Is the level 8 living allowance for work related injuries counted, and how to calculate it

Updated on society 2024-04-03
11 answers
  1. Anonymous users2024-02-07

    Grade 8 is entitled to a one-time disability subsidy of 11 months' salary, and a one-time medical subsidy and employment subsidy for work-related injury when the contract is terminated or terminated.

    According to Articles 30, 33, 37, 62 and 64 of the Regulations on Work-related Injury Insurance, employees injured at work who are identified as having Grade 8 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 11 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.

  2. Anonymous users2024-02-06

    Grade 8 disability can be claimed:

    Lump sum disability benefit: 11 months' salary.

    One-time medical subsidy for work-related injuries: The compensation standard shall be stipulated by the implementation measures of the local work-related injury insurance regulations of the province or city.

    One-time disability employment subsidy: The compensation standard shall be stipulated by the implementation measures of the local work-related injury insurance regulations of the province or city where it is located.

    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.

  3. Anonymous users2024-02-05

    Only those with a disability level 6 or above will have a disability allowance!

  4. Anonymous users2024-02-04

    1. Compensation standard for premature disability of Grade 8 injury.

    1) A one-time disability allowance for 10 months, paid by the social security institution. The compensation base is 2,551 yuan 10 months = 25,510 yuan.

  5. Anonymous users2024-02-03

    Because the standards set by different provinces across the country, your questions cannot be accurate.

    1. First of all, it is necessary to apply to the local labor department for work-related injury determination, which is the premise of obtaining compensation;

    2. After the determination of work-related injury, the level of disability and the degree of incapacity for work shall be assessed, which is the basis for calculating the amount of compensation;

    3. If no compensation is made, an arbitration request can be filed with the local labor arbitration department, which will be adjudicated by the arbitration commission in accordance with the law;

    4. If both parties to the adjudication are dissatisfied with the ruling, they may file a civil lawsuit with the local people's court, and the litigation process of the final trial of the two instances will be bent and unordered.

    5. Regardless of whether the arbitration commission or the people's court, when calculating the amount of compensation, the amount of compensation shall be calculated in accordance with the provisions of the "Regulations on Work-related Injury Insurance", according to the average monthly wage of the previous year and the average salary of the employees of the province in the previous year.

    6. Work-related injury compensation shall pay the medical expenses in full. You should be aware of the legal provisions for workers' compensation and defend your rights in accordance with the law.

  6. Anonymous users2024-02-02

    Level 8 work-related injury compensation standard: Grade 8 disability is 11 months' salary, if the labor or employment contract is terminated at the expiration of the term, or the employee himself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy.

    Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances: (1) he or she is 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the primary responsibility of the person who stopped the land, while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. Article 30 Employees who are injured in accidents or suffer from occupational diseases due to their work shall enjoy medical treatment for work-related injuries.

    Employees who are injured at work shall 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. **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**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

    The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance **, and the specific standard of payment shall be stipulated by the people of the co-ordination area**. Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures. If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

  7. Anonymous users2024-02-01

    1. First of all, it is necessary to apply to the local labor department for work-related injury determination, which is the premise of obtaining compensation;

    2. After the determination of work-related injury, the level of disability and the degree of incapacity for work shall be assessed, which is the basis for calculating the amount of compensation;

    3. If no compensation is made, an arbitration request can be filed with the local labor arbitration department, which will be adjudicated by the arbitration commission in accordance with the law;

    4. If both parties to the ruling are not satisfied with the ruling, they may file a civil lawsuit with the local people's court and enter the litigation procedure of the final trial of the two instances.

    5. Regardless of whether the arbitration commission or the people's court, the amount of compensation shall be calculated in accordance with the provisions of the Regulations on Work-related Injury Insurance, according to the average monthly wage of the previous year and the average salary of the employees of the province in the previous year.

    6. Work-related injury compensation shall pay the medical expenses in full. You should be aware of the legal provisions for workers' compensation and defend your rights in accordance with the law.

  8. Anonymous users2024-01-31

    1. The level of disability shall be appraised by the labor ability appraisal committee at the city level divided into districts. 2. Work-related injury and disability benefits are: 17-10 grades

    1) A one-time disability subsidy will be paid according to the disability level from the work-related injury insurance, and the standard is: 10 months' salary for level 8.

    2) If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time work-related injury insurance subsidy and disability employment subsidy, and the specific standards shall be formulated by the people of each province, municipality and autonomous region. Specifically, you can take a look at the Regulations on Work-related Injury Insurance

  9. Anonymous users2024-01-30

    It is issued according to the level of work-related injury, which is the same throughout the country.

    Lump sum disability benefit.

    Grades 1 to 10 are paid one month's salary.

    It is not clear exactly how the employment subsidy is calculated.

    Hope it helps.

    I think the best way to do this is to consult a lawyer.

  10. Anonymous users2024-01-29

    Find the factory manager to calculate.

    If you are injured in a job, you have to find a factory manager.

  11. Anonymous users2024-01-28

    You can probably get compensation there.

    1.Salary for the period of medical termination (the period of medical termination is specified in the disability assessment conclusion) (issued by the unit).

    2.Food expenses during hospitalization (70% of the local business trip standard, Foshan, Guangdong is currently 21 yuan a day) (unit out).

    3.The nursing expenses during the hospitalization shall be reported (from the unit).

    4.The transportation expenses during the outpatient clinic** after discharge will be reimbursed according to the ticket corresponding to the time on the medical record (unit discharge).

    5.A one-time disability subsidy corresponding to the level of disability assessment (social security, the same standard across the country, several levels correspond to several months' salary, you can take a look at the local social security, if the unit does not buy the work-related injury insurance in the social security, the unit will pay according to the standard of social security).

    6.A one-time medical subsidy corresponding to the disability assessment result (issued by the unit, unified by the provinces, and several levels correspond to several months' salary, you can take a look at the local social security) (to take this item, you need to terminate the labor relationship with the unit).

    7.A one-time employment subsidy corresponding to the results of the disability assessment (issued by the unit, unified by the provinces, and several levels correspond to several months' salary, you can take a look at the local social security) (to take this item, you need to terminate the labor relationship with the unit).

    That's all you can get, and the monthly salary mentioned above is your average salary for the last 12 months. Do the math yourself.

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