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According to the Regulations on Work-related Injury Insurance, the standard for work-related injury compensation for Level 8 is:
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.
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Work-related injury level 8] "Regulations on Work-related Injury Insurance"; Employees who are identified as Grade 8 disabled due to work-related disability shall enjoy the following benefits:
1) A one-time disability allowance from work-related injury insurance** is paid for 10 months' salary;
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 in accordance with the standards prescribed by each province, autonomous region or municipality directly under the Central Government.
My salary refers to the average monthly salary of the injured employee in the 12 months before the accident injury, and the salary standard shall not be less than 60 of the average salary of local employees.
Article 23 of the Regulations for the Implementation of the Labor Contract Law stipulates that if an employer terminates the labor contract of an injured employee in accordance with the law, it shall, in addition to paying economic compensation in accordance with Article 47 of the Labor Contract Law, also pay a one-time medical subsidy for work-related injuries and a disability employment subsidy in accordance with the relevant national regulations on work-related injury insurance.
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Compensation varies from place to place. Compensation is related to many factors, such as age, usual salary, etc.
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Work-related injury level 8] "Regulations on Work-related Injury Insurance"; Employees who are identified as Grade 8 disabled due to work-related disability shall enjoy the following benefits:
1) A one-time disability allowance from work-related injury insurance** is paid for 10 months' salary;
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 pure subsidy for medical replenishment of work-related injuries and a reserve fund for disability employment subsidy in accordance with the standards prescribed by each province, autonomous region or municipality directly under the Central Government.
My salary refers to the average monthly salary of the injured employee in the 12 months before the accident injury, and the salary standard shall not be less than 60 of the average salary of local employees.
Article 23 of the Regulations for the Implementation of the Labor Contract Law stipulates that if an employer terminates the labor contract of an injured employee in accordance with the law, it shall, in addition to paying economic compensation in accordance with Article 47 of the Labor Contract Law, also pay a one-time medical subsidy for work-related injuries and a year-on-year employment subsidy for the disabled in accordance with the relevant provisions of the State on work-related injury insurance.
Standards vary from place to place, so it's best to ask.
Your local lawyer.
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Work-related injury insurance in social insurance is not the same as personal accident insurance in insurance companies. The employer should also pay your work-related injury insurance benefits in accordance with the Regulations on Work-related Injury Insurance.
The Social Insurance Law stipulates that employers shall pay work-related injury insurance for their employees. If an employee suffers a work-related accident and the employer fails to pay work-related injury insurance in accordance with the law, the employer shall pay all the expenses.
Work-related injury insurance has nothing to do with the personal accident insurance of the insurance company, and even if the insurance company has paid the compensation, the employer should pay the compensation of the work-related injury insurance.
The items to be compensated are as follows:
1.Medical expenses shall be paid by work-related injury insurance**, and if the employer does not apply for work-related injury insurance, the employer shall pay the full amount;
2.During the period of suspension of work and salary (** period, ** period), the salary shall be paid according to the original treatment (need to be appraised by the Labor Ability Appraisal Committee);
3.During the period of suspension of work with pay, if you guess that you need care, the unit will be responsible; Those who do not need care will no longer be paid.
4.During hospitalization, food subsidies and transportation expenses are issued according to local standards, which vary slightly from place to place;
5.Workers' compensation: (provided that the disability level is assessed by the Labor Ability Appraisal Committee).
1) Those who continue to perform the labor contract shall enjoy a one-time disability subsidy in accordance with the provisions of the Regulations on Work-related Injury Insurance. For example, a grade 8 work-related injury is 11 months' salary.
2) If the labor contract is dissolved or terminated, you can also enjoy a one-time medical subsidy for the former injury of the employee and a one-time employment subsidy for the disabled. The specific amount is set locally, and the amount of compensation varies from region to region, so you can consult the local labor and social security administrative department.
Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
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Legal analysis: The buyer and the seller cannot charge fees for the voluntary termination of the contract, and can request the client to pay the necessary expenses for engaging in intermediary activities in accordance with the agreement. The formation of a contract is a legal condition for the payment of intermediary remuneration.
The intermediary obligation is limited to reporting the contracting opportunity or providing the contracting medium service and facilitating the conclusion of the contract.
