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Anonymous users2024-02-08If the person responsible for the accident (i.e. the person responsible for compensation) can provide a guarantee, it can be paid in installments. However, the amount and duration of compensation may change.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (2003).
Article 33: Where a person obligated to make compensation requests payment of disability compensation, living expenses for dependents, or expenses for disability assistive devices in the form of regular payments, they shall provide corresponding guarantees. The people's court may determine the payment of relevant expenses in the form of a fixed payment on the basis of the compensation obligor's ability to pay and the provision of guarantees. However, expenses already incurred before the conclusion of the first-instance court's debate, compensation for death, and solatium for mental injury shall be paid in a lump sum.
Article 34: The people's courts shall clarify in the legal documents the time and method of payment of fixed payments, as well as the standard for each period. Where there is a change in the relevant statistical data during the enforcement period, the amount of the payment shall be adjusted accordingly in a timely manner.
The fixed payment shall be paid according to the actual life period of the person entitled to compensation, and shall not be subject to the limitation of the compensation period in this interpretation.
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Anonymous users2024-02-07Legal analysis: The one-time disability subsidy is paid by the work-related injury insurance**, and the employer pays the one-time disability employment subsidy.
Legal basis: Article 37 of the Regulations on Work-related Injury Insurance An employee who is identified as having a disability of Grade 7 to Grade 10 due to work-related disability shall enjoy the following benefits:
1) Shenxiao pays a one-time disability subsidy 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 work-related injury medical allowance and travel allowance, 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 stipulated by the people of provinces, towns, autonomous regions and municipalities directly under the Central Government.
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Anonymous users2024-02-06The one-time disability allowance is paid by the work-related injury insurance**, and the employer pays the one-time disability employment subsidy.
1. What compensation can be obtained after the assessment of the work-related injury level?
The following compensation is available:
1.A lump sum disability benefit is paid from workers' compensation insurance** according to the level of disability.
2.Disability allowance is paid on a monthly basis from workers' compensation insurance**.
3.Those who terminate the labor relationship can obtain a one-time medical subsidy for work-related injuries paid by work-related injury insurance**, and a one-time disability employment subsidy paid by the employer.
2. How much is the compensation for grade 10 disability for work-related injuries in Shanghai?
For the tenth grade of work-related injury, a one-time disability subsidy will be paid from the work-related injury insurance**, which is 7 months' salary of the injured person. If the labor contract is terminated upon expiration, or the injured person himself proposes to terminate the labor 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, and 3 months for grade 10 disability.
3. How to calculate the compensation standard for work-related injury level 9 disability.
According to the relevant laws and regulations, the ninth-grade Punkaibi disability is 9 months' salary, and the work-related injury insurance** pays a one-time disability subsidy according to the disability level, and the labor and employment contract is terminated at the expiration of the term, or the employee himself proposes to terminate the labor and employment contract, the work-related injury insurance** shall pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy.
Article 37 of the Regulations on Work-related Injury Insurance Article 37 An employee who is 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.
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Anonymous users2024-02-05After the work-related injury employee completes the disability level appraisal, the appraisal agency will generally complete the review within 15 working days, and take out the identification of the cracking and clearing fruit, and the employee can report to the work-related injury medical insurance institution where the social security is located to receive the one-time disability compensation, and the work-related injury medical insurance institution will complete the tabulation, reporting, and approval procedures of the one-time disability compensation within 7 working days after receiving complete and complete information, and then submit the payment report to the financial department of the social security center for payment. The money will be paid to the employer's account, but with the name (the injured employee of the company) and proof of payment. The company then pays the employee himself.
Employees should be able to get the money within a month. A lump sum disability benefit is paid by Social Security's work-related injury insurance**. Calculated according to the level of work-related injury and disability, for example, the standard of grade 10 is 7 months' personal salary, where the personal salary is the average monthly salary of the 12 months before the injury, and if the personal salary is higher than 300% of the average salary of employees in the overall planning area, it is calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is less than 60% of the average salary of the employees in the overall planning area, it shall be calculated according to 60% of the average salary of the employees in the area before the overall planning.
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Anonymous users2024-02-04Yes. With Alipay as follows.
2. Enter the city service interface, you can see the icon of social security at this time, and choose to click "Social Security Collapse".
3. Enter the social security interface and select Click"Natural persons pay the social premiums of the group"。
4. If your own Alipay account has been paid, please click directly"OK", if you are paying for someone else, please tick it"Whether to pay or not", and enter the payer's last name and ID number (mobile phone number is recommended), check the correct and click"OK"。
5. There are two options in this interface, you can choose to check "Basic Medical Insurance for Urban and Rural Residents" and click OK.
6. The next step is to enter the payment page, check and click to pay.
7. Click "Pay Now". The deduction is successful, and the payment process is completed.
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Anonymous users2024-02-03You will be given a disability benefit based on your actual contribution base.
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Anonymous users2024-02-02Lump sum disability benefit? The one-time disability subsidy shall be subsidized according to the level of disability, and the disability level shall be divided into ten levels, with the subsidy for the most powerful compensation at the first level, and the least subsidy for the lightest disability at the level of ten disability, and the disability subsidy shall also be compensated according to the per capita income of each locality.
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Anonymous users2024-02-01One-time disability allowance, the specific amount depends on how much your insurance amount is, and the insurance company will make a statement for you.
Article 35 Where an employee is identified as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits: >>>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
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. >>>More
Included in the current expenses.
For the one-time medical subsidy for work-related injuries and the employment subsidy for the disabled, when the disabled employee in grades 5 to 10 dissolves or terminates the employment relationship with the employer, the employer shall pay the one-time medical subsidy for work-related injury and the employment subsidy for the disabled. According to Article 6 of the Accounting Standards for Business Enterprises No. 9 - Employee Remuneration, the compensation given by an enterprise when it terminates the employment relationship with an employee before the expiration of the labor contract shall be included in the current expenses. >>>More
a one-time disability benefit; one-time medical benefits for work-related injuries; Disability Employment Grant. There is a difference between the three, the disability subsidy is the compensation for the injury to reach the level, and the other two are still working in the unit, and in the future, the unit will also bear the relevant expenses due to the old injury of the work-related part, and it will be considered employment if it is still in the post. In the event of termination of the labor relationship, the latter two pensions will be paid by the employer, and there are certain differences in the implementation of work-related injury insurance regulations in different provinces, some are calculated according to the salary of the employee, and some places are calculated according to the average salary of the employee in the previous year, and the number of months of payment stipulated by various localities is also different.