How much is the compensation for the 8th grade disability of the 30 year old left foot injury

The determination of work-related injury insurance benefits is related to the personal salary of the injured employee, the local work-related injury insurance policy and the level of disability, and if the specific conditions are unclear, the total amount of compensation cannot be estimated, so it is recommended that the injured call 12333 social security service**, consult the local work-related injury insurance compensation standard, and calculate it by themselves.

According to the 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.

Article 64 The term "total wages" as used in these Regulations refers to the total amount of labor remuneration paid directly by an employer to all employees of the unit.

For the purposes of these Regulations, the term "personal wages" refers to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.

First of all, I will tell you that the level 8 work-related injury is not counted as the cost during the hospitalization, and the work-related injury insurance will pay 10 months' salary. Labor arbitration is the law enforcement unit of the labor department, and the arbitration fee does not need to be paid after May 1, 2008, and now the arbitration fee ranges from 200 to 300

Legal analysis: The eighth level is about between 15 and 250,000 yuan. The standard of compensation is different from province to province, and the compensation received is different.

The main compensation is as follows: medical expenses, one-time disability allowance, one-time disability employment subsidy, one-time medical subsidy for work-related injuries, wages for the period of suspension of work, food allowance, nursing expenses, etc.

Legal basis: "Social Insurance Law of the People's Republic of China" Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring the disability assistive devices;

5) Those who are unable to take care of themselves shall be confirmed by the Labor Ability Appraisal Committee for living care expenses;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

The amount of compensation varies from region to region.

Generally speaking, you can get compensation for medical expenses, if someone needs to take care of you, such as nursing expenses, transportation expenses, accommodation expenses, etc., you can get a lump sum disability compensation for disability alone. The specific amount is 7 months' salary of your average salary for the previous 12 months.

If you terminate your employment contract, you can also receive a one-time employment subsidy and a one-time medical subsidy paid by the company, depending on the province.

Take Henan as an example: If an employee with a work-related injury in grades 5 to 10 dissolves or terminates the employment relationship with the employer in accordance with Articles 34 and 35 of the Regulations, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The standard of one-time medical subsidy for work-related injuries is 6-16 months of the average monthly wage of employees in the overall area in the previous year, including 16 months for level 5, 14 months for level 6, 12 months for level 7, 10 months for level 8, 8 months for level 9, and 6 months for level 10.

The standard of one-time disability employment subsidy is 6-56 months of the average monthly wage of employees in the overall area in the previous year, including 56 months for level 5, 46 months for level 6, 36 months for level 7, 26 months for level 8, 16 months for level 9, and 6 months for level 10.

That is to say, if you are in Henan, you can receive about 12 months' salary, and the average annual salary of on-the-job employees in Zhengzhou urban non-private units in 2011 is 29,837 yuan, that is, you can get 35,804 yuan of disability compensation for the termination of the labor contract. It does not include the compensation for the termination of the employment contract for each year of your employment, and if you work for 10 years, the employer should also pay you another 10 months' salary (the average salary of the previous 12 months).

Li Jingmin of the Legal Service Office of Shifo Town, Zhongyuan District, Zhengzhou City, wishes you happiness and health.

1. How much can be compensated for a grade 10 disability for work-related injuries?

1. Medical expenses, hospital meal subsidies, transportation expenses, wages for suspension of work, and nursing expenses.

2. One-time disability subsidy: 7 months' salary.

3. One-time medical subsidy: 1 month's salary.

4. One-time disability employment subsidy.

II. Workers' Compensation Procedures:

1.Work-related injury reporting procedures.

This procedure is only available if the employer has taken out work-related injury insurance for the employee at the work-related injury insurance institution.

The employer shall, within 15 days from the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease, submit a work-related injury report to the local labor administrative department.

2.Work-related injury determination procedures.

The procedure for the social insurance agency to investigate and determine whether the work-related injury (death) accident is a work-related injury, which is the first step for general work-related injuries. However, if the employer agrees in writing that it is a work-related injury and does not have work-related injury insurance, it may not go through this procedure.

Pay attention to the two times for the determination of work-related injury: if the employer does not file a work-related injury determination, the injured person must apply to the labor department within one year from the date of the accident. After the investigation and determination of the social security agency, the unit and the injured person shall be notified in writing.

3.Work-related injury identification procedures.

Work-related injury appraisal refers to the act of assessing the disability level of an employee who applies for work-related injury appraisal on the basis of his or her work-related injury determination (i.e., after going through the procedure for determining the completion of the injury) after the completion of his or her medical treatment or the expiration of the medical treatment period. In a broad sense, the appraisal of work-related injuries includes the appraisal of working ability and the appraisal of disability level. In the narrow sense, work-related injury identification refers to the identification of the level of disability.

4.Negotiate compensation procedures.

After the work-related injury is appraised, the amount of compensation can be calculated according to the appraisal standard. If the unit has taken out work-related injury insurance, the national work-related injury insurance agency will directly issue work-related injury insurance benefits according to the standards. If they are not insured (especially at the work-related injury insurance institution), they will negotiate with the employer to settle the matter according to the standards.

5.Labor Arbitration Proceedings.

If the dispute cannot be resolved through negotiation with the employer, the arbitration procedure may be initiated in accordance with the labor arbitration regulations.

6.Court proceedings.

Those who are dissatisfied with labor arbitration may file a lawsuit with the court for resolution. Those who are dissatisfied with the judgment of the court of first instance may appeal to the court of second instance in accordance with law.

7.Execution of the program.

If the employer fails to pay the compensation fee after the arbitration or judgment takes effect, it may file an application for enforcement with the court enforcement bureau in accordance with the effective legal documents, and the court will enforce it.

8.Grievance procedure.

Those who are not satisfied with the effective judgment may apply for the initiation of retrial procedures, but this is generally difficult.

Legal analysis: The eighth level is about between 15 and 250,000 yuan. The standard of compensation is different from province to province, and the compensation received is different.

The main compensation is: medical expenses, one-time disability subsidy, one-time disability employment subsidy, one-time work-related injury medical subsidy, salary during the suspension period, food and nursing expenses, etc.

Legal basis: "Social Insurance Law of the People's Republic of China" Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the death allowance for the work-related death received by the surviving family members;

9) Labor ability appraisal fee.

Level 8 is about between 15 and 250,000 yuan. The standard of compensation is different from province to province, and the compensation received is different. The main compensation is:

Medical expenses, one-time disability allowance, one-time disability employment subsidy, one-time medical subsidy for work-related injuries, wages during the period of leave of absence, food allowance, nursing expenses, etc.

Legal basis] Article 38 of the Full Text of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations: (1) Medical expenses and expenses for work-related injuries; 2) Hospitalization meal subsidy; 3) Transportation and accommodation expenses for medical treatment outside the overall planning area; 4) The cost of installing and configuring assistive devices for the disabled; (5) If they are unable to take care of themselves, Fu Chun shall have the living care expenses confirmed by the Labor Ability Appraisal Committee; 6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4; (7) When terminating or dissolving the labor contract, the one-time medical supplement shall be enjoyed; 8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members; (9) Appraisal fees for labor loss.

Legal analysis: The eighth level is about between 15 and 250,000 yuan. The standard of compensation is different from province to province, and the compensation received is different.

The main compensation is: medical expenses, one-time disability allowance, one-time disability employment subsidy, one-time medical subsidy for work-related injuries, wages for the period of leave of absence, food allowance, nursing expenses, etc.

Legal basis: "Social Insurance Law of the People's Republic of China" Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) ** medical expenses and ** expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) To pay room and board fees for medical treatment outside the co-ordination area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.