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In the case of employment, on the one hand, you can get reimbursement of drug expenses during the work-related injury, and you must be reimbursed in cash at the designated medical institution of work-related injury insurance, and if you use a medical insurance card, the work-related injury insurance will not be reimbursed twice.
On the other hand, you can receive a lump sum disability allowance, and you can get compensation for 13 of your own wages for a 7th degree disability, which is paid by work-related injury insurance (your salary refers to the average social security contribution salary of 12 years forward from the date of injury).
If you leave your job before retirement, you can also receive a one-time medical subsidy and a one-time employment subsidy, the specific payment standard of which is determined by each province, autonomous region or municipality directly under the Central Government.
The compensation standard in Liaoning Province is that the one-time employment subsidy paid by the enterprise is 20 months' average salary for the seventh level, and the one-time medical subsidy paid by the work-related injury insurance is 13 months' average monthly salary of employees in the overall area in the previous year.
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Work-related injuries are recognized as different levels, and the amount of compensation determined is also different, so how much can be compensated for work-related injuries in grade 7?
1. Medical treatment: reimbursement of medical expenses, hospital meal subsidy is paid by work-related injury insurance** according to local standards, and if nursing is required, if the unit does not have anyone to take care of it, the unit shall pay nursing fees according to local standards.
2. Suspension of work and pay treatment: ** work-related injury needs to determine the suspension period, usually issued by the medical institution of ** work-related injury, confirmed by the labor ability appraisal committee, generally not more than 12 months, serious injury or special circumstances can apply for extension, confirmed by the labor ability appraisal committee, up to 12 months. During the period of suspension of work, the original salary and benefits remain unchanged and are paid by the unit on a monthly basis.
3. A one-time disability subsidy shall be paid by work-related injury insurance**. The standard is 13 months' salary for grade 7 disability, and it should be noted that if the salary is lower than 60 of the average salary of employees in the overall planning area, it will be calculated according to 60 of the average salary of employees in the overall planning area.
4. If the labor relationship is terminated, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the unit shall pay a one-time disability employment subsidy.
Article 39 of the Regulations on Work-related Injury Insurance.
If an employee dies on the job, his close relatives shall receive funeral allowances, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions:
1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year.
2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40 per month for spouses, 30 per month for other relatives, and 10 per month for each elderly or orphan who is lonely or orphaned.
The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department.
3) The standard of one-time work-related death allowance shall be 20 times the per capita disposable income of urban residents in the previous year.
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Legal Analysis: Level 7 Disability: Salary 13; Grade 8 Disability:
My salary is 11; Grade 9 Disability: 9 of my salary; Grade 10 disability: 7 of my salary.
The regulations on work-related injury insurance do not stipulate uniform standards, and the specific standards are authorized by the people of all provinces, autonomous regions and municipalities directly under the Central Government. It can be found in the provincial regulations on work-related injury insurance or in the work-related injury insurance measures.
Legal basis: Articles 35, 36 and 37 of the Regulations on Work-related Injury Insurance If an employee is identified as a grade 1 to 10 disability due to work-related disability, a one-time disability subsidy shall be paid by the work-related injury insurance, and the standards are as follows: Grade 7 disability:
My salary is 13; Grade 8 Disability: 11 of my salary; Grade 9 Disability: 9 of my salary; Grade 10 Disability:
My salary is 7. One-time medical subsidy for work-related injuries and employment subsidies for disability (1) One-time medical subsidy for work-related injuries and pickpockets: paid by work-related injury insurance**; (2) One-time Disability Employment Grant:
to be paid by the employer; The above two gold standards are determined according to the level of disability, and the regulations on work-related injury insurance do not stipulate a unified standard, and the specific standards are authorized by the people of all provinces, autonomous regions and municipalities directly under the Central Government. It can be found in the provincial regulations on work-related injury insurance or in the work-related injury insurance measures.
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Legal analysis: The disability level has been assessed and confirmed by the Labor Ability Appraisal Committee, and the work-related injury insurance** is paid on a monthly basis. If they are completely unable to take care of themselves, they shall be paid 50% of the average monthly salary of employees in the previous year; For those who are unable to take care of themselves for most of their lives, they shall be paid 40% of the average monthly salary of employees in the previous year; Those who are unable to take care of themselves shall be paid 30% of the average monthly salary of employees in the previous year.
A one-time disability allowance of 13 months' salary. If the labor or employment is terminated at the expiration of the same period, or the employee himself proposes to terminate the labor contract 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 of the two subsidies shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
Legal basis: According to Article 37 of the Regulations of the People's Republic of China on Work-related Injury Insurance, if an employee is identified as a seven-level to ten-level disability 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:
Grade 7 disability is 13 months' salary; 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 proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time work-related injury medical subsidy;
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Employees injured at work who have lost their ability to work after the appraisal of their working ability are entitled to work-related injury disability benefits. The standard of treatment varies according to the level of disability assessment (1 to 10). The Regulations on Work-related Injury Insurance stipulate that employees with different levels of disability are entitled to the following benefits:
Among them, the compensation standards for grade 7 to 10 disability are as follows: a one-time disability subsidy.
