Grade 9 disability, when the labor contract has not been terminated, the issue of subsidy

During the performance of the labor contract, the injured employee can only receive a one-time disability subsidy, and the one-time medical subsidy and employment subsidy for work-related injuries can only be obtained when the labor relationship is terminated.

According to the Regulations on Work-related Injury Insurance and the Implementation Measures of Shanghai Municipality for Work-related Injury Insurance, the one-time disability subsidy for employees with grade 9 disability injuries is 9 months' salary (the average salary in the 12 months before the injury may also be calculated according to the salary paid in the previous year); The one-time medical subsidy for work-related injuries and the one-time employment subsidy were respectively 6 months of the city's average salary in the previous year, for a total of 12 months.

The specific application can generally be handled by the unit or in person, and it is recommended to consult the local social security bureau.

Attached: "Shanghai Municipal Measures for the Implementation of Work-related Injury Insurance".

Article 41 (Disability Grade 7 to 10 Treatment).

If a work-related injury is identified as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits:

1) Pay a one-time disability allowance from work-related injury insurance**. in the case of Grade 7 disability, it shall be 13 months' salary of the injured worker; 11 months for grade 8 disability; Grade 9 disability, 9 months; 7 months for grade 10 disability.

2) If the labor contract is terminated upon expiration, or the injured person himself proposes to terminate the labor 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. For those with grade 7 disabilities, they are respectively 12 months of the average monthly wages of employees in the city in the previous year; for grade 8 disability, 9 months each; Grade 9 disability, 6 months each; For grade 10 disability, 3 months each.

If the injured employee himself or herself proposes to terminate the labor relationship with the employer, and the termination of the labor relationship is less than 5 years before the statutory retirement age, the one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability shall be reduced by 20% for each year of shortage, except for the circumstances provided for in Article 38 of the Labor Contract Law of the People's Republic of China.

Where the labor relationship is terminated due to the retirement or death of a work-injured person, he shall not enjoy the benefits provided for in Item 2 of the first paragraph of this Article.

Hello, the one-time disability subsidy can be obtained after the work-related injury identification, and the one-time disability medical subsidy and the one-time disability employment subsidy are claimed after the employee and the employer terminate the labor contract.

Hello dear<> if you are rated as a grade 9 disability due to work-related injury, if you do not terminate the labor contract, you can first reimburse the medical expenses and get a disability subsidy of 9 months' salary.

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 medical subsidy for work-related injuries, and the employer shall pay a disability employment subsidy.

The legal basis is as follows:

Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits:

1) From the work-related injury insurance** according to the level of disability to pay a disability subsidy, 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 medical subsidy for work-related injuries once, and the employer shall pay a disability employment subsidy.

The specific standards for a medical subsidy for work-related injuries and a subsidy for employment with a disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Summary. Hello, if the employer has paid social security and does not terminate the labor contract due to grade 9 work-related injury, the employer will compensate for the nursing expenses during the hospitalization period and the salary for the period of suspension of work.

The labor contract will not be terminated for grade 9 work-related injuries, and the employer needs to pay compensation.

Hello, if the employer has paid social security and does not terminate the labor contract due to grade 9 work-related injury, the employer will compensate for the nursing expenses during the hospitalization period and the salary for the period of suspension of work.

The lump sum disability benefit is paid to you by workers' compensation insurance**.

If the base amount of work-related injury insurance paid by the employer to you is lower than your actual salary, the one-time disability subsidy paid by the work-related injury insurance** of the Human Resources and Social Security Bureau will be lower than the one-time disability subsidy calculated according to your own pure salary.

Legal basis: Article 33 of the Regulations on Work-related Injury Insurance If 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 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 employer 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 Qiye Appraisal Committee for Labor Ability at the districted city level, but the extension must 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 former employee of the work-related injury fluid still needs to be ** after the expiration of the period of suspension of work and salary, he or she shall continue to enjoy the medical treatment of the 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.

Summary. Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

The labor contract will not be terminated for grade 9 work-related injuries, and the employer needs to pay compensation.

Hello dear and happy to answer your <>

If the labor contract is not terminated for grade 9 work-related injury, the employer needs to pay the following one-time disability subsidy: 7 months of my monthly salary. Employment Benefit for Work Injuries:

The average wage of the province is February. Medical precursor treatment subsidy: this pants regret stupid provincial social average salary February.

Salary during the period of suspension of work: ** time My monthly salary. <>

Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

According to Article 42 (2) of the Labor Contract Law of the People's Republic of China, the employer shall not terminate the contract unless the employee has the statutory fault in Article 39 (2) to (6). If the injured employee is legally at fault, the employer shall terminate the contract legally and without severance payment.

If there is no statutory fault, the termination of the contract is unlawful, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation twice the severance payment.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The principles of legality, fairness, equality, voluntariness, consensus, and good faith shall be followed in the conclusion of labor agreement. The labor contract concluded in accordance with the law is binding, and the employer and the source worker shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. 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.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Hello How much can you pay if you do not terminate the labor contract for a grade 9 disability, 1. One-time disability subsidy. Grade 9 disability is 9 months' salary; 2. One-time medical subsidy for work-related injuries. Grade 9 disability is 6 months, and the average monthly salary of employees in the overall area in the previous year is 6 months; 3. One-time disability employment subsidy.

Grade 9 disability is 10 months of the average monthly salary of employees in the overall area in the previous year; 4. Suspension of work and salary expenses. 12 months is the longest period for the work-injured employee to take a break after suffering a primary injury to different parts of the body, and the specific period of suspension with pay shall be determined within the prescribed period by the medical certificate (or occupational disease diagnosis and occupational disease identification certificate) issued by the medical institution according to the work-related injury agreement; 5. Labor ability appraisal fee * yuan (combined with the actual situation); 6. The hospital meal subsidy is subject to the local standard. Among them, the one-time disability employment subsidy and the cost of suspension of work with pay shall be paid by the employer, and other expenses shall be paid by the work-related injury insurance**.