Legal basis: Civil Code of the People's Republic of China
Article 963:Where an intermediary facilitates the conclusion of a contract, the client shall pay remuneration as agreed. Where there is no agreement on the remuneration of the intermediary or the agreement is not clear, and it cannot be determined in accordance with the provisions of article 510 of this Law, it is to be reasonably determined on the basis of the intermediary's labor services. Where the conclusion of a contract is facilitated by the intermediary providing intermediary services for the conclusion of the contract, the parties to the contract shall bear the intermediary's remuneration equally.
If the intermediary facilitates the conclusion of the contract, the intermediary shall bear the costs of the intermediary activities.
Article 964:Where intermediaries fail to facilitate the conclusion of a contract, they must not request payment of remuneration; However, the client may be requested to pay the necessary expenses incurred for engaging in intermediary activities in accordance with the agreement.
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Legal analysis: 1. A one-time disability subsidy paid by work-related injury insurance** is 11 months' salary; 2. When the contract is dissolved or terminated, according to the standards stipulated by the province, or municipality directly under the Central Government or autonomous region, the work-related injury insurance shall pay a one-time medical subsidy for splitting work-related injuries, and the unit shall pay a one-time employment subsidy. If the employer does not participate in work-related injury insurance, the above expenses shall be paid by the unit.
Legal basis: Article 37 of the "Regulations on Work-related Injury Insurance" If an employee is identified as a grade 7 to 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 the work-related injury insurance, and the standard shall be as follows:
13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability; (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 employment subsidy for disability. 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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Legal analysis: The eight main compensation items for work-related injuries are as follows: (1) medical expenses; (2) One-time disability allowance for 11 months' salary; (3) A one-time employment subsidy, which shall be determined according to the work-related injury insurance regulations of the province where the worker is located, and shall be received when the labor relationship is terminated; (4) One-time medical subsidy, which shall be determined according to the work-related injury insurance regulations of the province where the worker is located, and shall be received when the labor relationship is terminated; (5) The salary during the period of suspension of work with pay shall be determined according to the notice of the conclusion of the labor ability appraisal; (6) Food subsidy, nursing fee, transportation fee, etc.
Legal basis: Regulations on Work-related Injury Insurance》 Article 37 If an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she 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' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability; (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. The specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies shall be determined by the people of provinces, autonomous regions, and municipalities under the jurisdiction of the province.
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There are three types of compensation for assessed disability: a lump sum disability allowance, a lump sum disability reemployment benefit, and a lump sum medical allowance.
If the employment contract is terminated with the employer, the employee can receive a one-time disability reemployment allowance and a one-time medical subsidy, but if the employment contract is not terminated, he will not receive it. The compensation for the three items shall be based on the "Regulations on Work-related Injury Insurance" of the place where you are injured at work, or the rubber residue shall be related to the average social security basic salary paid by you in the previous 12 months of the previous year. The average salary of the 12-month flat shirt, the Social Security Bureau compensates you for the basic salary of 12 average social security contributions in the previous year, not your actual income salary!
If your monthly income is 5,000, but the basic salary of the employer to buy social security for you is 2,000, then the compensation will be based on 2,000 per month and multiplied by the number of months of your disability level. So it's not good to be accurate with this data. However, you can claim that the compensation base of the lump sum disability reemployment payment is calculated according to your actual wage income.
The compensation standards stipulated in the "Regulations on Work-related Injury Insurance" issued by various provinces, autonomous regions and municipalities directly under the Central Government vary greatly, some are calculated based on your average income in the previous year for 12 months, and some directly list which level and how much money.
The following is an example of the eighth-level disability compensation standard stipulated in the Regulations on Work-related Injury Insurance of Guangdong Province:
One-time disability allowance: 11 months' salary.
One-time disability reemployment payment: 15 months' salary will be compensated.
One-time medical subsidy: 4 months' salary.
The eighth-level disability compensation standard stipulated in the "Regulations on Work-related Injury Insurance" of Jiangsu Province:
The benchmark standard for a one-time medical subsidy for work-related injuries is: 80,000 yuan for level 8.
The benchmark standard for a one-time disability employment subsidy is: 8 levels of 10,000 yuan.
The lump sum disability benefit is not specified. (It should be seven months' salary).
The people of cities divided into districts can determine the standard of one-time medical subsidy for work-related injuries and one-time employment subsidy for disability according to the level of local economic development and the living standards of residents, and report to the provincial social insurance administrative department for the record.
Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
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