The issue of a lump sum medical benefit for work related injuries and a lump sum disability employme

Twenty years ago, there was no "Regulations on Work-related Injury Insurance" at that time, and all localities had formulated relevant systems in their own regions, which can be referred to. At that time, your mother only determined that she was disabled due to work, and did not conduct an appraisal of the level of disability, so whether she can be compensated in accordance with the provisions of the "Regulations on Work-related Injury Insurance" depends on the connection of your local system. In addition, since January 1, 2011, the amended Regulations on Work-related Injury Insurance stipulate that the one-time work-related injury medical subsidy is paid by the work-related injury insurance** rather than the employer.

Employees who participate in work-related injury insurance).

In addition, the two one-time subsidies are calculated and paid in Zhejiang Province based on the average monthly wages of on-the-job employees in the province in the previous year when the labor relationship is terminated or suspended, and I am not very clear about other provinces. After the bankruptcy of the enterprise in 2008, whether the original on-the-job employees were deemed to have suspended or terminated the labor relationship had to go to the department that participated in the bankruptcy liquidation or restructuring at that time to find out the situation. It is also important to understand that your province will pay two lump sum grants, which will vary from province to province.

Personally, I think that it is good for employers or local authorities to be willing to settle the two one-time subsidies, because the "Regulations on Work-related Injury Insurance" does not have retroactive effect, and it does not have legal effect on work-related injuries that occurred before the regulations were promulgated.

Please refer to the Regulations on Work-related Injury Insurance and the implementing regulations formulated by various provinces, municipalities and autonomous regions, and the format varies greatly (mainly in terms of compensation standards).

You have asked a few times, the law is the law, and the second paragraph of Article 64 of the "Regulations on Work-related Injury Insurance" stipulates that the term "personal salary" in these regulations refers to the average monthly salary paid by the injured employee in the 12 months prior to the accident injury or occupational disease due to work.

Article 67: These Regulations take effect on January 1, 2011. Before the implementation of these Regulations, if an employee who has been injured in an accident or suffers from an occupational disease has not completed the determination of work-related injury, it shall be implemented in accordance with the provisions of these Regulations.

Look for this regulation and your province's implementation methods.

How to get a lump sum medical subsidy for work-related injuries and a lump sum for employment with a disability The one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability need to be a grade 5-10 disability, and after the expiration of the work-related injury medical treatment, compensation can be obtained after the termination of the labor contract, as follows: Article 36 of the "Regulations on Work-related Injury Insurance" If an employee is identified as a grade 5 or 6 disability due to work-related disability, he or she shall enjoy the following benefits:

Upon the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, 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. 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:

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. That's all I have summarized for you, I hope you understand.

1. Grade 10 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 measures for the implementation of the "Regulations on Work-related Injury Insurance" in various provinces and cities. 3. The legal basis is Article 37 of the Regulations on Work-related Injury Insurance. If the unit pays work-related injury insurance, it shall be paid by work-related injury insurance**.

The one-time medical subsidy for work-related injuries in items 1, 2, 3, 6 and 7 shall be paid by the unit.

A one-time disability benefit in items 4, 5 and 7. If the employer fails to pay work-related injury insurance premiums, it shall pay all seven work-related injury insurance benefits mentioned above. 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. Level 10 Disability Compensation:

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 shall be multiplied by 20 years and then multiplied by 10 percent. Medical expensesMedical expenses are reimbursed, including medical expenses during hospitalization, training, and work-related injuries. Employees who are injured at work should 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.

In daily life, there is a certain proportion requirement for the payment of work-related injury compensation, and the premise of such a ratio, one of the main prerequisites for its basis, is the identification of a legal disability level made before, and if there is no such level appraisal, there may be great difficulties.

Summary. 1. One-time medical subsidy.

If an employee is identified as having a Grade 5 to Grade 10 disability due to work-related disability, the employee shall pay a one-time medical subsidy by the work-related injury insurance after the employee dissolves or terminates the labor relationship with the employer. In accordance with the provisions of the current Regulations on Work-related Injury Insurance, the one-time medical subsidy shall be paid by the employer where the injured employee is employed, and this Law includes the one-time medical subsidy in the payment scope of work-related injury insurance**, which further reduces the burden on the employer and increases the attractiveness of the work-related injury insurance system to the employer.

2. One-time disability employment subsidy.

If an employee is identified as having a Grade 5 or Grade 6 disability due to work-related disability, the employee may terminate or terminate the labor relationship with the employer upon the request of the injured employee, and the employer shall pay a one-time disability employment subsidy; If an employee is assessed as having a grade 7 to 10 disability due to work-related disability, the labor contract shall be terminated upon expiration, or if the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time employment subsidy for disability. According to the provisions of the "Liaoning Provincial Measures for the Implementation of Work-related Injury Insurance", the one-time disability employment subsidy is calculated according to the monthly salary of the injured employee himself, and shall not be lower than the monthly minimum wage standard of the city, of which the fifth level is 28 months, the sixth level is 24 months, the seventh level is 20 months, and the eighth level is 16 months.

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

1. One-time medical subsidyIf the employee is identified as a grade 5 to 10 disability due to work-related disability, the employee shall pay a one-time medical subsidy by the work-related injury insurance after the employee and the employer terminate or terminate the labor relationship. In accordance with the provisions of the current Regulations on Work-related Injury Insurance, the one-time medical subsidy shall be paid by the employer where the injured employee is employed, and this Law includes the one-time medical subsidy in the payment scope of work-related injury insurance**, which further reduces the burden on the employer and increases the attractiveness of the work-related injury insurance system to the employer. 2. One-time Disability Employment SubsidyIf an employee is identified as a Grade 5 or Grade 6 disability due to work-related disability, the employee may terminate or terminate the labor relationship with the employer upon the request of the injured employee, and the employer shall pay a one-time disability employment subsidy; If an employee is identified as having a disability of Grade 7 to 10 due to work-related disability, the labor contract shall be terminated upon expiration, or if the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time disability employment subsidy.

According to the provisions of the "Liaoning Provincial Measures for the Implementation of Work-related Injury Insurance", the one-time disability employment subsidy is calculated according to the monthly salary of the injured employee himself, and shall not be lower than the monthly minimum wage standard of the city, of which the fifth level is 28 months, the sixth level is 24 months, the seventh level is 20 months, and the eighth level is 16 months.

Wishing you a happy <>