Excuse me, how to compensate for grade 6 work related injuries?

The "Regulations on Work-related Injury Insurance" stipulates that employees who are identified as Grade 6 disabled due to work-related disability shall enjoy the following benefits:

1) A one-time disability allowance from work-related injury insurance** is paid for 14 months' salary;

2) Retain the labor relationship and arrange appropriate work by the employer; If it is difficult to arrange work, the employer shall pay a monthly disability allowance of 60 of the employee's salary, but shall not be lower than the local minimum wage.

3) At the request of the injured employee, the employee may terminate or terminate the labor contract with the employer, and the employer shall pay a one-time medical subsidy for work-related injury and employment subsidy for disability in accordance with the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

My salary refers to the average monthly salary of the injured employee in the 12 months before the accident; The salary standard shall not be less than 60 of the average salary of local employees. Disability allowances are to be adjusted annually by provinces, autonomous regions, and municipalities directly under the Central Government.

Article 23 of the Regulations for the Implementation of the Labor Contract Law stipulates that if an employer terminates the labor contract of an injured employee in accordance with the law, it shall, in addition to paying economic compensation in accordance with Article 47 of the Labor Contract Law, also pay a one-time medical subsidy for work-related injuries and a disability employment subsidy in accordance with the relevant national regulations on work-related injury insurance.

Grade 5 and Grade 6 work-related injuries can choose whether to retain the labor relationship!

If the relationship is dissolved, it is a lump sum compensation.

Disability allowance is paid on a monthly basis if the relationship is retained. (In this case, there will be no employment allowance) and a lump sum disability allowance (personal salary) x 14 months.

One-time Medicaid (pooled salary) x 15 months.

One-off employment allowance (pooled salary) x 30 months.

How much is the total compensation for the three golds of work-related injury compensation, I personally refer to some provinces and cities, which are similar, but there are differences in the wage base. In some areas, the average salary in the 12 months before the injury, and in some cases, the average salary of employees in the previous year and so on. However, the points of the three gold compensation are basically the same.

Attached is the compensation standard for the three golds in Guangdong:

Recent logs. Category] Write logs.

Top] "Guangdong Province Work-related Injury Three Gold Level 5 to 10 Total Compensation" [Cancel Top] Category: Personal Diary.

Based on the average salary of an individual in the 12 months prior to the work-related injury.

Level 5: 76 months.

Level 6: 62 months.

Level 7: 43 months.

Level 8: 29 months.

Level 9: 18 months.

Level 10: 11 months.

The sum of the three gold compensation!

Continued. Revise. Delete.

Part I: Guangdong Province Wage Payment Regulations1

Part II: Excerpt from the Regulations of Guangdong Province on Work-related Injury Insurance.

The landlord has a sixth-level disability, and the three gold should be compensated for 62 months.

1. There is a question you must figure out whether to terminate the labor contract after a work-related injury. There is a difference in whether the compensation is released or not.

2. What time is your medical terminator?

1) 100% reimbursement of medical expenses.

2) Hospitalization meal subsidy depends on the region, generally 50 a day, and the time is the time of admission and discharge.

3) One-time disability allowance: 14 months' salary, if the labor contract is terminated, a one-time employment allowance of 40 months' salary, and a one-time medical allowance of 8 months' salary.

4) **Appliance fee.

5) Living care expenses: look at the certificate issued by the hospital.

6) Salary during the period of suspension of work, depending on the termination of medical treatment.

According to Articles 30, 33, 36, 62 and 64 of the Regulations on Work-related Injury Insurance and the provisions of Guizhou Province, employees injured at work in Yuping County, Tongren City, who are identified as having a grade 6 disability, are entitled to the following benefits:

1. If the expenses required for work-related injury meet the prescribed standards, it shall be paid from work-related injury insurance;

2. The work-related injury insurance** shall pay the hospital meal subsidy according to the standards stipulated by the province or city;

3. Confirmed by the Labor Ability Appraisal Committee, the cost of installing medical equipment shall be paid by the work-related injury insurance** according to the prescribed standard;

4. If the employee suspends work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension and salary, and shall be paid by the unit on a monthly basis;

5. The employer is responsible for the nursing care during the period of hospitalization when you are unable to take care of yourself;

6. The labor ability appraisal fee shall be paid by the work-related injury insurance**;

7. Pay a one-time disability subsidy from work-related injury insurance** according to your salary for 16 months;

8. Retain the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis at the rate of 60% of the employee's salary, and the employer shall pay all social insurance premiums due to him in accordance with the regulations. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.

At the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and based on the average monthly wage of the employee in Tongren City in the previous year, the work-related injury insurance** shall pay a one-time work-related injury medical subsidy for 26 months, and the employer shall pay a one-time disability employment subsidy for 8-26 months. If the employer does not participate in work-related injury insurance, the employer shall pay all expenses. The wages of the employee who calculates the one-time meal disability allowance refer to the average monthly salary paid by the injured employee in the 12 months before the employee is injured in an accident or suffers from an occupational disease due to work.

