How to compensate for work related injury level 8, salary of 5,000, and loss of work time for six mo

Q: How to compensate for work-related injuries level 8, salary of 5,000, and loss of work time for six months, how much compensation can be claimed?

There are many legal provisions on work-related injury compensation, the most basic of which is stipulated in Chapter IV of the Social Insurance Law, the Regulations on Work-related Injury Insurance, and the legal provisions on work-related injury compensation.

If an employee is injured at work, whether it is a labor contract or a de facto labor relationship, he or she is entitled to work-related injury insurance benefits as prescribed by law.

If an employee is injured at work, the employer shall first make a work-related injury determination, and the employer shall apply to the local labor administrative department for a work-related injury determination within one month of the occurrence of the work-related accident. If the employer does not apply, the individual worker and his or her close relatives may apply. The individual worker shall fill in the Application Form for Determination of Work-related Injury and submit the following materials:

1. A copy of the labor or employment contract or other supporting materials for the existence of labor relations (including de facto labor relations) and personnel relations with the employer;

2. Post-injury diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate) issued by a medical institution.

If the injury is stable and the work-related injury is determined and the ability to work is affected, apply to the local labor ability appraisal committee for labor ability appraisal. To apply for labor ability appraisal, the application form for labor ability appraisal shall be filled in, and relevant materials shall be provided for the determination of work-related injuries and the medical treatment of work-related injuries.

After the results of the labor ability appraisal are out, apply for work-related injury insurance benefits according to the appraisal conclusions. For those who have participated in work-related injury insurance, the work-related injury insurance shall pay for the medical expenses and expenses of the work-related injury, the subsidy for in-hospital meals, the transportation and accommodation expenses for medical treatment outside the overall planning area, the expenses required for the installation and configuration of disability assistive devices, and the living care expenses confirmed by the Labor Ability Appraisal Committee, the one-time disability subsidy and the monthly disability allowance received by the disabled employees of grades 1 to 4, the one-time medical subsidy that should be enjoyed when the labor contract is terminated or terminated, and the death due to work, funeral allowances, pensions for dependent relatives, work-related death allowances, and labor ability appraisal fees received by their surviving family members; The employer shall pay the wages and benefits during the period of work-related injury, the monthly disability allowance received by the employee with grade 5 and grade 6 disability, and the one-time disability employment subsidy that the employer shall enjoy when the labor contract is terminated or terminated. If the employee does not participate in the work-related injury insurance, the employer shall pay the full amount.

Disputes arising from work-related injury insurance can be protected through labor dispute arbitration.

Grade 9 disability compensation standard: 9 months' salary. 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.

The Grade 9 Disability Appraisal Standard is also known as the Grade 9 Labor Ability Appraisal Standard for Work-related Injuries, which means that all persons who are identified as Grade 9 disability can enjoy the Grade 9 disability compensation standard.

Legal analysisWork-related injury insurance is a compulsory insurance that employers must purchase for employees who meet the requirements, so regardless of whether the employer has purchased work-related injury insurance or not, when an employee is injured and is identified as a Grade 9 disability, the employer shall pay the employee work-related injury compensation according to the relevant compensation standards of the locality. Work-related injury insurance and commercial insurance can exist at the same time in the case of work-related injury and disability, and the general work-related injury compensation is a little more than that of commercial insurance, but whether to buy commercial insurance is determined by the boss's personal will, and usually the boss buys it to offset the part of the compensation paid by the company when the employee is injured at work, so if the boss buys work-related injury insurance and commercial insurance for the employee at the same time, the worker can only enjoy 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 allowance shall be paid from 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.

Legal basisArticle 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 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.

There is a basis for compensation for work-related injuries and disability. It is not based on the individual's salary income, but on the basis of the local provincial average wage of the previous year. Namely:

Provincial average salary x length of service (one month for each year of service for grade 9 disability), compensation and resignation are carried out simultaneously. When you get the compensation, say goodbye to the company!

For grade 9 work-related injuries with a monthly salary of more than 5,000 yuan, the compensation will be relatively more, because his salary is very high.

If the monthly salary of alcohol is more than 5,000, how much will you pay, in fact, this unit will set it for you according to your actual situation.

Let him pay you for your medical expenses, as well as nursing expenses, later repair costs, and nutrition expenses, lost work expenses, as long as it is the expenses incurred during your injury, you can let him pay you.

Grade 9 work-related injury monthly salary of more than 5,000 yuan, how much is the compensation? It is enough to pay 50% of the compensation each month.

