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1. For Grade 9 disability due to work-related injury, you can apply for a one-time disability subsidy in the work-related injury treatment after the results of the labor ability appraisal come out. When the employment relationship with the employer is terminated, you can receive a one-time employment subsidy and a one-time medical subsidy.
2. Amount: The one-time disability subsidy for grade 9 disability is 9 months' salary, and the salary is calculated according to the average salary of the previous 12 months. The amount of the one-time Medicaid and one-time employment grant is calculated based on local regulations.
Take Zhejiang Province as an example: the one-time employment subsidy for grade 9 disability is 4 months' average monthly wage of on-the-job workers in the province; The one-time medical subsidy is the average monthly wage of on-the-job employees in the province for 4 months.
3. Legal basis: 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.
Zhejiang Provincial Implementation Rules for Work-related Injury Insurance
5. Measures for the treatment of work-related injuries for employees with work-related injuries in grades 5 to 10. Employees with grade 5 and grade 6 work-related injuries may, upon written request from the employer, 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 injuries (including the cost of assistive devices, the same below), and the employer shall pay a one-time disability employment subsidy.
If the labor or employment contract is terminated upon the expiration of the employee's employment contract or the employee's written request to terminate the labor or employment contract shall be paid by the work-related injury insurance** and the employer shall pay a one-time disability employment subsidy.
The standard of one-time medical subsidy for work-related injuries is: 30 months for level 5, 25 months for level 6, 10 months for level 7, 7 months for level 8, 4 months for level 9, and 2 months for level 10. The standard of the one-time disability employment grant is:
30 months for Level 5, 25 months for Level 6, 10 months for Level 7, 7 months for Level 8, 4 months for Level 9, and 2 months for Level 10.
The one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability shall be calculated and paid according to the average monthly wage of on-the-job employees in the province in the previous year when the labor relationship (labor, employment contract) is dissolved or terminated. If the work-related injury determination is completed before January 1, 2011 in accordance with the provisions of work-related injury insurance laws and policies, and the labor relationship is terminated or terminated after January 1, 2011, the one-time work-related injury medical subsidy shall be paid by the work-related injury insurance**.
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In accordance with the provisions of the national "Regulations on Work-related Injury Insurance".
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 according to the level of disability from work-related injury insurance, 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 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.
Jiangsu Province Measures for the Implementation of the Regulations on Work-related Injury Insurance stipulate as follows:
1. If an employee is identified as having a Grade 5 to 10 disability due to work-related disability, the standard of one-time medical subsidy for work-related injury and employment subsidy for disability paid by the employer when the labor relationship with the employer is terminated or terminated in accordance with the provisions of the "Regulations" is:
a.One-time medical benefit for work-related injuries. According to the difference between the average life expectancy of the local population and the age at the time of termination or termination of labor relations published by the statistical department last time, the average salary of local employees shall be paid for each full year of grade 5; Level 6 shall be paid the average salary of local employees for each full year; Level 7 shall be paid one month's average salary for local employees for each full year; Grade 8, the average salary of local employees will be paid for each full year; for grade 9, the average salary of local employees will be paid for each full year; For the tenth grade, the average salary of local employees will be paid for each full year.
if it is less than one year, it shall be calculated as one year. For employees injured with occupational diseases, the one-time medical subsidy for work-related injuries will be increased by 40% on the basis of the above standards.
b.One-time Disability Employment Grant. Based on the average salary of local employees, a one-time disability employment subsidy of 1 to 36 months will be issued according to the level of disability and the age at the time of termination or termination of labor relations
Unit: Month Age Level Under 20 years old 20-30 years old 30-40 years old 40-50 years old 50-55 years old 55-60 years old Level 5 36 30 24 18 12 6 Level 6 30 25 20 15 10 5 Level 7 24 20 16 12 8 4 Level 8 18 15 12 9 6 3 Level 9 12 10 8 6 4 2 Level 10 6 5 4 3 2 1 Note: 20-30 years old including 20 years old, Not including 30 years old, and so on.
c.The average wage of local employees, which is used as the basis for calculating and issuing the one-time medical subsidy for work-related injuries and the disability employment subsidy, is the average wage of local employees in the previous year at the time of termination or termination of labor relations.
After the injured employee receives a one-time medical subsidy for work-related injuries and a disability employment subsidy, the work-related injury insurance relationship is terminated.
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It is not recommended to terminate the labor contract after the work-related injury**, if the factory forcibly terminates, in addition to paying the work-related injury claim, it is also necessary to pay double economic compensation. If you have any needs or consultations, you can contact, **: 15002001786 (Guangdong Legal Shengbang Law Firm Bian lawyer, office address:
31st Floor, Tower 1, Taikoo Hui, No. 385 Tianhe Road, Tianhe District, Guangzhou).
Answer, support me.
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1. How much can be compensated for work-related injury level 9 1. Work-related injury level 9 can generally compensate for expenses ranging from thousands to hundreds of thousands of yuan, and the specific compensation is related to the medical expenses, nursing expenses and other expenses incurred by the employee because of the work-related injury. Employees who are injured at work and are identified as having a Grade 9 disability shall enjoy the following benefits:
1) A one-time disability allowance is paid by work-related injury insurance** for 9 months' salary.
2) If I propose to terminate the contract or terminate the labor contract upon expiration, 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 and terminate the work-related injury insurance relationship in accordance with the standards stipulated by the province, municipality or autonomous region where the employer is located.
2. Legal basis: Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease. 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 or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of 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.
Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled 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.
2. What materials are required to apply for labor ability appraisal?
1. Notice of work-related injury determination issued by the labor administrative department;
2. Appraisal form of work-related disability grade;
A copy of the applicant's ID card;
3. Medical records;
4. Disease diagnosis certificate and other related materials. Submit an application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts in a timely manner.
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Grade 9 work-related injury can get the following compensation: one-time disability allowance is 9 months' salary; The wages and benefits during the suspension period shall be paid by the unit as usual; and the one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability that the employee himself or herself proposes to terminate the contract shall be paid according to the standards stipulated by the province.
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 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 of personal 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 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.
1. The specific standards for 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.
1. Medical treatment: reimbursement of medical expenses, hospital meal subsidy by work-related injury insurance** according to the local standard (if it is Qingdao, 20 yuan per day), need to care, if the unit is not out of the care, the unit needs to pay the nursing fee according to the local standard. >>>More
1. If the two parties negotiate and settle the matter, they can request the employer to pay the work-related injury benefits after negotiation, and then they can get it quickly; >>>More
Due to different medical expenses, different individual salary levels, and different local average wage levels, the final compensation amount is different. According to my experience, taking Hefei, Anhui Province as an example, the fifth-level disability of work-related injuries is estimated to be 70-1 million yuan (excluding medical expenses). >>>More
Work-related injury: one-time disability allowance, 9 months' salary for grade 9 disability. >>>More
Grade 9 work-related injury benefits mainly include: medical expenses, one-time disability subsidy (9 months' salary), one-time disability employment subsidy (determined according to the work-related injury regulations of the province where the worker is located, and received when the labor relationship is terminated), one-time work-related injury medical subsidy (determined according to the work-related injury regulations of the province where the employee is located, and received when the labor relationship is terminated), wages for the period of suspension of work with pay (determined according to the notice of labor ability appraisal conclusion), food subsidy, nursing expenses, transportation expenses, etc. >>>More