Article 36 of the Regulations on Work-related Injury Insurance If an employee is identified as having a Grade 5 or Grade 6 disability 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: 18 months' salary for grade 5 disability and 16 months' salary for grade 6 disability;

2) Retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, the standard is: 70% of the salary for the fifth grade disability and 60% of the salary for the sixth grade disability, and the employer shall pay all the social insurance premiums due to the employee in accordance with the regulations.

If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference. Upon the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy. 1. The specific standards for 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.

The compensation items for Level 6 work-related injuries mainly include medical expenses, food subsidies, nursing expenses, transportation expenses, one-time disability subsidies, one-time disability employment subsidies, one-time medical subsidies for work-related injuries, and wages for the period of suspension of work. Among them, the one-time disability allowance is 16 months' salary; The one-time disability subsidy and the one-time disability employment subsidy shall be stipulated by the rules formulated by the provinces and autonomous regions.

Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Medical expenses are to be determined on the basis of receipts of medical expenses, hospitalization fees, and other receipts issued by medical institutions, combined with medical records and diagnosis certificates, and other relevant evidence. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof. The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance.

Article 7 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: Compensation for lost time is to be determined on the basis of the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

Grade 6 work-related injuries can be entitled to a one-time disability allowance of 16 months' salary. The employment relationship with the employer shall be retained, and the employer shall arrange suitable work for the employer. If it is difficult to arrange work, the user will be paid a monthly disability allowance, and the level 6 disability is 60 of his salary, and the user shall pay the social insurance premiums payable according to the regulations.

If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference. The employee himself or herself may terminate or terminate the employment relationship with the user, and the work insurance** will pay the work medical allowance once, and the user will pay the disability employment allowance once. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Article 36 of the Decision on Amending the Regulations on Work-related Injury Insurance.

Compensation for work-related injury level 6: 1. A one-time disability subsidy will be paid according to the level of disability from the work-related injury insurance, and the standard is 16 months' salary for the sixth-level disability; 2. Retain the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange work, the employer shall pay a monthly disability allowance and sentence of remorse and judgment, and the standard is 60% of the person's salary for grade 6 disability. ”

If it is determined that the injured worker is a grade 6 work-related injury, then the following work-related injury compensation can generally be obtained: 1. A one-time disability subsidy for injuries and hail tombs is 16 months' salary; 2. The disability allowance is 60% of the salary; 3. The specific standards for medical subsidies and one-time disability employment subsidies for workers shall be stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government; The original salary and benefits remain unchanged during the suspension period.

The maximum application period for work-related injury recognition is one year. The employer shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis, apply to the overall regional human resources and social security bureau for recognition. If the employer fails to submit the request within the prescribed time limit, the trade union organization may submit a work-related injury determination to the Bureau of Human Resources and Social Security of Huchi Prefecture within one year.

Grade 6 disability compensation standard for work-related injuries.

1. Medical expenses: subject to the amount of hospital invoices (about 80% of social security payment, 20% of the unit payment) 2. Hospitalization meal subsidy: 50 yuan for hospitalization days 70% (social security payment) 3. Transportation expenses: according to the actual occurrence (social security payment).

4. Installation of assistive devices: amputation can be compensated, subject to the opinion of the prosthetic company, those who have purchased social security should apply for replacement at the Social Security Bureau every four years, and those who have not purchased social security will be compensated to the age of 70 (social security payment).

5. Suspension of work and salary: the period of suspension of work and salary (subject to the appraisal of the Labor Bureau) (paid by the unit).

6. Nursing expenses: 50 yuan per day for hospitalization days (paid by the unit) 7. Disability allowance: 60% of my salary until the termination of labor relations (paid by the unit) 8. One-time disability subsidy:

My salary 16 months (social security payment) 9, one-time medical subsidy: my salary 8 months (social security payment) 10, one-time disability employment subsidy: my salary 40 months (paid by the unit) Remarks:

1. "Personal salary" refers to the average salary in the 12 months prior to the injury;

2. If the employer does not purchase social security for the employee, all the above compensation shall be borne by the unit;

3. If the wage standard of the employer to purchase social security for the worker is lower than the actual wage, the difference shall be made up by the unit.

I have read the "Regulations on Work-related Injury Insurance" and the "Measures for the Determination of Work-related Injuries", and I can read them in half an hour, and I have a full set of measures for what to do. Just follow the instructions above. It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability.

If I have time, I will go to the labor bureau to ask about the average salary of the local area in the previous year, and some compensation items are related to this. Let's take a look at the work-related injury insurance regulations of your province, autonomous region, or municipality directly under the central government.

The identification of work-related injuries is the key, and only when work-related injuries are recognized can they enjoy work-related injury benefits.