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The period of leave without pay for work-related injuries is generally not more than 12 months. Provisions for the period of leave without pay:
If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.
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.
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Summary. Article 37 of the Regulations on Work-related Injury Insurance If an employee 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) 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.
There are several levels of work-related injuries in the first phase of silicosis.
Hello, I am lawyer Zhang Juan, a cooperative lawyer of LegalPro platform, and I am happy to serve you.
Hello. Occupational silicosis stage 1 is a work-related injury of several grades.
In the work-related injury evaluation, the first-stage silicosis meets the "Work-related Injury Appraisal Standards" Grade 7 Disability Article 45 Mild impairment of lung function. Identified as a grade 7 disability, which is a relatively serious injury, you can get work-related injury insurance**, medical expenses related expenses are reimbursed and other benefits.
Approximate how much to compensate.
Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as having a disability of grade 7 to 10 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 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 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.
This requires an appraisal of the work-related injury before the amount of compensation can be determined.
One-time settlement. The company did not have workers' compensation insurance.
It is recommended to apply for labor arbitration at the Labor Bureau.
The two parties agreed that according to the seventh-grade work-related injury standard, the compensation wage standard is 5,400 yuan, and how much money will be paid for a one-time settlement per month.
13 months' salary.
The other two are also the same as how much the payout.
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.
Xinyu City, Jiangxi Province.
Sorry, I just checked it for you, there are no detailed and specific rules on the Internet.
You will need to check with your local labor office.
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Legal Analysis: Meets the Grade 7 Disability.
Legal basis: Social Insurance Law of the People's Republic of China
Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.
The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.
Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:
1) Intentional crime;
2) Drunkenness or drug abuse;
3) self-harm or suicide;
4) Other circumstances provided for by laws and administrative regulations.
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According to Article 50 of the fourth-level disability standard of GB T16180-2004 Labor Ability Fiber Appraisal Disability Grade of Employees Caused by Work-related Injuries and Occupational Damage: Stage 1 pneumoconiosis with moderate injury and/or moderate hypoxemia.
According to Article 50 of the fourth-level disability standard of GB T16180-2004 Labor Ability Appraisal Employee Disability Caused by Work-related Injuries and Occupational Diseases, etc., the first stage of pneumoconiosis is combined with active tuberculosis.
So it should be level 4.
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