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If an agreement cannot be reached through negotiation, the applicant shall collect evidence and apply to the labor dispute arbitration commission for arbitration, and if the arbitration is not satisfied, it may appeal to the people's court, and if the company fails to perform after the judgment, it may apply for compulsory enforcement.
Note: If the injured employee's company has purchased work-related injury insurance, the one-time disability allowance and one-time medical subsidy will be paid by the work-related injury insurance**; The one-time employment subsidy is paid by the employer. Among them, the one-time disability subsidy can be applied for after receiving the appraisal conclusion, and the other one-time medical and employment subsidies can only be applied for when the labor contract with the employer is terminated.
In accordance with the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 2This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
Article 4In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.
Article 5In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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Legal analysis: The compensation for grade 10 disability is 84,658 yuan, as well as lost work expenses, nursing expenses, nutrition expenses, food subsidies, follow-up expenses, etc. Whether the company pays social security and the employee suffers a work-related injury, the employer shall submit an application for work-related injury recognition within 30 days from the date of the work-related injury.
If the employer fails to submit an application for recognition of work-related injuries on time, the employee shall self-declare within one year from the date of occurrence of the work-related injury.
Legal basis: Article 37 of the 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 benefits: (1) A one-time disability subsidy shall be paid from the work-related injury insurance ** according to the level of the injury and spine residue, and the standard is:
13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages 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.
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Grade 10 is entitled to a one-time disability subsidy of 7 months' salary, and a one-time medical subsidy and employment subsidy for work-related injuries 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 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. 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.
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Hello, I am a cooperative lawyer of the legal platform, I am happy to serve you, I have received your questions, I will answer and reply to you after analysis.
There are two types of disability compensation standards for grade 10: a one-time disability allowance that has not expired and a one-time disability allowance based on one month's salary; If the labor contract expires, or the employee himself or herself proposes to terminate the labor contract, he or she shall enjoy a one-time medical subsidy for work-related injuries of 6 months' salary and a one-time disability employment subsidy of 6 months' salary. The amount of grade 10 disability compensation is determined according to the relevant statistical data of the previous year published by the ** statistical department.
Therefore, when calculating the amount of compensation for grade 10 disability, the parties should check the relevant data so as to determine the calculation standard of the compensation item.
Question: Before the contract is full, the hand is injured, the disability is 10 grades, how much money can the insurance company accompany, and the insurance is bought.
Ask questions. What about the factory.
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Hello, I would like to ask, how much is the compensation for the tenth grade disability of the second finger of my left hand.
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Level 9, if it's good, you can lose hundreds of thousands.
According to the "Disability Level of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T 16180-2014
Nine-level grading principle.
Partial organ defect, abnormal morphology, mild functional impairment, no medical dependence or general medical dependence, no impairment in self-care.
18) except for the hallux, the remaining 3 4 distal fingers are missing;
The main compensation items are as follows:
A one-time disability benefit for 9 months. Calculated based on your average salary for the 12 months prior to the injury, regardless of whether you are required to submit supporting documents; If the proof cannot be submitted, it will be calculated based on the average of the contribution base of the social security work-related injury insurance for the 12 months prior to the injury.
One-time employment allowance for 10 months. According to the current national standard of 2015, it is calculated as the average monthly wage of local employees in the previous year. Call 12333 for inquiries. (Chengdu's 2015 annual standard is 4360 yuan).
One-time Medicaid, 6 months. The standard is the same as 2.
At the time, we will negotiate and settle transportation expenses, care expenses or something.
If the company does not pay wages on time during the ** period, it will be counted together when negotiating compensation with the company, and the standard is the average salary in the 12 months before the injury.
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