How can I compensate for the 10th grade of work related injury, and I haven t done it for 12 months

The work-related injury insurance benefits will not be affected if the injured employee has not worked for 12 months, and his salary will be calculated on the average basis of the actual working hours.

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. The payment time of the injured employee shall be made up for 12 months, and the average time of the actual payment shall be calculated.

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 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.

Legal analysis: The meaning of a work-related injury of less than grade 10 should be correctly understood, once the work-related injury is determined to be a work-related injury, and secondly, the disability level of the work-related injury does not reach the lightest grade 10 after the assessment of labor ability. Therefore, they can only enjoy the medical treatment of work-related injuries, and cannot enjoy the disability benefits of labor ability evaluation.

Legal basis: Regulations on Work-related Injury Insurance

Article 29 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Article 31 Where 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 unit to which he belongs on a monthly basis.

The period of leave without pay is generally not more than 12 months. 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 must 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 an injured employee still needs rotational treatment after the expiration of the period of suspension of work and salary, he or she shall continue to enjoy the medical treatment of the work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Grade 10 work-related injury, you don't have to be disabled. Hundreds of thousands of dollars should be compensated.

3. Legal basis: Articles 37 and 64 of the Regulations on Work-related Injury Insurance.

2. One-time medical subsidy for work-related injuries and one-time employment subsidy for disability.

1. Grade 10 disability can enjoy a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability;

2. The specific standards refer to the specific provisions of the measures for the implementation of the "Regulations on Work-related Injury Insurance" in various provinces and cities.

3. The legal basis is Article 37 of the Regulations on Work-related Injury Insurance.

If the work-related injury appraisal is not level 10, it does not constitute a disability level, that is, it does not affect the ability to work, and there is no medical dependence and self-improvement obstacles, but only enjoys the treatment of work-related injury medical treatment and the period of suspension of work. Legal basis: Article 21 of the Regulations on Work-related Injury Insurance If an employee suffers a work-related injury, the employee shall be evaluated for his or her ability to work if he or she has a disability that affects his or her ability to work after stabilization.

Article 22 The appraisal of labor ability refers to the grade appraisal of the degree of dysfunction of late labor and the degree of self-care disorder. There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders:

Unable to take care of oneself at all, unable to take care of oneself for most of one's life, and unable to take care of oneself partially. The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.