What should I do if the work related injury and disability appraisal level 10 comes out and the fact

After the appraisal of working ability, the employee can first apply for a one-time disability subsidy, and then the one-time employment and medical subsidy can only be applied for after the employee and the employer terminate the labor contract.

According to the 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.

For the issue of non-work-related injury and disability compensation, you can first go to an appraisal agency with judicial appraisal qualifications to do the appraisal, which can be entrusted by the court or chosen by the individual, but personal choice often leads to the other party's request for repeated appraisal, so it is best to ask the court to entrust the appraisal. The local social security bureau is only responsible for the appraisal of the working ability and the level of disability due to work, and after the identification, the specific compensation amount can be calculated in accordance with the relevant standards of personal injury compensation.

It can be resolved through labor arbitration or litigation.

Follow these steps to defend yourself:

1. To apply for work-related injury recognition first, the enterprise as the applicant shall be within 30 days from the date of the employee's accident or the date of diagnosis and appraisal of the occupational disease. The employee as the applicant shall be within one year from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease. If the enterprise does not apply for work-related injury recognition within the prescribed 30 days, the injured employee must remember to apply for work-related injury within 1 year.

2. The labor and social security administrative department will make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination.

3. If the employer does not admit the work-related injury, if the employee or his close relatives believe that it is a work-related injury and the employer denies that it is a work-related injury, the employer shall bear the burden of proof. If the employer does not have strong proof, it shall admit the work-related injury.

4. If it is possible to negotiate between the two parties, after it is determined that it is a work-related injury, the unit and the victim or the victim's family can sit down and negotiate, negotiate the amount and scope of compensation between the two parties. The employer fulfilled its obligation to compensate, and the victim did not need to go through other procedures.

5. If the negotiation fails, and the two parties cannot negotiate, the employee may apply to the labor arbitration commission where the employer is located for arbitration, and shall obey the ruling that no longer sues the court.

6. If the victim is dissatisfied with the arbitral award, he may file a lawsuit with the people's court within 15 days.

1. How to conduct labor arbitration if the company does not compensate for work-related injuries at level 10.

1. Case acceptance stage. This stage includes two tasks: first, the parties submit a written application for arbitration to the labor dispute arbitration commission within the prescribed time limit; The second is the acceptance of the case.

The arbitration commission shall make a decision on whether to accept or dismiss the arbitration application within a certain period of time after receiving the arbitration application.

2. Investigation and evidence collection stage. The purpose of investigation and evidence collection is to collect relevant evidence and materials, ascertain the implementation of the dispute, and prepare for the next step of mediation or adjudication. Investigation and evidence collection includes writing an investigation outline, conducting targeted investigation and evidence collection according to the investigation outline, and verifying the investigation results and relevant evidence.

3. Mediation stage. On the basis of ascertaining the facts, the arbitral tribunal should first conduct mediation and strive to make the parties reach an agreement voluntarily. The arbitral tribunal that has reached an agreement is also required to prepare an arbitration conciliation statement.

4. Adjudication stage. If the mediation by the arbitral tribunal is invalid or the parties repent before the arbitration mediation is served, and the mediation fails, the settlement of the labor dispute will be cancelled and enter the adjudication stage. The arbitral tribunal's decision shall be made by convening an arbitration conference.

Generally, it is necessary to go through the process of hearing and investigation, arguments and statements between the parties, and finally the arbitrators will fully negotiate the facts of the dispute and make an award in accordance with the principle of minority obeying the majority. The arbitral tribunal shall prepare a conciliation award after making its award. If the parties are not satisfied with the ruling, they may file a lawsuit with the court within the prescribed time.

5. The stage of mediation or enforcement of awards. The arbitration and mediation agreement shall take effect from the date of service on the parties and the date of service; The arbitral award shall take effect upon the expiration of the statutory time limit for filing a lawsuit. After the mediation or award takes effect, both parties should consciously implement it.

According to the Regulations of the People's Republic of China on Work-related Injury Insurance, a work-related injury can apply for work-related injury recognition and receive work-related injury insurance benefits according to a fixed proportion, including medical expenses, unemployment allowance, disability allowance, etc. In the case you provide, assuming that the work-related injury is determined to be a grade 10 disability, then the work-related injury insurance benefits that the injured person can obtain if he has worked for the employer for ten years and no longer continues to work include:

1.Disability allowance: If the disability level is level 10, the average monthly salary standard of disability allowance is 2,614 yuan, that is, you can get 2,614 yuan of disability allowance per month.

2.Medical expenses: If there is a disease that needs to be caused by the original work-related injury, you can get reimbursement for the medical expenses.

3.Unemployment allowance: If you are truly unable to perform your original job and are registered as unemployed at the Employment and Unemployment Registration Office, you can receive unemployment allowance.

It should be noted that the specific work-related injury insurance treatment standards and compensation amounts may vary depending on the region and policy, please contact the local work-related injury insurance agency or relevant departments to obtain more accurate information.

Pro, a total of 11 months' wages can be paid for grade 10 work-related injuries, and the first 7 months are a lump sum compensation after the work-related injury case is closed.

After 4 months, you have to leave the company to compensate, and the specific compensation is 4 of my current salary.

The one-time medical subsidy is 1 month's salary of filial piety.

The one-time disability employment allowance is 4 months' salary.

(1) If you continue to work in the unit and do not resign, you will enjoy a one-time disability subsidy according to the "Regulations on Work-related Injury Insurance", and the salary for grade 10 work-related injury is 7 months' salary.

2) If you choose to quit your job, you can enjoy a one-time medical subsidy for work-related injuries and a one-time disability employment subsidy in addition to a one-time disability allowance. The specific amount is set by your local area, and the amount of compensation varies from region to region, so you can call 12333 to consult your local labor department.

This friend's reply is correct, because the one-time disability employment subsidy and one-time work-related injury medical compensation to be paid for the termination of the labor contract Because this section stipulates different standards in different places, you should refer to the local work-related injury compensation standards.

1. One-time disability allowance.

2. If you resign, you can enjoy a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability.

You resign and terminate the labor contract, and then ask the employer for compensation.

Depending on your physical condition, if you can't do it, you will resign.

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

If the appraisal results have taken effect, you can apply to the local labor dispute arbitration commission for arbitration.

If your factory does not give you, you can apply for arbitration in labor arbitration, and if you don't give it, you can directly bring the work-related injury determination decision, disability grade certificate, and arbitration award to the court to sue, and generally win.

Labor law has always been in favor of the disadvantaged, and he can directly go to a lawyer to sue him. As long as the unit is still in operation, it will win.

If an accident occurs at work due to an accident at work, it may be recognized as a work-related injury, and the employee shall apply to the social insurance administrative department for a work-related injury determination, and after the work-related injury is identified, the work-related injury ability appraisal shall be conducted, and the work-related injury insurance benefits shall be enjoyed according to the level of the appraised work-related injury.

Article 17 of the Regulations on Work-related Injury Insurance Article 17 An injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly apply to the labor and social security administrative department of the co-ordinating area where the employer is located for recognition of work-related injury.

Article 20 The administrative department for labor and social security shall, within 60 days from the date of accepting the application for determination of work-related injury, make a decision on the determination of work-related injury, and notify the employee or his immediate family members and the worker's unit in writing of the application for work-related injury determination.

Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.

Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

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: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.