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If you have a seventh-grade disability due to work-related injury, you can apply for a one-time disability subsidy in the work-related injury treatment after the results of the labor ability appraisal are available. When the employment relationship with the employer is terminated, you can receive a one-time employment subsidy and a one-time medical subsidy.
Amount: The one-time disability allowance for grade 7 disability is 13 months' salary, calculated on the basis of the average salary of the previous 12 months. The amount of the one-time Medicaid and one-time employment grant is calculated based on local regulations.
Legal basis: 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.
Measures for the Implementation of Work-related Injury Insurance in Shanghai
Article 41 (Disability Grade 7 to 10 Treatment).
If a work-related injury 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) Pay a one-time disability allowance from work-related injury insurance**. in the case of Grade 7 disability, it shall be 13 months' salary of the injured worker; 11 months for grade 8 disability; Grade 9 disability, 9 months; 7 months for grade 10 disability.
2) If the labor contract is terminated upon expiration, or the injured person himself proposes to terminate the labor 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. For those with grade 7 disabilities, they are respectively 12 months of the average monthly wages of employees in the city in the previous year; for grade 8 disability, 9 months each; Grade 9 disability, 6 months each; For grade 10 disability, 3 months each.
If the injured employee himself or herself proposes to terminate the labor relationship with the employer, and the termination of the labor relationship is less than 5 years before the statutory retirement age, the one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability shall be reduced by 20% for each year of shortage, except for the circumstances provided for in Article 38 of the Labor Contract Law of the People's Republic of China.
Where the labor relationship is terminated due to the retirement or death of a work-injured person, he shall not enjoy the benefits provided for in Item 2 of the first paragraph of this Article.
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Compensation standard: 1. One-time disability subsidy According to the provisions of Article 35, Article 36 and Article 37, if an employee is identified as a seventh-grade disability due to work-related disability, the insurance will pay a one-time disability subsidy, and the standards are as follows: Seventh-grade disability: one's salary 13
Level 2 and 7 one-time medical subsidy for work-related injuries and disability employment subsidy.
1. One-time medical subsidy for work-related injury: paid by work-related injury insurance**;
2. One-time disability employment subsidy: paid by the employer; According to the above two gold standards, according to the determination, the regulations on work-related injury insurance do not stipulate a unified standard, and the specific standards are authorized to be stipulated by all provinces, autonomous regions and people. It can be found in the provincial regulations on work-related injury insurance or in the work-related injury insurance measures.
For example: Provincial one-time medical subsidy for work-related injuries and disability employment subsidies 1) One-time medical subsidy for work-related injuries (work-related injuries**): Grade 7 disability:
The average salary of prefecture-level cities and prefectures is 10; 2) One-time disability employment subsidy (unit): Level 7 disability: 26 per capita wage in prefecture-level cities and prefectures;
3. During the period of suspension of work with pay, the original salary and benefits shall remain unchanged and shall be paid by the unit 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 shall not exceed 12 months.
Note: Work-related injuries in the region can refer to the "Classification Catalogue of Work-related Injuries and Employees' Suspension of Work and Pay Period in Chengdu".
4. If an injured employee who is unable to take care of himself during the period of suspension of work and salary needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible. If the unit does not arrange care, the unit will pay the nursing fee, which is generally 60 80 yuan a day in Chengdu.
5. Hospitalization meal subsidy, transportation expenses, and food and lodging expenses for hospitalization of employees injured at work, as well as the transportation, food and lodging expenses required for work-related injuries to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standards for the payment of socks shall be stipulated by the people in the co-ordination area.
6. Medical expenses** If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. At present, there are different practices in different places to deal with the medical expenses that exceed the catalogue and service standards, and the practice in most regions is that the employer does not bear it.
7. Work-related injury expenses: The expenses for work-related injuries incurred by injured employees at medical institutions that have signed a service agreement shall be paid from work-related injury insurance if they meet the requirements. On December 12, 2007, the "Interim Measures for the Management of Work-related Injured Employees in Chengdu" was promulgated, which has clear provisions.
VIII. Expenses for Assistive DevicesInjured employees can be fitted with prostheses, orthoses, prosthetic eyes, dentures, wheelchairs and other assistive devices due to the needs of daily life or employment, confirmed by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance in accordance with the standards stipulated by the state.
9. Treatment of work-related injuries: Employees with work-related injuries who are injured at work, and who are confirmed to need them, shall enjoy the medical expenses for work-related injuries, assistive devices, and wages for the period of suspension of work.
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