-
The disability compensation is based on the age of the injured person and the household registration, if the same person is identified as three levels 9 and 10, the disability compensation coefficient is 23%. Local per capita income (distinguishing between rural and urban) 20 years (20%+3%), of which 20% is the compensation index of level 9 and 3% is the increase index of 3 levels of 10. The final disability compensation is then determined based on the above factors.
If the person is not over 60 years old, the amount of disability compensation shall be calculated as follows: 20 years from the date of determination of disability based on the per capita disposable income of urban areas or net income of rural areas in the overall area of the previous year; Multiply by the disability compensation factor. For example:
If the person is over 60 years old, the compensation year will be reduced by one year for each year of age increase, and if the person is over 75 years old, it will be calculated as 5 years. For example, the injured person is 75 years old, has an urban household registration, has a disposable income of 10,000 yuan in the previous year, and the disability level is divided into nine and ten grades.
The calculation formula is: 10000*5*
-
If multiple disabilities are constituted, they cannot be upgraded cumulatively, so 3 10 levels and 1 9 level are still 3 10 levels and 1 9 levels. The calculation of disability compensation is as follows: local per capita income (rural and urban) for 20 years (20%+3%), of which 20% is the compensation index for level 9 and 3% for the increase index of three level 10.
-
Legal analysis: The difference between the 10th and 9th level compensation areas of traffic accident disability appraisal is only 10% difference in disability compensation, and other compensation needs to be determined according to the specific traffic accident loss.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 25: Disability compensation is calculated on the basis of the degree of the victim's loss of ability to work or the level of disability, and on the basis of 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, and is calculated for 20 years from the date on which the disability is determined. However, if the age is 60 years old or older, the age is reduced by one year for each additional year and is over 15 years old, it is calculated 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.
-
Around 100,000 to 120,000, you can refer to local standards.
-
The amount of compensation for level 9 disability assessment generally depends on the specific situation, and the level 9 disability is 9 months' salary. Calculation formula for medical expenses: Medical expenses compensation = diagnosis and treatment amount + drug amount + hospitalization service fee amount + follow-up medical expenses, transportation, accommodation and expenses. 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. The amount of compensation for level 10 of disability assessment generally depends on the specific situation, and the level 10 disability is 7 months' salary. Calculation formula for medical expenses: Medical expenses compensation = diagnosis and treatment amount + drug amount + hospitalization service fee amount + follow-up medical expenses, transportation, accommodation and expenses.
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.
Article 37 of the Regulations of the People's Republic of China on Work-related Injury Insurance.
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 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.
-
1) Medical expenses: calculated according to the necessary expenses of the hospital for the traffic accident trauma of the parties, and paid by vouchers. If it is truly necessary to continue after the case is concluded, it shall be paid in accordance with the necessary expenses.
2) Compensation for lost work: If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to lost work, and if the income is more than three times the average living expenses of the place where the traffic accident occurred, it shall be calculated according to three times; If there is no fixed income, it shall be calculated according to the average income of the same state-owned industry in the place where the traffic accident occurred.
3) Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for the staff of the state organ where the traffic accident occurred.
4) Nursing expenses: During the period of hospitalization of the injured person, if the nursing staff has income, it shall be calculated in accordance with the provisions on lost work expenses; If there is no income, it shall be calculated according to the average cost of living in the place where the traffic accident occurred.
5) Living allowance for the disabled: calculated according to the level of disability and the average living expenses of the place where the traffic accident occurred. Compensation for 20 years from the month of disability.
However, if the age is over 50 years old, the age shall be reduced by one year for each additional year, and the minimum shall not be less than 10 years; Those over the age of 70 are counted as five years.
Legal basis: Article 464 of the Code stipulates: "A contract is an agreement between civil subjects to establish, modify or terminate a civil relationship.
-
1. How to compensate for a ninth-level and tenth-level disability.
1. Compensation for one-time disability subsidy, 9 months' salary for grade 9 disability, 7 months' salary for grade 10 disability, according to relevant laws and regulations, if the labor and employment contract of the employee is identified as disabled due to work-related disability is terminated, or the employee himself proposes to terminate the labor and employment contract, 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.
2. Legal basis: Article 30 of the Regulations of the People's Republic of China on Work-related Injury Insurance.
Employees who are injured in accidents or suffer from occupational diseases due to work are entitled to medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid. **If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**.
The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area. Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.
