How to compensate for Grade 9 disability, how to compensate for Grade 9 disability

This case is a criminal case, and the other party has committed the crime of intentional injury. First of all, it depends on whether the local public security organ has filed a case, and if the other party is held criminally responsible, then you can file an attached civil lawsuit to demand compensation for losses, including medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal subsidies, nutrition expenses, disability compensation, and possibly living expenses for dependents, but there is no solatium for mental damages.

If the local public security organ does not prosecute, then you can sue in an ordinary civil case and claim compensation, including medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal subsidies, nutrition expenses, disability compensation, mental injury solace, living expenses for dependents, etc. As for the specific amount, it is not possible to give a specific amount of compensation because the standards vary from place to place.

Among them, the medical expenses are determined according to the receipt vouchers for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates.

Lost time pay is determined based on the victim's lost time and income. The lost time is calculated to the day before the determination of disability.

The nursing fee is determined based on the income status of the nursing staff, the number of nursing staff, and the duration of nursing care. Whether or not a nursing staff is needed is determined by the opinion of the hospital.

The transportation expenses are calculated according to the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer**, and shall be subject to the official receipt.

The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs.

The nutrition fee is determined according to the victim's disability and with reference to the opinions of the medical institution.

Disability compensation shall be calculated for 20 years and multiplied by 20% according to the per capita net income of rural residents or the per capita disposable income of urban residents in the previous year.

The regulations for moral injury solatium vary from place to place, and you can claim that it is more appropriate to pay less than 30,000 yuan. The exact amount needs to be determined according to factors such as the standard of living in each locality.

For dependents, it is not possible to determine whether there is such a compensation because the information you provide is incomplete.

I suggest you read the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

Lost time pay: Determined based on the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received.

Nursing expenses: If the nursing staff has income, it shall be calculated with reference to the provisions on lost work expenses.

Transportation expenses: Calculated based on the actual expenses incurred by the victim and his/her necessary escorts for medical treatment.

Hospitalization food expenses: can be determined with reference to the business trip meal subsidy standard for general staff of local state organs.

Disability Assistive Device Fee: Calculated according to the reasonable cost standard of ordinary applicable devices.

Living expenses of dependents: Calculated according to the degree of the dependent's inability to work, according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. If the dependant is a minor, it is counted up to 18 years of age; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted.

However, if the age is 60 years old, it will be reduced by one year for each additional year, and if the person is over 75 years old, it will be calculated as five years.

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 from the work-related injury insurance** according to the level of disability, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;

2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Article 36 Employees injured at work who are injured at work and whose need is confirmed to be in need shall enjoy the work-related injury benefits provided for in Articles 29, 30 and 31 of these Regulations.

Grade 9 disability is 9 months of personal wages, and 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.

Article 37 of the Regulations on Work-related Injury Insurance stipulates that 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 treatment:

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.

Depending on the nature of the accident, the disability appraisal agency that needs to be conducted is also different, and the calculation method of the compensation amount is also different. If it is a work-related injury as follows: work-related injury grade 9 disability, you can apply for a one-time disability subsidy in the work-related injury benefit after the results of the labor ability appraisal are available.

When the employment relationship with the employer is terminated, you can receive a one-time employment subsidy and a one-time medical subsidy.

The law is based on the spineArticle 234 of the Criminal Law.

Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

Grade 9 Compensation Standard for Disabled Friends: (1) A one-time disability subsidy will be paid from the work-related injury insurance** according to the level of disability, and the standard is 9 months' salary; (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 disability employment subsidy. ”

1. Medical expenses.

Medical expenses are reimbursed, including medical expenses during hospitalization, during training, and during work-related injuries.

1. Employees who are injured at work should seek medical treatment in the medical institution that has signed the service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

2. If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance.

2. Hospitalization meal subsidy, transportation, accommodation and food expenses.

1. Hospitalization meal subsidy = local standard (yuan) number of days of hospitalization;

2. If the medical institution issues a certificate and reports to the handling agency for approval to seek medical treatment outside the overall planning area, it can request to pay transportation and limb expenses, food and lodging fees;

Transportation expenses are regulated according to local standards;

Room and board fee = local standard (yuan) Number of people per day.

3. Legal basis: Article 30 of the Regulations on Work-related Injury Insurance.

3. Assistive device fees.

1. Due to the needs of daily life or employment, the injured employee can be fitted with prostheses, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee;

2. The cost of assistive devices shall refer to the allocation items and cost limit standards of assistive devices for local work-related injured employees;

Fourth, the salary of the suspension period.

1. Salary during the suspension period = the original salary and benefits of the employee.

2. The determination of the length of the period of suspension with pay shall be determined by referring to the classification catalogue of the local period of suspension with pay or made by the Labor Ability Appraisal Committee, and the departments and procedures determined shall be in accordance with local regulations.

3. The period of suspension of work with pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it shall be confirmed by the labor ability appraisal committee of the city divided into districts.

5. Nursing expenses during the period of suspension of work.

1. 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.

2. For the standard of nursing expenses, please refer to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases or the provisions of the regulations on work-related injury insurance implemented by various provinces and municipalities.

6. One-time disability allowance.

1. For grade 9 disability, the one-time disability subsidy is 9 months' salary.

2. My salary refers to the average monthly salary paid by the injured employee in the 12 months before he 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.

7. One-time medical subsidy for work-related injuries and one-time employment subsidy for disability.

1. Grade 9 disability can enjoy a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability;

2. The specific standards refer to the specific provisions of the regulations and measures for the implementation of work-related injury insurance in various provinces and cities.