The compensation of the lump sum disability benefit, how much is the lump sum disability benefit cov

Article 35 Where an employee is identified 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 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.

According to the above provisions, the employee's one-time disability allowance is 1400 months x 6 months = 8400 yuan

Grade 10 disability is 6 months' salary, calculated on the basis of the salary before the injury. It is illegal to reduce wages after a work-related injury.

1. Calculated based on the average salary of 12 months.

2. One-time disability subsidy for 6 months' salary, 6 months * 1400 = 8400 yuan (social security payment).

3. Termination of labor relations, one-time work-related injury medical subsidy, 1 month's salary, 1400 yuan. (Paid by the employer when the labor contract is terminated).

4. One-time disability employment subsidy and disability allowance for 4 months of personal salary for the termination of labor relations, 4 months * 1400 = 5600 yuan. (Paid by the employer when the labor contract is terminated).

A one-time disability allowance for 24 months is paid by the social security institution. The compensation base is 2,551 yuan 24 months = 61,224 yuan, and the social security institution will pay the disability allowance on a monthly basis, and the standard is 90% of the salary before the injury until death.

If the disabled employee is not registered at the place of work and needs to receive a one-time disability pension and nursing expenses, he or she shall sign a contract with the social security institution to calculate and pay a one-time payment for ten years to terminate the insurance relationship. 120 months for 10 years: 2551 yuan, 90% (one-time disability pension) + 2551 yuan, 15 months (one-time medical subsidy for work-related injuries) + 120 months, 2551 yuan, 60% (one-time nursing salary) = 497445 yuan.

Disability compensation and one-time disability compensation are two different legal concepts. Disability compensation refers to the compensation paid by the tortfeasor to the victim who has attained a disability of grade 10 or higher in a personal injury compensation case such as traffic accident, public security, and criminal case. The lump sum disability allowance is a compensation provided for in the Regulations on Work-related Injury Insurance for injured employees who have been recognized by the labor department as work-related injuries and have reached a certain level of disability, etc.

In practice, there are indeed situations where the two overlap, for example, if an employee is injured by a motor vehicle on the way to and from work, it is a traffic accident, and the personal injury compensation is applicable and at the same time meets the work-related injury conditions stipulated in the Regulations on Work-related Injury Insurance. Article 12 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 reads: "If an employee of an employer who is required to participate in the overall planning of work-related injury insurance in accordance with the law suffers personal injury due to a work-related accident, and the worker or his close relatives file a lawsuit with the people's court requesting the employer to bear civil liability for compensation, he shall be informed that it shall be handled in accordance with the provisions of the Regulations on Work-related Injury Insurance."

Regulations on Work-related Injury Insurance

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 one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard is:

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 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 work-related injury medical subsidy and one-time disability employment subsidy shall be stipulated by the people of provinces, autonomous regions and municipalities directly under the jurisdiction of the People's Government.