How much can be compensated for a grade 5 disability work related injury?

Updated on society 2024-05-03
3 answers
  1. Anonymous users2024-02-08

    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).

    The fifth-level compensation items for work-related injuries include: medical expenses, one-time disability allowance (18 months' salary), one-time work-related injury medical subsidy (24 months local average salary), one-time disability employment subsidy (40 months local average salary), salary for work stoppage, hospitalization nursing expenses, living care expenses, assistive devices (prosthetics, prosthetic eyes, wheelchairs, etc.), transportation expenses, hospital meal subsidies, labor ability appraisal fees, etc.

    Legal basis: Article 36 of the Regulations on Work-related Injury Insurance If an employee is identified as a Grade 5 or Grade 6 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: 18 months' salary for grade 5 disability and 16 months' salary for grade 6 disability;

    2) Retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, the standard is: 70% of the salary for the fifth grade disability and 60% of the salary for the sixth grade disability, and the employer shall pay all the social insurance premiums due to the employee in accordance with the regulations.

    If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.

    Upon the request of the injured employee, the employee may 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 injury, 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.

  2. Anonymous users2024-02-07

    My brother left the means of four fingers to sign is a fifth-level disability summary of how much to lose.

  3. Anonymous users2024-02-06

    Legal Analysis: One-time Disability Benefit.

    1. Level 5 disability allowance = 18 months' salary.

    2. Level 6 disability allowance = 16 months of salary.

    Disability allowance. 1. Level 5 disability allowance = 70% of my salary

    2. Level 6 disability allowance = 60% of my salary

    Note: Employees injured at work who are difficult to arrange work shall be paid disability allowance by the employer on a monthly basis, and if the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference).

    The law is based on the 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 the provisions of the State:

    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 work-related death allowance received by the surviving family members;

    9) Labor ability appraisal fee.

    Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

    1) Wages and benefits during the work-related injury;

    2) The monthly disability allowance for employees with disabilities at level 5 and level 6;

    3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

    Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

    The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

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Different places, different salary standards, you can't do this.