When does the disability benefit start from the date of the compensation period?

The date of disability shall be used as the period of disability compensation.

The disability allowance for injured employees is based on their own wages and is determined according to the level of disability.

Personal wages refer to the average monthly wages paid by injured employees in the 12 months prior to the accident injury or occupational disease caused by work.

Paid wages refer to the wages paid by the injured employees to pay social insurance premiums, and the employees themselves do not pay the contributions, and the employer shall pay them according to the approved rate of the total wages of all employees.

The total wages of all employees refer to the sum of the wages paid by all employees of the unit. According to the Provisions on the Composition of Total Wages issued by the National Bureau of Statistics, employees' wages include hourly wages, piecework wages, various allowances and subsidies, overtime pay, various bonuses, and wages paid under special circumstances. If the total salary of an employee is less than 60% of the average wage of the previous year in the province, municipality directly under the Central Government or autonomous region, the salary shall be assessed and paid according to 60% of the average salary of the employee in the province, municipality directly under the Central Government or autonomous region in the previous year; If it is higher than 300% of the average wage of the province, municipality directly under the Central Government or autonomous region in the previous year, the salary shall be assessed and paid according to 300% of the average wage of the province, municipality directly under the Central Government or autonomous region in the previous year.

If the employer pays work-related injury insurance premiums in accordance with the law, the employee's contribution salary shall be consistent with the employee's actual salary and not less than 60% of the average salary of the employee in the previous year in the province or city, unless it is higher than 300% of the average salary of the employee in the previous year. However, in practice, some employers underreport the wages paid by employees in order to underpay, resulting in a one-time disability subsidy paid to employees by work-related injury insurance** being lower than the amount that employees should be entitled to, and employees can request the employer to make up the difference through labor dispute arbitration. More exciting content**Dalian lawyer consultation.

The calculation of the age of disability compensation is usually calculated from 20 years, in this case, it is calculated from the date on which the victim's disability is determined, that is, 20 years from the date of determination of disability. However, if the victim is over 60 years old, the age is increased by one year and reduced by one year. If the victim has reached the age of 75, the period of 5 years will be counted directly.

1. The number of years from which the disability compensation is calculated

1. The calculation period is generally 20 years.

Disability compensation is calculated for 20 years from the date of determination of disability on the basis of the degree of the victim's inability to work or the level of disability, and according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. "Where the victim is disabled due to injury but his actual income has not decreased, or if the level of disability is relatively minor but the occupational obstruction seriously affects his or her employment, the disability compensation may be adjusted accordingly. "It clarifies the standard and calculation period of disability compensation.

For those who are over the age of one year, the age is reduced by one year for each additional year.

3. If you are over 75 years old, it will be counted as five years.

"Where the victim is disabled due to injury but his actual income has not decreased, or if the level of disability is relatively minor but the occupational obstruction seriously affects his or her employment, the disability compensation may be adjusted accordingly.

2. What are the factors to be considered in determining disability compensation?

When determining the compensation for the high filial piety of the disabled, factors such as the degree of incapacity to work or the level of disability shall be considered.

1. If all the people lose their ability to work, they shall be compensated in full; If the person partially loses the ability to work, the corresponding amount shall be compensated according to the extent of the loss. -- Relative labor incapacity loss theory.

2. In determining the degree of loss of working capacity or the level of disability of a specific victim, the relevant provisions of the Regulations on Work-related Injury Insurance may be referred to.

3. Taking into account the complexity of actual personal injury compensation in real life, paragraph 2 of Article 25 of the Judicial Interpretation on Personal Injury Compensation provides: "If the victim is disabled due to a cautious injury but the actual income has not decreased, or the level of disability of the injured relative is relatively minor but the occupational obstruction seriously affects his or her labor and employment, the disability compensation may be adjusted accordingly." This judicial interpretation gives judges a certain discretion to appropriately adjust disability compensation in light of the actual situation.

Although many people know that the calculation of the number of years of disability compensation is usually a uniform 20 years, unless the injured person is older, then this period will be reduced. The calculation of this period of time is generally calculated from the date on which the disability is determined. In calculating the disability compensation, it is necessary to take into account the loss of the injured person's ability to work.

The period for calculating the disability benefit is 20 years. However, if the age is over 60 years old, the age shall be reduced by 1 year for each additional year; 5 years for those over 75 years old. How to pay disability compensation There are two ways to pay compensation for tort in general:

One is a regular payment and the other is a lump sum payment. Disability compensation is not for actual losses, but for losses that may occur in the future, so it is compensation for the future. Fixed-term compensation is to determine the amount of compensation each year by making a false judgment on the chain of defence, and the victim will be compensated for as many years as he or she lives, which is more fair and reasonable.

However, there is a risk problem in the compensation of fixed payments, and whether the indemnifier has always been able to compensate is the biggest problem, and this risk depends on the indemnifier to provide a reliable guarantee to solve the problem. If a one-time compensation method is employed, if the victim's survival exceeds the established period for disability compensation, and the person entitled to compensation files a lawsuit with the people's court requesting continued payment of disability compensation, the people's court shall accept it. If the person entitled to compensation really does not have the ability to work and make a living, the people's court shall order the person with the right to pay compensation for 5 to 10 years.

In the case of traffic accidents, on the one hand, it is necessary to bear criminal liability, on the other hand, it is necessary to pay a certain amount of compensation, if this compensation causes the disability of others, it is necessary to pay the disability compensation, and the specific rural and urban residents use it, and the law provides different standards, but in general, it has a calculation method.