The judicial appraisal found that I had a grade 10 disability and no contract for work related injur

Judicial appraisal does not have legal effect, and it is recommended to apply for work-related injury identification and labor ability appraisal, and claim work-related injury insurance benefits according to the appraisal conclusion.

The determination of work-related injury is an administrative confirmation by the social insurance administrative department in accordance with the authorization of the law whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury, and is a prerequisite for an employee to enjoy work-related injury insurance benefits after suffering an accident injury and to obtain relief through legal means in the event of a dispute.

Labor ability appraisal is the basis and prerequisite for the labor appraisal agency to comprehensively assess the degree of disability and loss of working ability of the injured employee according to the national appraisal standards and the methods and means of relevant policies and medical science and technology after the worker is injured due to work.

If a worker is injured in a work-related accident, he or she shall first apply to the Human Resources and Social Security Bureau for a work-related injury determination, and the employer shall apply within 30 days of the accident. Trade unions, injured workers, or their close relatives submit an application for recognition within one year. To apply for work-related injury determination, you shall fill in the "Application Form for Work-related Injury Determination" and submit:

Proof of employment relationship with the employer, medical diagnosis certificate, etc.

The appraisal bodies for work-related injuries are prescribed by the state, and the appraisal conclusions of the judicial appraisal bodies have no legal effect. If there is a disability that affects the ability to work after the work-related injury is determined and the injury is relatively stable, an application shall be submitted to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level). To apply for labor ability appraisal, you should fill in the "Application Form for Labor Ability Appraisal" and submit:

1. The original and photocopy of the Decision on Determination of Work-related Injury;

2. Valid diagnosis certificates, examination and inspection reports and other complete medical record materials copied or reproduced in accordance with the relevant regulations of medical record management of medical institutions;

3. The original and photocopy of the worker's resident ID card or social security card and other valid identity certificates;

4. Other materials specified by the Labor Ability Appraisal Committee.

According to the appraisal conclusion, the work-related injury insurance benefits were asserted. Depending on the level of disability, the compensation received is different. The main compensation is:

Medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, hospital meal allowance, nursing expenses, disability allowance, etc.

In the event of a dispute with the employer over work-related injury insurance benefits, it is a labor dispute, and the employer applies to the labor dispute arbitration commission at the place where the employer is located or the place where the labor contract is performed for labor dispute arbitration, and the award takes legal effect after the arbitration award, and the employer fails to perform its obligations under the award and applies to the people's court for enforcement.

If the employee does not have an employment contract or other evidence proving the existence of an employment relationship and is unable to apply for a determination of work-related injury, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

Grade 10 disability can receive a one-time disability subsidy paid by social security, which is 7 months' salary. Wages are calculated on average wages.

When terminating the employment relationship with the enterprise, you can also receive a one-time employment subsidy, which will be paid by the enterprise. One-time Medicaid. The one-time Medicaid and one-time employment grant are calculated in accordance with local regulations.

Taking Zhejiang Province as an example, the one-time employment subsidy for grade 10 disability is 2 months' average salary of employees in the province, and the one-time medical subsidy is 2 months' average salary of employees in the province.

Regulations: 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.

Summary. Dear, glad to answer for you! <>

The compensation standards for those who have not signed a labor contract at the tenth level of work-related injury and disability appraisal are as follows: disability subsidy, disability employment subsidy, and work-related injury medical subsidy. The medical subsidy for work-related injuries and the disability employment subsidy are provided by the employer's insurance, which is generally compensated in the case of termination of the employee's contract, and shall be issued in accordance with the standards specified in the specific local documents.

The disability allowance is calculated based on the 10th grade disability standard for work-related injuries and is calculated based on 7 months' salary.

How to calculate the compensation if there is no labor contract signed for the 10th grade of work-related injury and disability appraisal?

Hello, in.

Dear, glad to answer for you! <>

The compensation standards for the 10th grade of work-related injury and disability appraisal without signing a labor contract are as follows: disability subsidy, disability employment subsidy and work-related injury medical subsidy. The medical subsidy for work-related injuries and the disability employment subsidy are provided by the employer's insurance, and the hand-prepared allowance is generally compensated in the case of termination of the employee's contract, and shall be issued in accordance with the standards specified in the local specific documents.

The disability allowance is calculated based on the 10-level disability standard of work-related injuries and is calculated based on 7 months' salary.

What is the attitude of the company?

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China establishes a labor relationship, and a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Is it convenient for voice communication? This gives you a better idea of what your current company's attitude is and whether you are willing to pay out. Vertical lead early, and then there is a little bit of advice to know your situation.

Now I haven't signed a contract, and it's a ten-level work-related injury, so I want you to help calculate it, and the salary is 5,000 months.

In this case, even if there is no contract, it will be based on the compensation standard for grade 10 disability.

You upgrade a service, I'll help you.

The medical benefit for work-related injuries is not calculated on a 9-month basis. Yes.

