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According to the Regulations on Work-related Injury Insurance, which came into force on January 1, 2004, if the employer fails to submit an application for work-related injury recognition to the labor and social security administrative department of the coordinating area within 30 days (except for special circumstances), he/she or his/her immediate family members or trade union organization may directly apply to the labor and social security department of the co-ordinating area where the employer is located within one year from the date of the accident injury.
Compensation items include medical expenses, hospital meal subsidies, transportation expenses, room and board expenses, one-time disability subsidies, etc. During the period of suspension of work and salary, the salary and benefits of employees remain unchanged and are paid by the unit on a monthly basis. 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.
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If you have a fixed income in Suzhou, you will be compensated according to your fixed income. Those who have worked and lived in Suzhou for a long time and have a certificate will be compensated according to the per capita income of Jiangsu. If not, you will be compensated according to the per capita income of the place where your household registration is located.
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Hangzhou lawyer Zhang:
You can choose to file a lawsuit in the relevant district court in Suzhou or the basic court such as the place of the other driver's household registration and the domicile of the vehicle owner, and the specific choice depends on which court has the highest compensation standard; If you have lived in Suzhou for more than one year (with definite evidence), you can sue for compensation according to the higher standard in Jiangsu Province to see if the standard is higher than that of the place where the court is located.
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Local. It's not your employer that loses your money, you're already at home on vacation, and it's not a work-related injury.
The person who caused you a grade 10 disability is responsible for compensation.
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Summary. Hello, happy to answer your <>
Grade 10 disability compensation standard: medical expenses, hospital meal allowance, transportation expenses, suspension of work salary, nursing expenses. A one-time disability subsidy shall be paid by the work-related injury insurance** according to the level of disability, and the salary of the person with grade 10 disability shall be 7 months' salary, and if the labor or employment contract is terminated upon expiration, or the employee himself or herself shall propose to terminate the labor or employment contract, 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.
1. One-time disability subsidy, the compensation standard is 7 months' salary for grade 10 disability; 2. One-time medical subsidy for work-related injuries, the average monthly wage of employees in grade 10 for 3 months; 3. One-time disability employment subsidy, and the average monthly salary of employees in grade 10 for 3 months.
Grade 10 disability compensation standard
Hello, happy to answer your <>
Grade 10 disability compensation standard: medical expenses, hospital meal allowance, transportation expenses, suspension of work salary, nursing expenses. A one-time disability subsidy shall be paid by the work-related injury insurance** according to the level of disability, and the salary of the person with grade 10 disability shall be 7 months' salary, and if the labor or employment contract is terminated upon expiration, or the employee himself or herself shall propose to terminate the labor or employment contract, 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.
1. One-time laughing scum disability subsidy, the compensation standard is 7 months' salary for grade 10 disability; 2. Xunlun one-time medical subsidy for work-related injuries, the average monthly salary of employees for 3 months at level 10; 3. Yifeng Chang Quiet Disability Employment Subsidy, the average monthly salary of employees in grade 10 for 3 months.
Legal basis: Article 30 of the Regulations on Work-related Injury Insurance stipulates that 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 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.
**If the expenses required for work-related injury meet the standards of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization services, 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**.
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If the employee is identified as a work-related injury level 10, he or she can enjoy a one-time disability subsidy paid from the work-related injury insurance** according to the disability level, and the 10th grade disability is 7 months' salary; If the labor relationship is terminated, 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.
Legal basis: Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as having a disability of grade 7 to 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 base Shenmin Yingkuancong Fund 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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1. One-time disability subsidy: the compensation standard is: 7 months' salary for grade 10 disability, but the maximum is 121653 yuan and the minimum is yuan; 2. One-time medical subsidy for work-related injuries:
Based on the average monthly wage of employees in Beijing in the previous year, that is, in 2013, it is calculated and paid for 3 months at the tenth level, that is, 17,379 yuan. 3. One-time disability employment subsidy: based on the average monthly wage of employees in Beijing in the previous year, that is, in 2013, and 3 months for level 10, that is, 17,379 yuan.
The sum of the above three items: the minimum compensation is yuan, and the maximum compensation is 156411 yuan. In 2021, the content of the 10th grade disability compensation for traffic accidents in Beijing is as follows:
1. Disability compensation for urban residents = per capita disposable income of urban (Beijing) residents in the previous year 20 years Disability compensation index, medical expenses compensation amount = diagnosis and treatment expenses + medical expenses + hospitalization expenses + other medical expenses 3, inpatient meal subsidy compensation amount = (local standard) yuan 4, nutrition compensation amount = determined according to the disability situation with reference to the opinions of medical institutions 5, compensation amount for lost work expenses = victim's fixed income (days, months, years) lost work time or (average salary of on-the-job employees in the previous year (urban) 365 days) The number of days of lost work is 6, and the amount of compensation for escort expenses = the original income of the escort Escort time or the remuneration standard of the same level of caregiver Escort time 7, and the amount of compensation for transportation expenses = the actual transportation expenses incurred (with the ticket).
[The law is based on the rolling basis].Article 17 of the Regulations on Work-related Injury Insurance: 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 Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence 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 region.
In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department. If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee, his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date on which the employee is diagnosed or appraised as an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located. According to the provisions of the first paragraph of this article, the provincial-level social insurance administrative department shall handle the work-related injury determination by the social insurance administrative department at the districted city level where the employer is located in accordance with the principle of territoriality.
If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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