How much should be compensated for a mine injury that has been identified as a grade 10 disability,

Grade 10 of mine work-related injuries are entitled to a one-time disability subsidy of 7 months' salary, and a one-time medical subsidy and employment subsidy for work-related injuries are granted for termination or termination of the contract.

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 dissolved or terminated, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

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.

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 according to the level of disability from the work-related injury insurance**, and the standard is: 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. Generally, it is the average monthly salary of employees in the previous year for 10 months or 20 months.

3) Nursing expenses for hospitalization and leave of absence with pay: 80% of the average monthly salary of employees in the overall area in the previous year;

4) Hospitalization meal subsidy: refer to the standard of food subsidy for business trips (yuan per person-day) * 70% * number of people * number of days;

5) Wages and benefits during the period of suspension of work and salary: unchanged (generally not more than 12 months);

What should I do if the personal appraisal company does not give the appraisal notice.

The compensation standard for grade 10 disability for work-related injuries in mines is 450,000 yuan, and the employer shall be responsible for compensation. The compensation standard includes financial compensation, medical expenses, living expenses, disability allowance, etc. If the parties are unable to negotiate, they may file a lawsuit with the people's court.

Grade 10 disability refers to workers who suffer permanent physical or psychological damage due to work-related reasons. According to the relevant regulations, the compensation standard for grade 10 disability for work-related injuries in the mine is 450,000 yuan, which includes the following: 1

Severance payments. Compensation is to be given in accordance with a certain percentage of the victim's salary level and length of service. 2.

Medical expenses. The employer shall bear the medical expenses and part of the expenses during the work-related injury. 3.

Cost of living. A certain percentage of the victim's salary is used for living expenses until the victim's death or completely**. 4.

Disability benefits. Employees with a disability of grade 10 are also entitled to it. The rate of the allowance is 80% of the monthly salary.

If the employer has any problems in the process of compensation, such as refusing to pay compensation or failing to pay compensation in accordance with regulations, the victim can file a complaint with the labor and social security department or seek legal solutions to the problem.

What should I do if the employer commits fraud in the payment of compensation? If the employer commits fraud in paying the compensation, the victim may file a lawsuit with the people's court. According to Article 24 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Compensation Cases for Infringement of Personal Rights and Interests, if an employer causes personal injury to another person due to its fault, it shall bear tort liability and compensate for its economic losses and spiritual solace.

For compensation for grade 10 disability caused by work-related injuries in the number of mine shafts, the employer shall fulfill its obligation to compensate in accordance with the law to protect the legitimate rights and interests of the victim. Victims should also be aware of the relevant regulations in the process of compensation and protect their rights in a timely manner.

Legal basis]:

Article 67 of the Mine Safety Law of the People's Republic of China In the event of a mine accident that causes different degrees of personal impact, the standard and scope of compensation that shall be paid by the employer in accordance with the law shall be stipulated by the employer.

1. How much is the compensation for mine work-related injuries at level 10.

The injured employee was assessed as having a Grade 10 disability, which proves that the injury caused serious consequences to the worker's body. Then, in addition to compensating the employee for the medical expenses and expenses of work-related injuries, the hospital meal subsidy, the transportation and lodging expenses for medical treatment outside the overall area, the hospital meal subsidy, the disability assistance equipment fee, the living care expenses, and the salary during the period of suspension of work, the employer shall also pay the employee a one-time disability subsidy, a one-time disability medical subsidy and a one-time disability employment subsidy when the labor contract is terminated. Among them, the disability subsidy is 9 months' salary of the injured employee, but if the salary of the injured employee is too low, each province will make relevant special provisions, such as the provincial regulations, if the salary of the injured employee is lower than 60 of the average monthly salary of the employee on the job in the previous year, it will be calculated according to 60 as the base.

Among them, the one-time disability subsidy and one-time medical subsidy are specifically authorized by the "Regulations on Work-related Injury Insurance" to formulate specific standards for the people of various provinces, autonomous regions and municipalities directly under the Central Government. At present, the regulations vary from province to province. It is pointless to ask the injured employee and the employer to calculate the two compensation items with specific reference to the relevant specific standards of the province, and there is no point in blindly guessing.

Article 38 of the Social Insurance Law of the People's Republic of China Article 38 The following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance in accordance with national regulations: (1) medical expenses and expenses for work-related injuries (2) hospital meal subsidies (3) transportation and accommodation expenses for medical treatment outside the overall planning area (4) expenses required for the installation and configuration of disability assistive devices (5) living care expenses confirmed by the Labor Ability Appraisal Committee for those who cannot take care of themselves (6) One-time disability subsidy and monthly disability allowance for disabled employees of grades 1 to 4 (7) One-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved (8) Funeral subsidy, pension for dependent relatives and work-related death subsidy received by the surviving family members in the event of work-related death (9) Labor ability appraisal fee.

2. I am a grade 9 work-related injury, how much can I compensate?

Legal Opinion] Grade 9 Disability Compensation Standard: 9 months' salary for Grade 9 disability. Grade 9 work-related injury is entitled to a one-time disability subsidy of 9 months' salary, and a one-time medical subsidy and employment subsidy for work-related injury when the contract is terminated or terminated.

Legal basis] Article 37 of the "Regulations on Work-related Injury Insurance" If an employee is identified as a grade 7 to 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 the work-related injury insurance, and the standard shall be: 13 months' salary for grade 7 disability, 11 months of personal radical change including empty wages 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 leading blindness and disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Legal analysis: Grade 9 work-related injury is a partial loss of working ability, and in addition to the work-related injury medical treatment and the salary and benefits during the suspension period, the following benefits are enjoyed: 1. A one-time disability subsidy paid by work-related injury insurance** is 9 months' salary; 2. When the labor relationship is dissolved or 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, and the specific standards shall be stipulated in the province, or municipality directly under the Central Government or autonomous region.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance in accordance with the provisions of the state:

1) Medical expenses and expenses for work-related injuries;

2) Subsidies for inpatient food sheds;

3) Transportation and accommodation expenses for medical treatment outside the overall planning 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.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay the debt, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

According to Article 35 of the Regulations on Work-related Injury Refund Insurance, if an employee is identified as a seven-year-old starvation to a ten-grade disability due to work-related disability, he or she shall be entitled to the treatment of bending Zhengxia

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: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;

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 medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Lawyer Zhang Yi.