circumstances specified in the first paragraph of Article 9, it shall be deemed as disability on the job". This form of regulation is applicable in legislation, that is, it does not directly report the content of disability caused by work, but stipulates that other legal norms should be cited on this issue. Therefore, the situation of disability in the line of duty is the situation stipulated in the first paragraph of Article 9. However, the original situation must still exist if it is quoted. Because there is only the definition of sudden death due to illness (that is, "sudden death") in medicine, there is no reference to "sudden disability" due to illness, that is, this kind of disability does not exist. Therefore, the content of work-related disability in Item (4) of Paragraph 1 of Article 9, which is stipulated in Article 20, excludes the situation that disability occurs suddenly due to illness in the performance of tasks or at work, and only the disability is caused by medical accidents. Therefore, the disability caused by the disease itself, such as hemiplegia, aphasia and other disabilities, is not recognized as disability on the job. However, due to sudden illness that can lead to disturbance of consciousness and limbs, which leads to disorder of working procedures and thus leads to disability due to negative trauma, it is regarded as disability due to accidents in the performance of tasks and can be confirmed as disability due to work.