How much can migrant workers be compensated for grade 10 disability? Hurry

It is necessary to conduct a labor ability appraisal to determine the disability level, the suspension period, and the nursing level after the first end and the condition is basically stable, and then comprehensively calculate according to the average salary of the injured employee before the work-related injury, whether the labor relationship is terminated, etc.

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.

Article 64 The term "total wages" as used in these Regulations refers to the total amount of labor remuneration paid directly by an employer to all employees of the unit.

For the purposes of these Regulations, the term "personal wages" refers to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by 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.

Legal Analysis: Compensation for Level 10 Work-related Injuries:

1. Medical expenses, hospital meal subsidies, transportation expenses, wages for suspension of work, and nursing expenses. 2. One-time disability subsidy: 7 months' salary.

3. One-time medical subsidy: 1 month's salary. 4. One-time disability employment subsidy:

4 months' salary 4 monthsIn addition, if the employer has not purchased social security for the employee, all the above compensation will be borne by the employer, and if the wage standard of the employer purchasing social security for the employee is lower than the actual wage, the difference will be made up by the unit.

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 subsidies (3) Transportation and accommodation expenses for medical treatment outside the overall planning area (4) Expenses required for the installation and configuration of disability assistive devices (5) Living care expenses confirmed by the Labor Ability Appraisal Committee for those who cannot take care of themselves (6) One-time disability subsidies and monthly disability allowances received by disabled employees of grades 1 to 4 (7) One-time medical subsidies that should be enjoyed when the labor contract is terminated or terminated (8) Death due to work, Funeral allowances, pensions for dependent relatives and work-related death allowances received by their surviving family members (9) Labor ability appraisal fees.

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 period of work-related injury (2) Disability allowance received by employees with grade 5 and grade 6 disabilities on a monthly basis (3) A one-time disability employment subsidy that should 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 social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

Legal analysis: Those who are recognized as disabled level 10 can receive a one-time disability subsidy, the standard is 7 months' salary, and a one-time disability employment subsidy, the specific standard is stipulated by the people of the province, autonomous region and municipality directly under the Central Government. Taking Shandong Province as an example, the one-time disability employment subsidy that can be received for grade 10 disability is 8 months' salary.

Legal basis: Article 37 of the Work-related Injury Insurance Law 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 disability, and the standard is as follows:

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; 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 the one-time work-related injury medical family treatment subsidy and the one-time disability employment subsidy shall be stipulated by the people of the provinces, autonomous regions and municipalities directly under the Central Government.