How to pay for several levels of disability identification

When a worker is injured and the disability is appraised, and the disability is appraised as several levels, the disability level with the higher appraisal level is generally the final disability level.

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If the employee does not have a labor contract or other evidence to prove the existence of an employment relationship and is unable to apply for a work-related injury determination, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

1. If the disability is constituted, it is first necessary to be identified by the relevant disability institution, and it cannot be said that the level of disability you think is several levels. Identify the level of disability and present relevant certificates;

2. If the disability is caused by a traffic accident, it is necessary to divide the responsibility for the accident.

3. Take your own insurance policy and disability certificate to the insurance company for compensation, and negotiate compensation according to the agreement on the policy, which is generally clearly stipulated.

Legal basis. Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as a Grade 7 to Grade 10 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:

13 months' wages for 7-level disability, 11 months' salary for 8-level disability, 9 months' salary for 9-level disability, and 7 months' salary for 10-level 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.

The level of disability is determined in accordance with the "Disability Level of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability", and the compensation standard is determined according to the specific disability level. If the disability is caused by a work-related injury, the compensation includes a one-time disability allowance, a one-time medical subsidy, and a one-time employment subsidy. Among them, the one-time disability subsidy is paid by the work-related injury insurance** according to the disability level, and the one-time work-related injury medical subsidy and the one-time disability employment subsidy are paid by the employer.

Legal analysis

According to the relevant laws and regulations, if a worker is injured due to work-related reasons and is recognized as a work-related injury, and the injury affects his or her work and life after the injury is stabilized, he or she may apply for a labor ability appraisal. If a work-related injury requires a disability appraisal, the work-injured employee's unit or his/her relatives shall fill in the Application Form for Labor Appraisal, apply for labor appraisal, and provide the work-related accident investigation report and relevant materials. For those who meet the conditions for appraisal, the labor appraisal committee shall notify the employer and relevant personnel in advance of the time, place and personnel of the appraisal.

The evaluation of working ability requires entrusting a qualified medical and health institution to conduct a medical diagnosis of incapacity. The appraisal of working ability is divided into grades 1 to 10, which correspond to different disability subsidy standards, among which grade 10 disability is the lightest level of disability. Work-related injury insurance for disability caused by work-related injury** pays a one-time disability subsidy according to the disability level, and the 10th grade disability is 7 months' salary, and the calculation standard of the employee's salary refers to the average salary of the employee in the past year.

Legal basis.

Regulations on Work-related Injury Insurance

Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.

Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment. There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders:

Unable to take care of oneself at all, unable to take care of oneself for most of one's life, and unable to take care of oneself partially. The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.

Disability assessment can be divided into 10 levels of remorse, with Level 1 being the most serious and Level 10 being the mildest. If an employee is identified as a first-class employee due to work-related disability, he or she can retain the labor relationship, quit the job, and enjoy a one-time disability subsidy (27 months' salary for first-degree disability) and a monthly disability allowance (90% of his salary for first-degree disability) from 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 Cases of Compensation for Personal Injuries provides that disability compensation shall be based on the degree of the victim's loss of ability to work or the level of disability; 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, it is calculated as 20 years from the date of determination of disability. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.

You can consult a lawyer about this, I think it's a little better than online.

There are 10 levels of disability identification, and the standard of compensation for each level is different.