How to calculate compensation for grade 10 disability? How much can I compensate?

The 10th level compensation for work-related injuries is: a one-time disability subsidy for 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 Article 37 of the Regulations on Work-related Injury Insurance, if an injured employee is identified as a Grade 10 disability, the work-related injury insurance** shall pay a one-time disability subsidy of 7 months' salary. If I propose to terminate the contract or terminate the labor contract upon expiration, the work-related injury insurance shall pay a one-time work-related injury medical subsidy and the employer shall pay a one-time employment subsidy in accordance with the standards stipulated by the province, municipality directly under the Central Government or autonomous region where the work-related injury insurance relationship is located.

According to Article 62 of the Regulations on Work-related Injury Insurance, if an employer does not participate in work-related injury insurance, the employer shall pay all work-related injury insurance benefits in accordance with the prescribed standards.

The one-time work-related injury and disability subsidy is calculated as the average monthly salary of the injured employee in the 12 months prior to the accident injury or occupational disease caused by the 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.

Regulations on Work-related Injury Insurance

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.

In the case of a grade 10 work-related injury, there is a separate standard of compensation.

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Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's inability to work or the level of disability, and 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. 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. If the victim is disabled due to an injury but his actual income has not decreased, or if the level of disability is relatively minor but the occupational obstruction seriously affects his or her labor and employment, the disability compensation may be adjusted accordingly.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Being injured in a motor vehicle accident while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be found to be work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) During working hours and at work, Gao Yuanshi died of a sudden illness or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.