Generally, the "Regulations on Work-related Injury Insurance" issued by various provinces, autonomous regions and municipalities directly under the Central Government have different compensation standards and calculation methods, and there are certain regional differences. Regarding the issue of work-related injury Zhengquedong claims, I can provide you with a reference data, which is calculated on the basis of the compensation standards stipulated in the "Regulations on Work-related Injury Insurance" issued by various localities.

There are three types of compensation for those who have reached the minimum level 10 or above: a one-time disability allowance (paid by social security to the injured person), a one-time medical subsidy (paid by social security to the injured person - some regions stipulate that this compensation is paid by the enterprise to the injured person), and a one-time disability reemployment benefit (paid by the enterprise to the injured person).

If you do not terminate the labor contract (meaning that you continue to work in this unit), you will only receive a one-time disability allowance (in some places, you can also receive a one-time medical subsidy if you do not terminate the labor relationship); If the labor contract is terminated with the employer, you can get a one-time disability re-employment allowance and a one-time medical subsidy; If the employment contract is not terminated, it will not be obtained temporarily.

The following is an example of the 10-level disability compensation standard stipulated in the Regulations on Work-related Injury Insurance of Guangdong Province:

One-time disability allowance: 7 months' salary.

One-time disability reemployment payment: 4 months' salary will be compensated.

One-time medical subsidy: 1 month's salary will be compensated.

The Hubei Provincial Regulations on Work-related Injury Insurance also stipulate that if the labor contract is terminated upon expiration or the employee 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 standard of one-time medical subsidy for work-related injuries: 14 months of the average monthly salary of employees in the overall area in the previous year for grade 7 disability, 12 months for grade 8 disability, 10 months for grade 9 disability, and 8 months for grade 10 disability; Criteria for a lump sum disability employment grant:

Grade 7 disability is 20 months of the average monthly salary of employees in the overall area in the previous year, 16 months for grade 8 disability, 12 months for grade 9 disability, and 8 months for grade 10 disability.

The "Zhejiang Provincial Regulations on Work-related Injury Insurance" stipulates the ten-level disability compensation standard:

One-time disability allowance: 7 months' salary.

One-time disability reemployment payment: compensation for 2 months' salary.

One-time medical subsidy: 2 months' salary will be compensated.

The compensation standard for grade 10 disability in the "Sichuan Provincial Work-related Injury Insurance Regulations" is:

Lump-sum disability benefit: six months' salary of the person.

One-time disability employment allowance: calculated and paid for four months.

One-time medical subsidy for work-related injuries: calculated for one month.

The 10-level disability compensation standard stipulated in the "Regulations on Work-related Injury Insurance" of Jiangsu Province:

The benchmark standard for one-time work-related injury medical subsidy is: 30,000 yuan for level 10.

The benchmark standard for a one-time disability employment subsidy is: 10 yuan per cent.

The lump sum disability benefit is not specified. (It should be 7 months' salary).

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 in the employer. If the unit has paid work-related injury insurance premiums for employees injured at work for less than 12 months, the average monthly payment wage shall be calculated based on the actual number of months.

Legal Analysis] Grade 9 work-related injury disability compensation is 9 months' salary, and if the worker is injured due to work-related reasons and is recognized as a work-related injury, and the injury affects his work and life after the injury is stabilized, he can apply for a labor ability appraisal. The appraisal of working ability is divided into grades 1 to 10, which correspond to different disability subsidy standards, among which grade 10 disability is the lightest level of disability. According to the relevant laws and regulations, if an employee is injured on the job and the employer pays social insurance in full, the employee is entitled to work-related injury benefits.

Work-related injury insurance** compensates for medical expenses, hospital meal allowances, nursing expenses, assistive devices, etc. Work-related injury insurance for disability caused by work-related injuries** pays a one-time disability allowance according to the level of disability, and the employee's salary refers to the average salary of the employee in the past year. If an employee is identified as having a Grade 9 disability, the employment contract is terminated upon expiration, or the employee submits his or her resignation, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy.

Legal basis] Regulations on Work-related Injury Insurance》 Article 37 If an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she shall enjoy the following treatment: (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 work-related injury medical subsidy and one-time disability employment subsidy shall be stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Legal analysis: A total of 10 months' wages will be paid for grade 8 work-related injuries. From the work-related injury insurance**, a one-time disability allowance is paid according to the level of disability.

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 an employment subsidy for the disability of the employee.

Medical expenses are reimbursed, including medical expenses during hospitalization, training and work-related injuries.

1. Employees who are injured at work should 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;

2. 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 list, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance.

Legal basis: Regulations on Work-related Injury Insurance

Article 35 Where 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 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 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.