What are the compensation for work related injuries that are assessed as grade 8?

Updated on society 2024-03-13
7 answers
  1. Anonymous users2024-02-06

    Work-related injuries, also known as industrial injuries, occupational injuries, industrial injuries, and work-related injuries, refer to injuries caused by adverse factors and occupational diseases suffered by workers when engaging in occupational activities or activities related to occupational activities. If it is confirmed that it is a work-related injury, you can apply for work-related injury insurance reimbursement, so what is the scope of work-related injury insurance compensation? In summary, it includes the following items:

    1. Medical expenses; 2. Hospitalization meal subsidy, transportation, accommodation and food expenses; 3. Expenses for assistive devices; Fourth, the salary of the suspension period, the salary during the suspension period = the original salary and benefits of the employee, and the period of suspension of work and pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it shall be confirmed by the labor ability appraisal committee of the city divided into districts. 5. Nursing expenses during the period of suspension of work; 6. One-time disability subsidy; 7. When the labor relationship is terminated, 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; 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.

    Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China 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 allowance; (3) Transportation, accommodation and food expenses for medical treatment outside the co-ordinating 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.

  2. Anonymous users2024-02-05

    Guangdong lawyer Hu:

    First of all, it should be noted that work-related injury compensation is a very systematic process, and it is impossible to generalize. In addition, as long as you are determined to be injured at work, the employer will bear it, and you can get the following benefits and compensation:

    1. Medical expenses;

    1. Standard: Pay from work-related injury insurance** (the employer does not buy work-related injury social insurance with you and pay by the unit).

    2. Requirements: (1) In a medical institution that has signed a service service agreement**;

    2) **The expenses required for work-related injuries shall comply with the work-related injury insurance diagnosis and treatment items catalog, work-related injury insurance drug catalog, and work-related injury insurance hospitalization service standards.

    2) Food allowance.

    1. Standard: 70 of the food subsidy standard for business trips of the unit.

    2. Requirements: During hospitalization.

    3) Accommodation, board, and transportation expenses.

    1. Standard: The standard reimbursement for the employees of the unit for business trips.

    2. Requirements: (1) The injured employee seeks medical treatment outside the overall planning area;

    2) Issued a certificate by a medical institution and approved by the handling agency.

    4) **** fee.

    1. Standard: Pay from work-related injury insurance** (the employer does not buy work-related injury social insurance with you and pay by the unit).

    2. Requirements: (1) The medical institution that has signed the service agreement shall carry out it;

    2) Meet the list of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance.

    5) Assistive device fees.

    1. Standard: Pay from work-related injury insurance ** in accordance with the standards stipulated by the state (the unit does not buy work-related injury social insurance with you and pay it by the unit).

    2. Requirements: (1) Confirmed by the Labor Ability Appraisal Committee due to daily life or employment needs;

    2) Fitting of assistive devices such as prostheses, orthoses, prosthetic eyes, dentures, and wheelchairs.

    6) Leave of absence with pay.

    1. Standard: The original salary and benefits remain unchanged and are paid by the unit on a monthly basis.

    2. Requirements: (1) The period of suspension of work with 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.

    2) If the injured employee still needs to be ** after the expiration of the suspension period, he or she will continue to enjoy the medical treatment of the work-related injury.

    7) Living care expenses.

    1. Standard: Completely unable to take care of themselves, 50% of the average monthly salary of employees in the previous year

    Most of them cannot take care of themselves and co-ordinate 40% of the average monthly salary of employees in the previous year

    Some of them are unable to take care of themselves, and 30% of the average monthly salary of employees in the previous year is coordinated

    2. Requirements: (1) If you need nursing care during the period of suspension of work with pay, the unit shall be responsible;

    2) If the disability level has been assessed and confirmed by the Labor Ability Appraisal Committee to be in need of life care, the living care expenses shall be paid on a monthly basis from the work-related injury insurance**.

    8) Expenses for work-related injuries**.

    1. Standard: Enjoy the work-related injury benefits stipulated in Articles 29, 30 and 31 of these Regulations (the employer does not buy work-related injury social insurance with you and the employer pays it).

    2. Requirements: The work-related injury of the injured employee needs to be confirmed.

  3. Anonymous users2024-02-04

    Personal wages refer to the average monthly wages paid by injured employees in the month before they are injured in accidents or suffer from occupational diseases due to work. If the salary of the employee is higher than the average salary of the employees in the overall planning area, it shall be calculated according to the average salary of the employees in the overall planning area; If the salary of the employee is lower than the average wage of the employees in the overall planning area, it shall be calculated according to the average salary of the employees in the overall planning area. The average monthly wage is paid by the unit to the local work-related injury medical agency, and the specific amount can be inquired from the local agency.

