How to calculate the 10th grade disability compensation for less than one year in the company

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.

A one-time disability allowance is 7 months' salary for grade 10 disability.

Disability compensation is calculated for 20 years from the date of determination of disability on the basis of the degree of the victim's inability to work or the level of disability, and according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.

It doesn't matter how many years of work you have, the average income (depending on whether you are rural or urban) 20 years 1 10

If you are injured in the performance of official duties, it is not gross negligence or intentionality, and the company shall compensate for it.

Summary. Legal basis: Article 42 of the Regulations on Work-related Injury Insurance stipulates that an employer shall not terminate a labor contract in accordance with Articles 40 and 41 of this Law if an employee falls under any of the following circumstances:

Suffering from occupational or work-related injuries in the unit and being confirmed to have lost or partially lost the ability to work. Article 37 Employees who are assessed as grade 7 to grade 10 due to work-related injuries shall enjoy the following benefits: (1) A disability subsidy shall be paid from the work-related injury insurance ** according to the level of disability, and the standard is:

Level 7 is 13 months' salary, Level 8 is 11 months' salary, Level 9 is 9 months' salary, and Level 10 is 7 months' salary.

Dear, glad to answer for you! If the employee is dismissed by the company one year after the work-related injury grade 10 disability, the company can ask the company for economic compensation, and the company shall pay compensation to the employee according to twice the economic compensation standard. Severance is paid to the worker according to the number of years of service in the employer, and the standard of one month's salary for each full year is paid to the worker.

Hello, yes, what is the situation.

Now it's a situation of not giving.

Legal basis: Article 42 of the Regulations on the Promotion of Work-related Injury Insurance stipulates that if a worker falls under any of the following circumstances, the employer may terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if he or she does not promote the employee: he suffers from an occupation or is injured at work in the employer and is confirmed to have lost or partially lost his ability to work.

Article 37 Employees who are identified as grade 7 to grade 10 due to work-related injuries shall enjoy the following benefits: (1) A disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard is: 13 months' salary for grade 7, 11 months' salary for grade 8, 9 months' salary for grade 9, and 7 months' salary for grade 10.

The company optimizes the dismissal of employees, and I want to ask about the ten-level work-related injury appraisal last year. The Social Security Bureau has accompanied some of the money if I am dismissed and some of the accompaniment.

There is compensation.

You can ask for this direct company, or you can go to the Social Security Bureau and ask the Social Security Bureau to compensate the company.

Summary. If an employee with a grade 10 work-related injury is dismissed by the company, the company shall pay compensation in accordance with the law, even if he is dismissed after one year, there is compensation According to Article 32 of the Regulations on the Supervision of Labor Security, if an employer violates the provisions of relevant national laws and regulations on labor security and infringes upon the legitimate rights and interests of employees, it shall be liable for compensation. Therefore, if the company dismisses an employee who is injured at work and has a grade 10 disability, it is an act that infringes on the legitimate rights and interests of the employee, and the company shall bear the corresponding liability for compensation.

If an employee with a grade 10 disability is dismissed by the company after a year of work-related injury and a grade 10 disability, the company shall pay compensation in accordance with the law, even if he is dismissed after one year, he will be compensated for the failure According to Article 32 of the Regulations on the Supervision of Labor Security, if an employer violates the provisions of the relevant national laws and regulations on labor security and infringes upon the legitimate rights and interests of the employee, it shall be liable for compensation. Therefore, if the company dismisses an employee who is injured at work and has a grade 10 disability, it is an act that infringes on the legitimate rights and interests of the employee, and the company shall bear the corresponding liability for compensation.

Dear, Hello with Tong, Grade 10 Disability of Work-related Injury He Zhan refers to the situation that the employees of Zen Selling Chong are injured by accidents or occupational diseases due to work, resulting in permanent physical disability of more than 10 grades. Employees with grade 10 work-related injuries are entitled to corresponding social security and welfare benefits, including work-related injury insurance, ** subsidy, living allowance, etc.

Hello dear, if the injured grade 10 skaters do not compensate for the combustion, how can you defend your rights? If you have any questions, you can trust me to ask me questions, and I will answer them for you one by one

Summary. Qinqin is happy to answer for you: there is compensation for being dismissed by the company after one year of work-related injury and grade 10 disability.

The compensation standard for dismissal with grade 10 disability: (1) for legal dismissal, work-related injury compensation of seven months' salary; (2) In case of illegal dismissal, economic compensation and work-related injury compensation of seven months' wages shall be paid in accordance with the provisions of the Labor Contract Law.

Dear is very happy to answer for you: there is compensation for being dismissed by the company after one year of work-related injury and grade 10 disability. Compensation standard for dismissal with grade 10 disability:

1) If the employee is legally dismissed, he shall be paid seven months' salary for the work-related injury compensation of Daxiao; (2) In case of illegal dismissal, the employee shall be paid economic compensation and work-related injury compensation of seven months' salary in accordance with the provisions of the Labor Contract Law.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; (2) Hu Bei who is injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering from an occupational disease during the time and in the workplace during the time when the work pants were destroyed, and (4) suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible while commuting to or from work.

Qinqin: Did you declare work-related injury insurance at that time?

The lump sum disability allowance for grade 10 disability is 7 months' salary. One-time Medicaid and one-time Employment Grant are for 6 months of average wages for the previous year. My salary refers to the average salary of the injured employee in the 12 months before it is known that the injured employee has suffered an accident injury or occupational disease due to work.

If the employee's salary is lower than 60 of the average wage of the previous year in the city at the time of the death sentence of the injured worker, it shall be calculated according to 60 of the average wage of the previous year at the time of the employee's work-related injury. The average salary of the previous year for 6 months is the previous year in which the employment relationship was terminated.

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 injury.

Legal basis. Article 39 of the "Regulations on Work-related Injury Insurance" If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions: (1) The funeral subsidy shall be 6 months of the average monthly wage of employees in the overall area in the previous year; (2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood and were unable to work according to a certain proportion of the employee's own salary.

The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned. The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work.

The specific scope of support for relatives shall be prescribed by the social insurance administrative department; (3) The standard of one-time work-related death subsidy shall be 20 times the per capita disposable income of urban residents in the previous year. Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article. Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

Not necessarily, this provincial standard is different.