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Do you have a contract for a work injury in **? Whether it's during working hours or not! Has it been recognized as a work-related injury?
In the case of these are all recognized. Workers' compensation is different everywhere! Calculated according to the wages and living standards of various places!
You can also talk to the unit yourself, the higher you can talk, the better! If the boss can't accept your proposal, then you have to solve it through the labor department! Or find a lawyer to fight the lawsuit!
Every level difference is tens of thousands of dollars! Level 9 can reach 90,000 to 120,000 in Shanghai.
The coefficient of the disability level as the compensation standard, that is, the corresponding percentage coefficient from 1 to 10 is 100 to 10, respectively, and the specific calculation method is as follows:
Level 1 disability is the per capita disposable income of urban residents or the per capita net income of rural residents multiplied by 20 years and then multiplied by 100, the level 2 disability multiplied by 90, and so on, multiplied by 20 for grade 9 disability and 10 times for grade 10 disability.
The various compensation items and calculation standards are as follows:
1) Medical expenses Medical expenses include the expenses paid by the parties for the injury and illness, such as the fees, examination fees, surgery fees, medical expenses, hospitalization fees, medical expenses, cosmetic surgery fees and follow-up expenses.
2) Lost time pay Lost time pay is determined according to the lost time and income of the parties.
3) Nursing expenses Nursing expenses are determined based on the income status of the nursing staff, the number of nursing staff, and the duration of nursing care.
4) Transportation expenses are calculated according to the actual expenses incurred by the parties and necessary escorts for medical treatment or hospital transfer**, as well as the relatives of the deceased (no more than three persons) who participated in the handling of the fatal accident.
5) Accommodation expenses The actual accommodation expenses incurred by the parties themselves and their escorts from other places to the city to deal with traffic accidents.
6) Hospitalization meal allowance shall be determined with reference to the standard of business trip meal allowance for general staff of state organs.
7) Nutrition expenses Nutrition expenses refer to the expenses incurred by the parties to purchase nutritional products other than the daily diet in order to assist ** or make the body as soon as possible**. The nutrition fee shall be determined according to the degree of disability of the person concerned, with reference to the opinions of the hospital and the voucher of nutrition expenses.
8) Disability Compensation Disability compensation shall be calculated for 20 years from the date of determination of disability according to the level of disability of the person concerned, in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year published by the local government. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
9) Fees for Assistive Devices for Persons with Disabilities Fees for assistive devices for persons with disabilities shall be calculated in accordance with the reasonable cost standards for commonly applicable devices.
10) Funeral expenses shall be calculated on the basis of the average monthly wage of employees in the previous year, and shall be calculated on the basis of the total amount for six months.
11) Living expenses of dependents According to the degree of the dependent's inability to work, it is calculated according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year published by the local statistical bureau.
12) Death compensation shall be calculated over a period of 20 years according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
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According to the Henan standard, if it is an urban hukou, it will be more than 80,000 yuan, and if it is a rural hukou, it should be compensated about 40,000 yuan.
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Calculation of Grade 9 Work-related Injury Compensation Standard:One-time disability subsidy for grade 9 disability = salary If the labor contract is terminated at the expiration of 9 months, or the employee himself proposes to terminate the labor 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. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
Work-related fatalities treatment standards.
1. Funeral subsidy = 6 months of average monthly salary of employees in the overall area in the previous year.
2. One-time work-related death subsidy = 20 times of the per capita disposable income of urban residents in the previous year.
3. Pension standard for dependent relatives spouse = 40% of the salary of the injured employee before his death, other relatives = 30% of the salary of the injured employee before his death If the disabled employee dies due to a work-related injury during the period of suspension of work with pay, his or her immediate family members shall enjoy the benefits provided for in the first paragraph of this article. Where an employee with a disability of Grade 1 to 4 dies after the expiration of the period of suspension with pay, his immediate family members may enjoy the benefits provided for in the first paragraph of this article.
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Legal analysis: the amount of compensation that should be paid for grade 9 work-related injuries is a one-time disability subsidy + a one-time medical subsidy + a one-time disability employment subsidy + salary during the suspension period + nursing expenses + food allowance during hospitalization, transportation, ** required expenses, etc. Calculation:
One-time disability allowance: 9 months of personal salary. One-time Medicaid:
The average monthly salary of employees in the overall area in the previous year x 14 months of one-time disability employment subsidy: the average monthly salary of employees in the overall area in the previous year x. The one-time medical subsidy and the one-time disability employment subsidy are paid after the termination of the labor contract.
If nursing care is required, the nursing fee will be paid according to the standard r food allowance, transportation, ** expenses during hospitalization, and accommodation expenses should be paid if you seek medical treatment in other places.
Legal basis: Article 37 of the 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 according to the level of disability from work-related injury insurance, 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 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: Medical Expenses: Paid according to the Catalogue of Work-related Injury Insurance Diagnosis and Treatment Items, the Catalogue of Work-related Injury Insurance Drugs, and the Work-related Injury Insurance Hospitalization Service Standards.
Food subsidy: stipulated by the people of the co-ordinating area.
Transportation, accommodation and food expenses: Incurred by the people of the overall area for medical treatment outside the overall area, which shall be stipulated by the people of the overall area.
Fee: must be paid at the medical institution that has signed the service agreement**, according to the work-related injury insurance diagnosis and treatment item list, work-related injury insurance drug list, and work-related injury insurance hospitalization service standard.
Legal basis: Regulations on Work-related Injury Insurance Article 30 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 shall 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 injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, 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 standards for work-related injury insurance hospitalization services shall be formulated 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 and the work-related injury, as well as the certificate issued by the medical institution and the consent of the handling agency, the transportation, accommodation and accommodation expenses required by the injured employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific Huyuan standard for payment shall be stipulated by the people of the co-ordination area.
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Summary. <>
Hello dear! We'll be happy to answer for you. The ninth-grade disability allowance is 9 months' salary.
Personal salary: refers to the average monthly salary of the injured employee in the 12 months before he or she was injured in an accident or suffered from an occupational disease due to 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.
Calculation standard for grade 9 disability compensation.
Hello dear! We'll be happy to answer for you. The ninth-grade disability allowance is 9 months' salary.
Rent and 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 due to work. If my salary is higher than 300% of the average salary of employees in the overall planning area of Qiyuan, 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 the employees in the overall planning area.
Hello dear! We'll be happy to answer for you. 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) Subsidies for in-hospital meals; (3) Mingyuanwan transportation and accommodation expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring disability assistive devices; (5) Those who are unable to take care of themselves and are confirmed by the Labor Ability Appraisal Committee for nursing expenses for living and boring; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees 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 case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.
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. >>>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
The main compensation for the ninth level of work-related injury insurance benefits is: medical expenses, one-time disability allowance (9 months' salary), one-time 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 medical 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), wages for the period of suspension of work with pay (determined according to the notice of labor ability appraisal conclusion), food allowance, nursing expenses, transportation expenses, etc. >>>More
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: >>>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