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The signed labor contract should first be valid and legal on the premise that it does not violate the provisions of the national labor law. The work-related injury compensation regulations of the migrant worker labor contract you signed are obviously inconsistent with the labor law, so it is not legal.
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If the employer pays you work-related injury insurance, the insurance company will compensate you. Bring your labor contract and your salary slips for the past year, and apply for labor arbitration at the Social Security Bureau to claim compensation according to wages. If you do not pay work-related injury insurance, then your employer will pay compensation.
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You can bring the monthly pay slip as evidence to negotiate compensation.
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The local social security payment and treatment are calculated and issued at x yuan, and the average monthly salary in the province is y yuan.
One-time compensation for grade 10 disability = x * 60% * 7 + y * 4 (2 months of medical subsidy for work-related injuries + 2 months of employment compensation for disability).
Taking Ningbo City, Zhejiang Province as an example, a one-time compensation of 37,386 yuan for grade 10 work-related injuries.
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1. If the work-related injury does not constitute disability, the employer can be required to pay your medical expenses, lost wages, transportation expenses and other expenses in accordance with the provisions of the "Regulations on Work-related Injury Insurance".
2. The legal basis is the Regulations on Work-related Injury Insurance
Chapter V Work-related Injury Insurance Benefits.
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 hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury 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**.
Article 31 Where an administrative reconsideration or administrative lawsuit occurs after the social insurance administrative department makes a decision to determine that it is a work-related injury, the payment of medical expenses for the work-related injury shall not be stopped during the period of administrative reconsideration and administrative litigation.
Article 32 Due to the needs of daily life or employment, an injured worker may be fitted with prostheses, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards prescribed by the State.
Article 33 Where 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 wages and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit to which he belongs on a monthly basis.
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[Unrated Work-related Injury Benefits]:
1. Medical expenses: full reimbursement of ** expenses, hospitalization expenses, medical expenses, medicine expenses, and medical travel expenses required for work-related injuries.
2. Hospitalization food subsidy: 70% of the number of days of hospitalization and business trip meal subsidy standard (social security payment) 3. Transportation and accommodation expenses: according to the actual occurrence (social security payment).
4. Suspension of work and salary: the period of suspension of work and salary (subject to the appraisal of the Labor Bureau) (paid by the unit).
5. Nursing fee: the number of days of hospitalization is the standard of local nurses (paid by the unit).
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You first go to the labor bureau to report the work-related injury.
Then when the Labor Bureau does a work-related injury evaluation.
Depending on the results of the appraisal, there will be a place of compensation.
The Labor Bureau has clear regulations on how much.
If the company does not give a local word, it will first go to the labor bureau for arbitration.
If not, appeal directly to the court.
Good luck!!
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1.Work-related injuries are not called lost time pay, but wages during the period of suspension of work. According to Article 33 of the Regulations on Work-related Injury Insurance, 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 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.
2.Generally speaking, the salary for the period of work-related injury suspension should be based on the average salary of the injured employee in the 12 months prior to the injury.
3.But in practice, many units are issued according to the basic salary, regional minimum wage standards, etc. (including what you said by percentage), this practice is illegal, injured workers can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration, to protect your legitimate rights and interests, if you don't understand, you can ask or directly call 12333 to consult the local labor department!
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Grade 10 is entitled to a one-time disability subsidy of 7 months' salary, and a one-time medical subsidy and employment subsidy for work-related injuries when the contract is terminated or terminated.
According to Articles 30, 33, 37, 62 and 64 of the Regulations on Work-related Injury Insurance, employees who are injured at work and are identified as having a Grade 10 disability shall enjoy the following benefits:
1. 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 catalog, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**;
2. The work-related injury insurance** shall pay the hospital meal subsidy according to the standards stipulated by the province or city;
3. Confirmed by the Labor Ability Appraisal Committee, the cost of installing medical equipment shall be paid by the work-related injury insurance** according to the prescribed standard;
4. If the employee suspends work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension and salary, and shall be paid by the unit on a monthly basis;
5. The employer is responsible for the nursing care during the period of hospitalization when you are unable to take care of yourself;
6. Pay a one-time disability subsidy from work-related injury insurance** for 7 months' salary;
7. The labor ability appraisal fee shall be paid by the work-related injury insurance**;
8. If the labor is terminated or terminated, a one-time medical subsidy for work-related injuries shall be paid by the work-related injury insurance** and a one-time employment subsidy for disability shall be paid by the employer in accordance with the standards stipulated by the province, municipality directly under the Central Government and autonomous region.
If the employer does not participate in work-related injury insurance, the employer shall pay all expenses.
Personal wages refer to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases at 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.
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.
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