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If the employee has a grade 8 disability and the employee resigns, he or she may request the social security department to pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy, and the worker needs to provide a work-related injury certificate, disability appraisal conclusion, resignation letter, case information, and proof of the existence of an employment relationship with the employer to get the corresponding compensation.
The main compensation for the level 8 work-related injury insurance benefits are: medical expenses, one-time disability allowance (11 months' salary), one-time employment subsidy (determined according to the work-related injury regulations of the province where the employee is located, and received when the labor relationship is terminated), one-time medical subsidy (determined according to the work-related injury regulations of the province where the employee is located, and received when the labor relationship is terminated), wages for the period of suspension of work with pay (determined according to the notice of labor ability appraisal conclusion), food allowance, nursing expenses, transportation expenses, etc.
In accordance with Article 37 of the Regulations on Work-related Injury Insurance and the provisions of the Regulations on Work-related Injury Insurance of the province where the worker is located.
Article 37 Where an employee is assessed as having a disability of Grade 7 to Grade 10 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: 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 disability employment subsidy. 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.
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As long as there is a disability certificate, the unit can not give you a complaint and consultation with the Labor and Social Security Bureau
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Work-related injuries Grade 8 disability Calculation standard 1A one-time disability benefit of 10 months is paid by the Social Security Agency. The compensation base is 2,021 yuan 10 months = 20,210 yuan.
2.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 employment subsidy of 2,021 yuan = 38,265 yuan for 15 months and a one-time medical subsidy for work-related injuries 2,021 yuan = 10,204 yuan for 4 months. The one-time disability subsidy is 20,210 yuan + the one-time disability employment subsidy is 38,265 yuan + the one-time work-related injury medical subsidy is 10,204 yuan = 73,979 yuan.
Article 46 of the Labor Contract Law provides that under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee terminates the labor contract in accordance with Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract with the employee through consultation; (3) The employer terminates the labor contract in accordance with Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.
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Notify your employer: You need to notify your employer immediately, tell them that you have resigned and ask them to provide you with all the necessary documents and information for compensation.
Prepare application materials: You need to prepare relevant documents such as work-related injury certificates, hospital medical records, doctor's diagnosis certificates, resignation certificates, and salary certificates. These documents are necessary to apply for workers' compensation.
Get assessed: If the Labour and Social Security Department needs to assess your level of disability, you will need to go to the assessment agency as required.
Receiving compensation: Once your application is approved, you can receive the corresponding workers' compensation benefits.
Please note that the specific application procedures and standards may vary from region to region, and you will need to consult with your local labor and social security department or lawyer to ensure that your application is successful.
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If the company cooperates with you to determine the injury, then you only need the company's cooperation. If the company does not admit the existence of an employment relationship with you, then first it must prove that you have an employment relationship with the company, and then you are injured during working hours and at the place of work. Then go to labor arbitration to prove the existence of an employment relationship between the two parties, and then go to the work-related injury appraisal.
Note that the statute of limitations for arbitration is two years, which means that if you resign within two years of initiating arbitration, you will lose the right to win the case after two years.
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Summary. Dear, I am glad to answer for you that the resignation of the eighth grade of work-related injury can get the salary of the eighth-level disability for 11 months, and the compensation standard for the eighth-level work-related injury resignation is that the employee is identified as a seventh-grade to tenth-grade disability due to work-related disability, and the standard is: the seventh-grade disability is 13 months' salary, the nineth-grade disability is 9 months' salary, and the tenth-grade disability is 7 months' salary;
Dear, I am glad to answer for you that the resignation of the eighth grade of work-related injury can take the salary of the eighth-level disability of the Ming Shi for 11 months, and the eighth-level work-related injury resignation compensation standard is that the employee is identified as a seventh-grade to tenth-grade disability due to work-related disability, and the standard is: the seventh-grade disability is 13 months' salary, the ninth-grade disability is 9 months' salary, and the tenth-grade disability is 7 months' wage;
Pro, work-related injury is the brutal abbreviation of work injury, also known as occupational injury (occupationalinjury), which refers to the sudden accidental injury of body tissues caused by the direct action of external factors in the process of production and labor, such as ** and its acute chemical poisoning caused by occupational accidents.
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Hello, the answer to the question of how much can be compensated for your Grade 8 disability is as follows: 1. The Grade 8 disability is 11 months' salary; 2. Requirements: If the labor contract is terminated upon expiration, or the employee himself proposes to terminate the labor contract, the work-related injury insurance and the employer shall pay a one-time work-related injury medical subsidy and a one-time disability employment subsidy respectively (the specific standards shall be stipulated by the people of the province, autonomous region and municipality directly under the Central Government) 3. Legal basis:
Article 37 of the Regulations on Work-related Injury Insurance. 4. Note: My salary refers to the average monthly salary of the injured employee in the 12 months before he was injured in an accident or suffered from an occupational disease due to work.
If my salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area: if my salary is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.
Article 24 of the Regulations on Work-related Injury Insurance If an employee is assessed as having a Grade 7 to 10 disability due to work-related disability, and the labor contract is terminated upon expiration or the employee proposes to terminate the labor contract, the Grade 8 disability shall be the average monthly wage of the employee in the overall area for 8 months in the previous year. If an employee is identified as having a disability of grade 7 to grade 10 due to work-related disability, and the labor contract is terminated upon expiration or the employee proposes to terminate the labor contract, the grade 8 disability shall be 15 months of the average monthly wage of the employee in the overall area in the previous year.
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