If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
2. What is the standard of compensation for personal injury?
1. Medical expenses. The compensation for medical expenses shall generally be determined by the diagnosis certificate of the local ** hospital and the receipts or medical records and prescriptions of medical expenses, ** fees, and hospitalization fees. When necessary, a forensic medical examiner may be entrusted to conduct an evaluation;
2. Lost time pay. The date of the victim's loss of work shall be determined on the basis of the actual degree of damage, the state of recovery, and with reference to the forensic evaluation or the certificate issued by the ** hospital;
3. Food expenses. The in-hospital meal subsidy shall be compensated in accordance with the standard of meal subsidy for general staff of state organs on business trips multiplied by the number of days of hospitalization;
4. Nursing fees. The victim's ability to take care of himself after being injured should generally be determined by a forensic doctor's evaluation or a certificate issued by a hospital;
5. Transportation expenses. If the victim goes to the local hospital** or must be transferred**, the transportation expenses of the victim and the necessary nursing personnel shall be compensated;
6. Accommodation fees. If the victim who has to go to a hospital in another place** really needs to wait for treatment due to the lack of beds in the hospital or other reasons and is not allowed to travel to and from home due to the condition of the injury, or the transportation expenses to and from the home are higher than the accommodation fee, the accommodation expenses of the victim and the necessary nursing personnel shall be compensated;
7. Nutrition expenses. If the victim's injuries are serious and it is really necessary to supplement nutritional food as an auxiliary after forensic evaluation or ** hospital, the expenses may be compensated as appropriate.
-
1. How much is the compensation for grade 10 disability for work-related injuries?
The amount of compensation for level 10 of work-related injury appraisal generally depends on the specific situation. Grade 10 is entitled to a one-time disability subsidy of 7 months' salary, and a one-time medical subsidy and employment subsidy for work-related injuries when the contract is terminated or terminated.
According to Articles 30, 33, 37, 62 and 64 of the Regulations on Work-related Injury Insurance, employees who are injured at work and are identified as having a Grade 10 disability shall enjoy the following benefits:
1. If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug catalog, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**;
2. The work-related injury insurance** shall pay the hospital meal subsidy according to the standards stipulated by the province or city;
3. Confirmed by the Labor Ability Appraisal Committee, the cost of installing medical equipment shall be paid by the work-related injury insurance** according to the prescribed standard;
4. If the employee suspends work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension and salary, and shall be paid by the unit on a monthly basis;
5. The employer is responsible for the nursing care during the period of hospitalization when you are unable to take care of yourself;
6. Pay a one-time disability subsidy from work-related injury insurance** for 7 months' salary;
7. The labor ability appraisal fee shall be paid by the work-related injury insurance**;
8. If the labor is terminated or terminated, a one-time medical subsidy for work-related injuries shall be paid by the work-related injury insurance** and a one-time employment subsidy for disability shall be paid by the employer in accordance with the standards stipulated by the province, municipality directly under the Central Government and autonomous region.
If the employer does not participate in work-related injury insurance, the employer shall pay all expenses.
Personal wages refer to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases at work. If the 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 the salary of the employee 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.
-
It is a very clear answer to your kind of question, mainly for industrial accidents or corresponding traffic accidents for disability assessment, which is divided into 10 levels of disability assessment standards, under normal circumstances, the actual standard is more than 8,000 yuan, and the standard of 9 levels is more than 20,000 yuan, but some are also based on your damage, or the degree of injury, different parts are different, he said that the price of the subsidy is also very different, I hope my answer can help you.
Disability compensation for 2 grade 10 disability = per capita disposable income of urban (rural residents) in the previous year at the location of the court where the lawsuit is filed Disability coefficient (12%) The number of years of compensation varies slightly from region to region, and the specific reference is to the local standard. >>>More
According to the description, it should be a multi-level disability, the abdomen should be grade 8, and the legs should be grade 10. >>>More
How much is generally compensated for a grade 10 disability? According to our handling situation, we can generally pay more than 100,000 yuan. It also depends on the relevant evidence and the occupation in which you are engaged.
I longed to go to the fairy tale world.
Ever since I watched The Chronicles of Narnia, I've been yearning for the boy whose protagonist goes through that magical wardrobe. >>>More
Each has its own benefits, if you rarely go to the battlefield, if you only fight monsters outside, most of your area prestige will be very high, it will be more convenient to do certain things, or it can be cheaper to buy things (the latter is not useful), and if you keep brushing the battlefield, your reputation in most areas will be very small, and some things may be a little inconvenient, but if you keep brushing the battlefield, you don't have to worry about your level equipment, the battlefield outfit is very good, it's pretty good, hehe, it mainly depends on how you want to play