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The one-time medical subsidy and the one-time disability employment subsidy are subject to the termination of the employment relationship or the termination of the employment relationship.
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It is recommended to consult the local 12333, and the policies vary from place to place.
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According to the relevant laws and regulations, if an employee is identified as having a disability of grade 7 to 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: 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 employment subsidy for disability.
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. Article 37 of the Regulations on Work-related Injury Insurance.
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The standard is a one-time disability subsidy for 10 months, paid by the social security institution, and the compensation base is 2,551 yuan 10 months = 25,510 yuan.
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 disability employment subsidy of RMB 2,551 = RMB 38,265 for 15 months and a one-time medical subsidy for work-related injuries for RMB 2,551 = RMB 10,204 for four months. A total of 73,979 yuan.
The compensation items for workers' compensation claims are as follows:
1. Compensation for general injury caused (disability not reached).
Medical expenses, food allowance for the injured during hospitalization, living care expenses, wages during the work-related injury, transportation and accommodation expenses.
2. Compensation for disability.
Medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and lodging expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical allowance for work-related injuries, and one-time disability employment allowance.
3. Compensation for death.
Funeral grants, one-time ** grants, pensions for dependent relatives.
4. The whereabouts of the employee are unknown.
The compensation items for employees who are missing when they go out or in emergency rescue and disaster relief should be determined according to different circumstances. If the employee has not been declared dead, his immediate family members can receive the following compensation items: pension for dependent relatives and 50% of the one-time work-related death allowance (if there is difficulty in living); If an employee is declared dead, the compensation items that his immediate family members can receive are:
Funeral expenses, pensions for dependent relatives, and one-time work-related death allowances.
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The unit shall pay a one-time salary for 22 months, and shall also pay disability allowance, pay for suspension of work, nursing expenses, basic medical insurance premiums, and medical expenses on a regular basis. You can also choose to terminate the labor relationship with the employer, and the employer will pay medical subsidies, employment subsidies and other compensation.
If the employer does not pay or underpays, you can entrust a lawyer to apply for labor arbitration to claim compensation. This lawyer handles work-related injury cases, and the office is in Dongting Town, Xishan District, Wuxi City.
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1.First of all, it is necessary to apply to the local labor department for work-related injury identification, which is very critical and the premise of all problems, if you do not apply for work-related injury identification, everything is in vain, if the unit does not apply, the individual employee must apply within one year from the date of injury;
2.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer (including the cost of the second time), and the wages during the period of suspension of work (work-related injury ** and ** period) shall be paid according to the original treatment;
3.After the injury is stabilized, you can apply for a labor ability appraisal to determine the level of work-related injury, and then claim disability compensation from the employer according to the level of disability. In this case, as you said, if there are internal fixation devices such as steel nails and steel plates in the body, they can only be evaluated after they are removed (unless the doctor proves in writing that the internal fixation equipment such as steel nails and steel plates in the body do not need to be removed and have been retained in the body);
4.According to the injury you mentioned, combined with the "Appraisal Standards for the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees", the disability level is about 9 levels, and the specific results depend on the appraisal conclusions of the expert group of the Labor Ability Appraisal Committee;
5.Workers' Compensation:
1) If you continue to work in the unit and do not resign, you will enjoy a one-time disability subsidy according to the "Regulations on Work-related Injury Insurance", and the salary for Grade 9 work-related injury is 9 months' salary.
2) If you choose to quit your job, you can enjoy a one-time medical subsidy for work-related injuries and a one-time disability employment subsidy in addition to a one-time disability allowance. The specific amount is set by your local area, and the amount of compensation varies depending on the region, you can call 12333 to consult your local labor department.
6.If the employer does not fulfill the above obligations, you can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration to protect your legitimate rights and interests.
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The fracture is fixed with a minimum of nine grades, and the injury can be evaluated if the injury is stable, and it does not affect the identification of the disability, and the salary is calculated according to your due salary, which is three times higher than the average salary of the local employees, and 60% if it is lower than 60. ......
First of all, to correct your statement: it should be the "identification" of the work-related injury, not the "signing" of the work-related injury. >>>More
Take the case to apply for identification.
The landlord, the unit does not issue a work-related injury certificate, and the injured workers can do it themselves! Take a look: >>>More
There are definitely disability levels.
I have taken a look at the "Regulations on Work-related Injury Insurance" and the "Measures for the Determination of Work-related Injuries", 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. >>>More
When an employee applies for a labor ability appraisal, he or she must provide a work-related injury certificate, that is, he or she has obtained the labor ability appraisal, then it must be a work-related injury. In addition, it has applied for a work-related injury determination and issued a work-related injury certificate. The work-related injury certificate is issued by the labor department to the unit and the party, and both parties have one copy. >>>More