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Legal analysis: Grade 8 work-related injury compensation has a one-time disability subsidy paid from work-related injury insurance**, of which grade 8 disability is 11 months' salary. If it is an illegal employer, if the employee is disabled in the eighth grade, the compensation base shall be 3 times.
Among them, the average annual wage of employees in the previous year at the place where the compensation base is located. China's regulations on work-related injury insurance clearly stipulate that if a worker is identified as a grade 7 to 10 disability due to work-related disability, he shall enjoy the following benefits: a one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance, 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. Legal basis: Article 37 of the Regulations on Work-related Injury Insurance An employee who is identified as having a disability of Grade 7 to Grade 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 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 the one-time work-related injury medical limb treatment subsidy and the one-time disability employment subsidy shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
Article 37 An employee who is identified as having a disability of Grade 7 to Grade 10 due to work-related disability 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 shall be: 13 months of labor shortage 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.
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Legal analysis: 1. One-time disability allowance = salary x 11 months; 2. One-time medical subsidy for work-related injuries, and eight months' salary for grade 8 disability; 3. One-time employment subsidy for the disabled: 15 months' salary for the eighth grade disability; 4. Other expenses are determined according to the actual situation.
It should be noted that if the labor contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor contract, the employer shall pay the employee a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability based on the average monthly salary of Zhenghong employees in the overall area of the previous year at the time of termination or termination. If the labor or employment contract of an employee with grade 8 disability is terminated or the labor relationship with the employer is terminated in accordance with the law, in addition to the basic pension insurance benefits or death, 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 to terminate the work-related injury insurance relationship.
Legal basis: Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as a Grade 7 to Grade 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:
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 the one-time work-related injury medical subsidy and the one-time disability employment subsidy shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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Legal Analysis: Not necessarily. If an employee is injured in the line of duty, he or she can enjoy work-related injury insurance benefits. The subsidy shall be applied to the social insurance department according to the level of the appraisal of the working ability. Depending on the level of disability, the level of benefit that can be received is different.
Legal basis: Regulations on Work-related Injury Insurance
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 work-related injury insurance drug visual record, and the work-related injury insurance hospitalization service standards 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**.
Article 32 Due to the needs of daily life or employment, an injured worker may be fitted with prostheses, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards prescribed by the State.
Article 33 Where an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for the work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit to which he belongs on a monthly basis. The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months.
After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
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The amount of compensation for work-related injury level 8 should be determined according to different circumstances, and generally speaking, there is a possibility of compensation for this amount. Grade 8 work-related injury benefits:
1. Medical treatment;
2. The treatment of the suspension period with pay is calculated: my salary x the number of months of the suspension period;
3. A one-time disability subsidy is paid by work-related injury insurance**: the standard is 11 months' salary for level 8.
[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 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.
Grade 9 disability is 9 months' salary.
According to the Regulations on Work-related Injury Insurance: >>>More
Hello, thank you, hope! Level 5 and Level 6 disability benefits. >>>More
The main compensation for the eighth-level work-related injury insurance benefits are: medical expenses, one-time disability allowance (11 months' salary), one-time employment subsidy (determined according to the work-related injury regulations of the province where the worker is located, and received when the labor relationship is terminated), one-time medical subsidy (determined according to the work-related injury regulations of the province where the worker is located, and received when the labor relationship is terminated), wages for the period of suspension of work with pay (determined according to the notice of labor ability appraisal conclusion), food allowance, nursing expenses, transportation expenses, etc. - The actual amount of compensation is calculated by looking at your local compensation standard and what your salary is, but if you go to find a lawyer in the legal industry, you can ask carefully, and you can directly learn about the compensation online. >>>More
7 months' salary for grade 10 disability Note: My salary refers to the average monthly salary paid by the injured employee in the 12 months before he or she was injured in an accident or suffered from an occupational disease due to 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. >>>More
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. >>>More