    Therefore, my salary is not the monthly salary you receive from the unit, let alone the bonus.

  4. Anonymous users2024-02-03

    According to the Regulations on Work-related Injury Insurance, the eight main compensation items for work-related injuries are as follows: (1) medical expenses; (2) One-time disability allowance for 11 months' salary; (3) A one-time employment subsidy, which shall be determined according to the work-related injury insurance regulations of the province where the worker is located, and shall be received upon termination of the labor relationship; (4) One-time medical subsidy, which shall be determined according to the work-related injury insurance regulations of the province where the worker is located, and shall be received when the labor relationship is terminated; (5) The salary during the period of suspension of work with pay shall be determined according to the notice of the conclusion of the labor ability appraisal; (6) Food subsidy, nursing fee, transportation fee, etc. In calculating the actual amount of compensation, you also need to look at the local compensation standard and salary, you can consult or entrust a local lawyer, or you can choose to consult directly online.

    Therefore, when the private negotiation is carried out, the amount of compensation is generally to reach the amount of compensation calculated according to the above standards, and if the amount of private negotiation is lower than that calculated according to the standards, then there is no need to choose private.

  5. Anonymous users2024-02-02

    Hello. Hello, I am a cooperating lawyer and it is a pleasure to serve you.

    A one-time disability allowance for 10 months is paid by the social security institution.

    Grade 8 disability shall be compensated for medical expenses, food allowance, living care expenses, wages during the work-related injury, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, one-time work-related injury medical subsidy and one-time disability employment subsidy. The standards of one-time disability allowance, one-time medical subsidy for work-related injury and one-time disability employment subsidy are: one-time disability subsidy is 11 months' salary; The one-time medical subsidy for work-related injuries is 4 months' salary; The one-time disability employment allowance is 15 months' salary.

    Level 8 disability is a lesser level of disability. In China, the determination of the level of disability is generally based on the appraisal of the judicial appraisal agency, which will determine the disability level according to the circumstances of partial organ defects, abnormal morphology, mild functional impairment, medical dependence, and those who can take care of themselves.

    Grade 8 work-related injury benefits mainly include: medical expenses, one-time disability subsidy (11 months' salary), one-time disability employment subsidy (determined according to the work-related injury regulations of the province where the worker is located, and received when the labor relationship is terminated), one-time work-related injury 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, etc.

    Not necessarily. If an employee is injured in the line of duty, he or she can enjoy work-related injury insurance benefits. The subsidy shall be applied to the social insurance department according to the level of the appraisal of the working ability. Depending on the level of disability, the level of benefit that can be received is different.

    The following materials shall be submitted for the application for work-related injury determination: (1) the application form for work-related injury determination; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate). The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

    Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

    The one-time employment allowance for disability of grades 1 to 4 is 21-27 months' salary; The standard of one-time medical subsidy for work-related injuries of employees with work-related injuries from grade 5 to grade 10 is 6-16 months of the average monthly wage of employees in the overall area in the previous year, and the standard of one-time disability employment subsidy is 6-56 months of the average monthly wage of employees in the overall area in the previous year, including 56 months for level 5, 46 months for level 6, 36 months for level 7, 26 months for level 8, 16 months for level 9, and 6 months for level 10.

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  6. Anonymous users2024-02-01

    Legal Analysis: Grade 8 Work-related Injury Compensation has a one-time disability subsidy paid from work-related injury insurance**, of which Grade 8 disability is 11 months' salary. If it is an illegal employer, if the employee is disabled in the eighth grade, the compensation base shall be 3 times.

    Among them, the average annual wage of employees in the previous year at the place where the compensation base is located. China's regulations on work-related injury insurance clearly stipulate that if a worker is identified as a grade 7 to 10 disability due to work-related disability, he shall enjoy the following benefits: a one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance, and the standard is:

    13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability. Legal basis: Article 37 of the Regulations on Work-related Injury Insurance An employee who is identified as having a disability of Grade 7 to Grade 10 due to work-related disability 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 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 Employees who are identified as having a disability of Grade 7 to Grade 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.

  7. Anonymous users2024-01-31

    The eighth-level compensation for work-related injuries has the following items: **medical expenses and **expenses for work-related injuries; Chonghanshan hospitalization food subsidy; Report to the agency for approval, transportation, accommodation and accommodation expenses for medical treatment outside the overall planning area; the cost of installing and configuring disability assistive devices; A one-time disability allowance of 11 months' salary.

    [Legal basis].

    Article 37 of the Regulations on Work-related Injury Insurance stipulates that 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 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 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 the one-time work-related injury medical treatment subsidy and the one-time disability employment subsidy shall be stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government.

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