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Hello, you need to apply for a professional appraisal agency to conduct disability level identification, and then analyze and calculate according to the disability level and specific data and other specific circumstances.
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Of course, you can include the cost of your next surgery and ask the company for a lump sum compensation. The items of compensation include: medical expenses, lost work expenses, nutrition expenses, food expenses, disability allowances, etc.
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 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. 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.
Article 34 Where an injured worker has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of daily care, he or she shall be paid a monthly living care allowance from the work-related injury insurance. The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year. 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:
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1. What are the 9-level compensation standards for work-related injuries?
1. The compensation standards for work-related injuries level 9 are as follows:
1) One-time disability subsidy, 9 months' salary for grade 9 disability;
2) One-time medical subsidy for work-related injuries, 2 months' salary for grade 9 disability;
3) One-time disability employment subsidy, 8 months' salary for grade 9 disability.
2. 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 from the work-related injury insurance** according to the level of disability, 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.
2. What is the procedure for determining work-related injuries?
The procedures for determining work-related injuries are as follows:
1. Application. If the employer does not submit an application, the worker shall submit an application for work-related injury recognition within one year, and the corresponding materials shall be prepared for the application for work-related injury determination;
2. Investigation. After accepting the application, the labor and social security department shall investigate and verify the accident injury;
3. Identification. Generally, the determination will be made within 60 days.
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Summary. Work-related injury identification process: Step 1:
The employer shall submit an application for work-related injury determination within 30 days, and the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period. Step 2: The social insurance administrative department shall review whether the materials are complete within 15 days, and if they are complete, they will accept the application and make a determination of work-related injury.
Step 3: If the work-related injury is not satisfied or accepted, an administrative reconsideration or administrative lawsuit may be filed. Submissions:
1. A copy of the labor or employment contract or other supporting materials for the existence of labor relations (including de facto labor relations) and personnel relations with the employer; 2. Post-injury diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis appraisal) issued by a medical institution. Injured workers.
If the work-related injury is a grade 9 disability, is the work-related injury grade 8?
If the work-related injury is grade 9, the work-related injury is not grade 8.
Disability level 9, work-related injury is also recognized level 9.
The work-related injury appraisal shall prevail, not the injury appraisal.
Work-related injury determination process: Step 1: The employer submits an application for work-related injury recognition within 30 days, and the employer shall bear the work-related injury benefits and other related expenses incurred during this period.
Step 2: The social insurance administrative department will review whether the materials are complete within 15 days, and if so, accept the application and make a determination of work-related injury. Step 3:
If the work-related injury determination is not satisfied or accepted, an administrative reconsideration or administrative lawsuit may be filed for the dismantling. Materials to be submitted: 1. A copy of the labor and employment contract or other proof of the existence of labor relationship (including labor relationship and personnel relationship) with the employer; 2. Post-injury diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis appraisal) issued by a medical institution.
Injured workers.
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The two penalties can be identified as a grade 10 work-related injury, and then combined into a grade 9 disability based on the principle of work-related injury promotion.
According to the "Disability Rating of Work-related Injuries and Occupational Diseases of Labor Ability Appraisal" GB T 16180-2014
Promotion principle. Promotion principle. For patients with multiple injuries to the same organ or system, or injuries to different parts of more than one organ at the same time, the degree of individual disability should be assessed first. If several disability levels are different, the severity is graded; If two or more levels are the same, a maximum of one level will be promoted.
Management of pre-existing disabilities and comorbidities.
In the process of labor ability appraisal, if there are complications after work-related injury or occupational disease, the disability level shall be assessed accordingly.
The actual disabling outcome at the time of identification is based.
If there is a history of pre-existing disability or disease of the organ damaged by the work-related injury, i.e., single or double organ (e.g., eyes, limbs, kidneys) or system injury, the appraisal should be checked to see whether the injury aggravates the pre-existing disability, and if the pre-existing disability is aggravated, the appraisal shall be based on the disability of the facts; If the injury is less severe than the original disability, the evaluation will be based on the disabling outcome of the injury.
The treatment of the original dust residual disability is applicable to the initial or re-appraisal, and the re-examination and appraisal does not apply to these rules.
Level 10. Grading principles.
Partial organ defect, abnormal morphology, no dysfunction, no medical dependence or general medical dependence, no self-care disorder.
2) Facial scarring, skin grafting, foreign body pigmentation or loss of pigmentation >> 2cm2;
12) Those who have no dysfunction or mild dysfunction after healing of chain and balance fractures of various parts of the body;
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Summary. Hello, dear, glad to answer for you. Work-related injuries are a grade 9 and a grade 10 disability, and the compensation for disability compensation is related to the age of the injured person and the household registration, if the same person is identified as grade 9 and grade 10 respectively, the disability compensation coefficient is 21.
The final disability compensation is then determined based on the above factors. <>
Hello, dear, glad to answer for you. If the same person is identified as a grade 9 or 10 level disability, the compensation for disability compensation is related to the age of the injured person and the household registration, if the same person is identified as a grade 9 or 10, the disability compensation coefficient is 21. However, based on the above factors, the final anti-stupid disability compensation will be determined.
Pro, Gen Shengsui determines the final disability compensation according to the above factors of the sail laughing chain. If the person is not over 60 years old, the amount of disability compensation shall be calculated as follows: 20 years from the date of determination of disability based on the per capita disposable income of urban areas or net income of rural areas in the overall area of the previous year; Multiply by the disability compensation factor.
Grade 9 disability is 9 months' salary for grandchildren, and 7 months' salary for grade 10 disability.
1.According to the relevant provisions of the Regulations on Work-related Injury Insurance, if the employer has paid the work-related injury insurance normally, the one-time disability subsidy shall be borne by the work-related injury insurance**, and the injured employee must report the relevant materials to the local work-related injury insurance administrative department, such as the work-related injury determination decision, the labor ability appraisal conclusion, the copy of the ID card, the relevant medical certificate, etc., which shall be allocated by the work-related injury insurance** according to the regulations. >>>More
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Grade 9 work-related injury benefits mainly include: medical expenses, one-time disability subsidy (9 months' salary), one-time disability 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 work-related injury medical subsidy (determined according to the work-related injury regulations of the province where the employee 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 subsidy, nursing expenses, transportation expenses, etc. >>>More
If a worker is injured and is assessed as having a disability level, the compensation for the period of disability and the one-time disability employment subsidy shall be paid together with the one-time disability subsidy, and the one-time disability subsidy shall be borne by the social security department if the employer has paid social security for him. >>>More