How to compensate for the contract worker s grade 10 disability and grade 10 work related injury acc

1. You should first ask the company to apply for work-related injury recognition, if the company department applies, you should apply to the work-related injury department of the local labor bureau within one year, otherwise after one year, you cannot apply for work-related injury recognition.

2. After the work-related injury department identifies as a work-related injury, you will apply for the appraisal of the labor ability level, and if it constitutes a disability, you will discuss compensation with the company.

3. According to the injury you mentioned, it may also constitute a grade 9.

4. The specific compensation standard varies from province to province. It is based on the regulations on work-related injury insurance and the implementation of work-related injury insurance regulations in various provinces. And it's calculated based on age.

For example, for grade 10 disability, the Regulations on Work-related Injury Insurance stipulate that employees who are identified as grade 10 disabled due to work-related disability shall enjoy the following benefits:

1) A one-time disability allowance from work-related injury insurance** is paid for 6 months' salary;

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 in accordance with the standards prescribed by each province, autonomous region or municipality directly under the Central Government.

My salary refers to the average monthly salary of the injured employee in the 12 months before the accident; The salary standard shall not be less than 60 of the average salary of local employees.

If the employee terminates the labor contract due to the employee's 10th grade work-related injury, the employee shall pay a one-time medical subsidy for work-related injury by the work-related injury insurance**, and the employer shall pay a one-time disability employment subsidy; If the employer illegally terminates the termination, the employer shall pay compensation at twice the compensation standard for economic impairment.

[Legal basis].Article 37 of the Regulations on 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 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.

Legal analysis: The employer cannot terminate the labor contract during the period of the employee's work-related injury, and at the same time terminate the contract after the employee recovers from the work-related injury or changes positions after the work-related injury, which also violates the Labor Contract Law. If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he or she belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the administrative department for the overall planning of the labor posture and deficiency security.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being 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) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident during the period when they are quietly out of the register due to work suspicions;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

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 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**.

Legal analysis: The employer shall pay double compensation for the termination of the labor contract with grade 10 work-related injury, and the economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

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 work-related injury insurance** in accordance with the provisions of the State:

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

2) Hospitalization meal subsidy;

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) If the person is unable to take care of himself, the living care fee 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 loan, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

If the social security is not paid, the unit shall also bear it within the scope of reasonable necessity in accordance with the law.

Zongheng Legal Network-Shanxi Longcheng Law Firm-Wang Jun lawyer.

1.If you choose to continue to work in the employer and do not resign, according to the "Regulations on Work-related Injury Insurance", you will only enjoy a one-time disability allowance, and the 10-level work-related injury will be 7 months' salary (paid by work-related injury insurance**), and the one-time work-related injury medical subsidy and one-time disability employment subsidy will not be paid to you.

2.If you choose to quit your job, you can only enjoy a one-time medical subsidy for work-related injuries (paid by work-related injury insurance**) and a one-time disability employment subsidy (paid by the employer) at the same time as the one-time disability allowance.

3.Did you not resign when you applied for arbitration, so the arbitration was not allowed?

After the appeal period, it means that you have accepted the arbitral award, which means that you have no objection to the decision. So you can't appeal ...

You can reapply for arbitration on a lump sum Medicaid with the entity as the respondent.

The one-time medical subsidy is paid by the work-related injury insurance, since the work-related injury is recognized and the work-related injury reaches the level 10 disability, the work-related injury insurance must be paid when leaving the company, and it will generally be paid to the company's social security account. Didn't your company pay work-related injury insurance?

Hello dear! A work-related injury level 8 employer can terminate the labor contract through legal means such as consensus, but cannot terminate the labor contract through layoff or no-fault dismissal. According to; Article 40 of the Labor Contract Law of the People's Republic of China stipulates that under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; Article 42 In any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law: (2) The employer suffers from an occupational disease or is injured on the job and is confirmed to have lost or partially lost the ability to work in the workplace; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (6) Other circumstances in which laws and administrative regulations confiscate potatoes.