Summary. Dear, glad to answer for you! Grade 10 work-related injuries that occur without signing a labor contract are also compensated according to work-related injuries, and the compensation standards for grade 10 disability are: 1. My seven-month salary or stipulated by the people of the province, autonomous region or municipality directly under the Central Government; 2. Employees who are identified as grade 10 disabled due to work-related disability shall enjoy the following benefits:

1) A one-time disability allowance is paid according to the level of disability from work-related injury insurance**; (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 injury, and the employer shall pay a one-time disability employment subsidy.

How to calculate the compensation if there is no labor contract signed for the 10th grade of work-related injury and disability appraisal?

Dear, glad to answer for you! Grade 10 work-related injuries that occur without signing a labor contract are also compensated according to work-related injuries, and the compensation standards for grade 10 disability are: 1. My seven-month salary or stipulated by the people of the province, autonomous region or municipality directly under the Central Government; 2. If an employee is identified as a 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 disability level; (2) If the labor or employment contract expires and the source limb is terminated, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time work-related injury medical supplement and extremity subsidy, and the employer shall pay a one-time disability employment subsidy.

Legal basis: "Regulations on Work-related Injury Insurance" Article 33 The injured employee stops working, ** during the work-related injury period, including the hospitalization period and the period of recuperation after discharge, which is called the period of suspension of work and salary, according to the salary and benefits during the normal working period before the accident injury, and the filial piety and relatives shall be paid by the unit on a monthly basis. The period of suspension with pay for an injured employee shall be determined by the employer in accordance with the Classification Catalogue of the Suspension Period for Employees Injured at Work with Pay issued by the personnel department and health department of the province or city where the employee is located.

If the period of suspension with pay exceeds 12 months, and if there is a dispute, it shall be confirmed by the Labor Ability Appraisal Committee of the city divided into districts.

How to calculate the compensation if there is no labor contract signed for the 10th grade of work-related injury and disability appraisal?

The main standards for work-related injury compensation that can be applied for labor arbitration or filed a lawsuit with the court are: medical expenses, hospital meal allowance, transportation expenses, accommodation expenses, assistive device expenses, wage compensation expenses during the suspension period, one-time disability allowance, and disability allowance. The level of disability is divided into levels 1 to 10 according to the severity, and different compensation amounts are given according to the degree of disability.

Employees who are injured at work should 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. Legal basis: "Regulations of the People's Republic of China 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 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 employee's hospitalization and work-related injury, as well as the transportation, accommodation and transportation expenses required for the injured 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**.

Summary. Kiss <>

For grade 10 disability, the difference between judicial appraisal and work-related injury appraisal is about 5%, and the work-related injury appraisal will be higher.

Grade 10 disability, how much is the difference between judicial appraisal and work-related injury appraisal?

For work-related injuries, the company should do judicial appraisal, and how much difference is the loss between judicial appraisal and work-related injury appraisal.

I don't have evidence of labor relationship, how can I determine the labor relationship, I don't have a contract, a work permit, and work clothes.

I had a work injury after 5 days.

Kiss <>

For grade 10 disability, the difference between judicial appraisal and work-related injury appraisal is about 5%, and the work-related injury appraisal will be higher.

Dear, do you have proof of payroll?

Are the two compensation items the same?

Not. The compensation items are not the same.

How long have you been doing this?

1.Submit a copy of the work-related injury confirmation letter or a work-related injury appraisal power of attorney issued by the work-related injury identification agency; 2. Fill in and submit a large copy of the "Appraisal Form for Employees' Loss of Ability to Work due to Work-related Injuries", affix one inch **, and affix the official seal of the employer; 3.Submit a copy of the clinical physical examination and diagnosis form for the medical termination of the injured employee filled in by the doctor of the designated hospital, and attach various examination reports from the hospital; 4.

A copy of all medical records, medical examination reports, diagnosis certificates and other materials, and a copy of ID card; 5.For patients with occupational diseases, the occupational disease diagnosis conclusion issued by the occupational disease diagnosis team of the Municipal Center for Disease Control shall be provided; 6.For those with physical disability such as limb disability and burns, a four-inch color photo of the disabled part should be submitted; 7. The original and photocopy of the worker's resident ID card or social security card, imitation rubber and other valid identity certificates.

Broadly speaking, you currently need to do a work-related injury appraisal first, and then have a WeChat chat Zhaopeng key record These can also be used as evidence, which is a case of compensation with the chain, but there is a certain degree of difficulty.

You can contact me after you have done your work injury evaluation.

If the work-related injury appraisal is less than 10 grades, it does not constitute a disability level, but only enjoys the benefits of work-related injury medical treatment and a period of suspension of work. If an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months.

Article 25 of the Regulations on Work-related Injury Insurance stipulates that after receiving an application for labor ability appraisal, the Labor Ability Appraisal Committee of a city divided into districts shall, after receiving an application for labor ability appraisal, shall randomly select 3 or 5 relevant experts from the database of medical and health experts established by it to form an expert group, and the expert group shall put forward an appraisal opinion. The labor ability appraisal committee of the city divided into districts shall make the conclusion of the appraisal of the labor ability of the injured employee on the basis of the appraisal opinions of the expert group; When necessary, a qualified medical institution may be entrusted to assist in the diagnosis. The labor ability appraisal committee at the districted city level shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days.

The conclusion of the appraisal of the ability to work on the draft shall be promptly sent to the unit or individual applying for the appraisal.