Are workers compensation payments and lump sum disability benefits combined?

If a worker is injured and is assessed as having a disability level, the compensation for the period of disability and the one-time disability employment subsidy shall be paid together with the one-time disability subsidy, and the one-time disability subsidy shall be borne by the social security department if the employer has paid social security for him.

The main compensation of work-related injury insurance benefits is: medical expenses, one-time disability allowance (7 to 24 months' salary), one-time employment subsidy (determined according to the work-related injury regulations of the province where the injured worker is located, and received when the labor relationship is terminated), one-time medical subsidy (determined according to the work-related injury regulations of the province where the injured worker is located, and received when the labor relationship is terminated), wages for the period of suspension of work with pay (determined according to the notice of labor ability appraisal conclusion), food allowance, nursing expenses, transportation expenses, etc.

In accordance with Article 37 of the Regulations on Work-related Injury Insurance and the Regulations on Work-related Injury Insurance of the province where the injured worker is located.

Article 37 Where an employee is assessed as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 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) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Definitely, there is a reason for giving what is given.

The one-time disability allowance is paid by social security

If a worker suffers an injury due to work-related reasons and is found to be a work-related injury, he or she may apply for a labor ability appraisal after the injury is stabilized. The results of the labor ability appraisal are divided into levels 1 to 10, of which grade 10 disability is the lightest disability level, and different disability levels correspond to different disability subsidy standards.

Legal analysis. According to the relevant laws and regulations, if an employee is injured on the job and the employer pays social insurance in full, the employee is entitled to work-related injury benefits. Work-related injury insurance** compensates for medical expenses, hospital meal allowances, nursing expenses, assistive devices, etc.

Work-related injury insurance for disability caused by work-related injuries** pays a one-time disability allowance according to the level of disability, and my salary refers to the average salary of the employee in the past year. Medical expenses are determined on the basis of relevant evidence such as medical expenses and hospitalization receipts issued by medical institutions. If the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of hail and group work care, the work-related injury insurance** will pay the corresponding living care expenses to the employee on a monthly basis.

The standard of payment of living care expenses shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government, and shall be adjusted in a timely manner according to changes in the average salary of employees and the cost of living. If an employee is identified as disabled, the labor contract is terminated upon expiration, or the employee resigns, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy.

A lump sum disability allowance is paid by the work-related injury insurance**, and the specific amount is determined according to the corresponding disability level. The one-time disability subsidy is within the scope of work-related injury insurance** payment, and does not belong to the scope of the employer paid by the employer as stipulated by the state.

[Legal basis].Article 38 of the Social Insurance Law of the People's Republic of China.

The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation to seek medical treatment outside the overall planning area, the first burn of food and lodging expenses;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4; Guess the hidden.

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 of the Social Insurance Law of the People's Republic of China.

The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with national regulations:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Legal Analysis: No. It's not a concept, but it's possible to get Min at the same time.

Legal basis: Paragraph 2 of Article 34 of the "Regulations of the People's Republic of China on Work-related Injury Insurance" stipulates that "the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy.

The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government. "According to the above provisions, there is no national standard for the calculation of the amount of compensation for one-time work-related injury medical subsidy and disability employment subsidy, and it must be implemented with reference to the specific provisions of the people** of Changkuan City, which is directly under the central government.