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As long as you are injured at work, it is considered a work injury, as for the boss did not buy you work-related injury insurance, that is the boss's business, if you do not buy insurance, your company must compensate according to the social security regulations, according to the standard in the first half of 2012, the Shenzhen base is 2523 * 13 months one-time disability subsidy + 2523 * 8 months one-time work-related injury medical subsidy + 2523 * 25 months one-time disability employment subsidy total: 111012 yuan, this is only the standard of Shenzhen, The standard of compensation varies from province to province.
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Hello, according to the provisions of the Regulations on Work-related Injury Insurance and the Interpretation of Personal Injury Compensation, if it is an employment relationship, it will be compensated according to the work-related injury standard, and if it is an employment relationship, it will be compensated according to the personal injury standard, it is recommended to contact a lawyer for details.
Zongheng Legal Network-Hebei People's Great Wall Law Firm-Lawyer Zhou Rudong.
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You can go to your local Human Resources and Social Security Bureau to check the local standards and refer to the Regulations on Work-related Injury Insurance.
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.
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It needs to be calculated according to the individual's age, salary, and regional standards, and it is recommended to contact a lawyer for detailed consultation.
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Legal analysis: What is the standard of compensation for seventh-level disability 1. 1. A one-time disability subsidy of 25 months, paid by the social security institution, and the compensation amount (7480 yuan for 25 months). 2. The social security institution shall pay the disability allowance on a monthly basis, and the standard shall be 85% of the salary of the person before the injury until death.
3. If the disabled employee is not registered at the place of work and needs to receive a one-time disability pension and nursing fee, he or she shall sign a contract with the social security institution to calculate and pay it for ten years at one time and terminate the insurance relationship. Among them, the social security institution pays a one-time disability pension (7,480 yuan for 120 months, 85%), a one-time medical subsidy for work-related injuries (7,480 yuan for 14 months), and a one-time nursing staff salary (7,480 yuan for 120 months, 50%), which are total. Second-degree disabled employees can receive a total amount of compensation if they receive work-related injury insurance benefits at one time (one-time disability subsidy of 187,000 yuan + one-time payment of 1316480 yuan).
Legal basis: Regulations on Work-related Injury Insurance
Article 29 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.
Article 30 Due to the needs of daily life or employment, an injured worker may be fitted with prostheses, orthoses, prosthetic eyes, dentures, wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards prescribed by the State.
Article 31 Where an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.
Article 32 Where an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of daily care, the living care expenses shall be paid monthly from the work-related injury insurance**. The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.
Article 35 Employees who are identified as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits: (1) a one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability; (2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, 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.
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Legal analysis: If the victim is disabled, the obligor shall also compensate for the disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing and continuation.
Legal basis: Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
Where the victim is disabled due to injury, the person obligated to compensate for the necessary expenses incurred by the victim due to the increase in his living needs and the loss of income caused by the inability to work and the training of the reform group, including disability compensation, disability assistive devices, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the care and continuation.
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Summary. Article 37 Employees who are identified as having a disability of grade 7 to grade 10 due to work-related disability shall enjoy the following benefits: (1) A disability subsidy shall be paid once from the work-related injury insurance according to the level of disability, and the standard shall be:
13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages 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 medical subsidy for work-related injuries and the employer shall pay a disability employment subsidy. The specific standards for a medical subsidy for work-related injuries and a subsidy for employment with a disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
Hello, I am glad to answer for you: Grade 7 disability is 13 months' salary. From the work-related injury insurance**, the disability allowance is paid once according to the disability level, and the standard is:
Grade 7 disability is 13 months of personal salary, Grade 8 disability is 11 months of personal salary, Grade 9 disability is 9 months' personal salary, and Grade 10 disability is 7 months' personal salary;
Article 37 Employees who are identified as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits: (1) A disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard shall be: 13 months' salary for the seventh-level disability, 11 months' salary for the eighth-grade disability, 9 months' salary for the ninth-grade disability, and 7 months' own salary for the tenth-grade disability; (2) If the labor or employment contract is terminated upon expiration, or the employee or banquet worker himself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a medical subsidy for work-related injuries once, and the employer shall pay a disability employment subsidy.
The specific standards for a medical subsidy for work-related injuries and a subsidy for employment with a disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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Legal analysis: The compensation standard for grade 7 disability is calculated according to the actual medical treatment time, the employee's salary, etc., if the employee is identified as a grade 7 disability due to work-related disability, the one-time disability subsidy is 13 months' salary, and the specific amount of the one-time work-related injury medical subsidy and the one-time disability employment subsidy is determined according to the local standard. In any of the following circumstances, it shall be found to be a work-related injury:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons; (2) Engaging in work-related preparatory or finishing work in the workplace before or after working hours and being injured in an accident; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Legal basis: Civil Code of the People's Republic of China
Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.
Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the person who caused the tortfeasance is to bear civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.
Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.
1. Medical treatment: reimbursement of medical expenses, hospital meal subsidy by work-related injury insurance** according to the local standard (if it is Qingdao, 20 yuan per day), need to care, if the unit is not out of the care, the unit needs to pay the nursing fee according to the local standard. >>>More
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