The standard of the lump sum disability benefit is:
12 months' wages for grade 7 disability, 10 months' wages for grade 8 disability, 8 months' wages for grade 9 disability, and 6 months' wages for grade 10 disability. If the labor contract is terminated upon expiration, or the injured employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time disability employment subsidy. The one-time medical subsidy for work-related injuries originally paid by the employer shall be paid by work-related injury insurance in accordance with the provisions of Article 38 of this Law.
The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:
1) Medical expenses and expenses for work-related injuries;
2) Hospitalization meal subsidy;
3) Transportation and accommodation expenses for medical treatment outside the overall planning area;
4) The cost of installing and configuring assistive devices for the disabled;
5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;
6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;
7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;
8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;
9) Labor ability appraisal fee.
**Wage calculation standard for the period of work-related injury.
During the period of suspension of work and salary, the original salary of the injured employee Ling Qiaoxian remains unchanged and is paid by the unit on a monthly basis. The salary income of the injured employee is calculated based on the average salary income of the 12 months prior to the accident injury (or occupational disease) caused by work; If it is less than 12 months, it will be calculated according to the actual average monthly wage.
Case: Shanghai Work-related Injury Grade 10 Disability Compensation Standard.
If a work-related injury 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) Pay a one-time disability allowance from work-related injury insurance**. In the case of a Grade 7 disability, the wages of the work-related injured person who has been injured for 12 months shall be paid in the month before the injury; 10 months for grade 8 disability; 8 months for Grade 9 disability; 6 months for grade 10 disability;
2) If the labor contract is terminated upon expiration or the injured person 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. For those with grade 7 disabilities, the total of the two subsidy standards is 20 months of the average monthly wage of employees in the city in the previous year; 15 months for grade 8 disability; for Grade 9 disability, it is 10 kutan months; 5 months for grade 10 disability.
Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
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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 shall be: 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 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 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original wages and benefits shall remain unchanged during the period of suspension of work and burying work, and shall be paid by the unit to which he belongs on a monthly basis. The period of leave without pay is generally not more than 12 months.
If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.
If an injured employee who is unable to take care of himself needs nursing care during the period of suspension with pay, the unit shall be responsible for it. Hebei Provincial Measures for the Implementation of Work-related Injury Insurance Article 33 If an employee with a work-related injury in grades 5 to 10 dissolves or terminates the labor relationship with the employer in accordance with the provisions of Articles 34 and 35 of the Regulations, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The standard of one-time medical subsidy for work-related injuries is 44 months to 8 months' wages of the average monthly wage of employees in the overall area in the previous year when the labor relationship is terminated or terminated, including:
44 months for Level 5, 38 months for Level 6, 26 months for Level 7, 20 months for Level 8, 14 months for Level 9, and 8 months for Level 10; The standard of one-time disability employment subsidy is 22 months to 4 months' salary of the average monthly wage of employees in the overall area in the previous year when the labor relationship is terminated or terminated, including: 22 months for level 5, 16 months for level 6, 10 months for level 7, 8 months for level 8, 6 months for level 9, and 4 months for level 10. If the injured employee is less than five years away from the statutory retirement age, the one-time disability employment subsidy shall be paid at the rate of 20 percent for each year of reduction, and 10 percent for less than one year before the statutory retirement age.
Employees injured at work who have reached the statutory retirement age and gone through the retirement formalities are not entitled to a one-time medical subsidy for work-related injuries and a disability employment subsidy.
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According to the provisions of the Regulations of Guangdong Province on Work-related Injury Insurance, if an employee is identified as a Grade 7 to Grade 10 disability due to work-related disability, a one-time disability subsidy shall be paid by the 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. If an employee with a disability of grade 7 to 10 dissolves or terminates the labor relationship with the employer in accordance with the law, the work-related injury insurance shall pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy to terminate the work-related injury insurance relationship
1) One-time medical subsidy for work-related injuries. The standard is: six months' salary for Grade 7 disability, four months' salary for Grade 8 disability, two months' salary for Grade 9 disability, and one month's salary for Grade 10 disability.
2) One-time disability employment subsidy. The standards are: 25 months' salary for grade 7 disability, 15 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 4 months' salary for grade 10 disability.
You can go to the social security network to find out.
The statute of limitations for requesting work-related injury insurance benefits is one year for an injured employee to apply for work-related injury determination, and one year for applying for labor dispute arbitration in the event of a dispute with a work-related injury insurance benefit of the employer.
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