I had a work related accident in September 2010 and was assessed as a Grade 5 disability of 10

You can get a one-time medical subsidy of 44 months of the average salary of employees in the previous year, a disability employment subsidy of 22 months in Hebei Province and an average salary of employees in the previous year, and a disability subsidy of 18 months of your own salary in Hebei Province

Disability compensation at the minimum wage is unreasonable, and you can claim to work in the same industry.

The specific calculation method should be asked to the local labor department or trade union, and you can directly call ** for consultation.

If you are an intern of a college student, do you still have an employment relationship with the employer? If you sign a probationary contract with the factory, then the employment relationship exists, and the compensation for work-related injuries is not premised on whether or not to pay insurance, as long as there is an employment relationship (including a de facto labor relationship) between the two parties, then the employer needs to pay the corresponding compensation unconditionally in the event of a work-related accident.

In addition, there are three main one-time calculations of the amount of work-related injury compensation, one of which is paid by work-related injury insurance**, and the calculation base is your own salary; The other two one-time ones should be seen according to the regulations of each province, municipality and autonomous region, as far as Jiangsu is concerned, it is based on the wage standard of employees in the overall area at the city level where you work, which is still considerable, in Jiangsu.

Compensation shall be made on the basis of the wages due.

1. The payment of wages during the period of work-related injury shall be confirmed in accordance with the administrative measures for the period of suspension of work and pay for employees injured at work in this province, and the wages payable shall be calculated according to the period of suspension with pay.

2. If an employee is disabled at grade 6, he or she shall be entitled to medical expenses, food subsidies, necessary accommodation and transportation expenses, one-time disability subsidies, one-time medical subsidies for work-related injuries and one-time employment subsidies for disabilities (the specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disabilities shall be stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government).

3. It is recommended not to terminate the labor relationship.

Hello: Is it from Henan Province? To calculate work-related injury compensation, especially work-related injury compensation for termination of labor relations, it is necessary to know the location (city) of the injured person, because the standards vary from place to place.

If possible, please also let us know your salary and the length of the leave period so that it can be calculated more accurately.

If you go to labor arbitration for arbitration and terminate the labor relationship, the one-time disability subsidy will be calculated at 1,300 yuan, and the one-time employment subsidy and one-time medical subsidy will be calculated according to the average salary of the local overall area. You should be paid a minimum of 12 months' wages for leave of absence, and if you exceed it, you need to be re-evaluated.

The total compensation is more than 300,000.

Disability insurance benefits:1Disability Benefit: 60% of the employee's salary. 2.Medical subsidy for work-related injuries and employment subsidy for disability: The specific standards of the sixth level shall be stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Other treatments: medical expenses, food subsidies, accommodation and transportation expenses, **** fees, assistive device expenses, suspension of work and salary, living care expenses, etc.

You'd better find a local lawyer to do the math for you.

You should be paid the full amount of your wages for the period of work-related injury, and you will be required to pay a lump sum disability compensation after the termination of the employment contract.

According to Article 35 of the 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 from the work-related injury insurance** according to the level of disability, and the standard is:

12 months' wages for Grade 7 disability, 10 months' wages for Grade 8 disability, 8 months' wages for Grade 9 disability, and 6 months' wages for Grade 10 disability; (2) If the labor contract is terminated upon expiration or the employee himself or herself 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.

Article 29 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the unit's food subsidy standard for business trips; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes.

If the cost of the injured employee to the medical institution that has signed the service agreement is met, it shall be paid from the work-related injury insurance.

Article 31 Where an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Therefore, you can refer to the above items and the local implementation of the "Work-related Injury Insurance Regulations" to calculate your compensation.

The Ministry of Labor and Social Security pays a one-time disability allowance of 6 months' salary.

Termination of the contract. The employer pays a one-time medical subsidy and a disability employment subsidy.

Let's say it's 29 years old.

This is the average salary of local workers for 20 months.

Let's say it's 39 years old.

This is the average salary of local workers for 16 months.

Hello. The new Regulations on Work-related Injury Insurance stipulate that if an employee who has been injured in an accident or suffered from an occupational disease before the implementation of this Decision has not completed the determination of work-related injury after the implementation of these Regulations, it shall be implemented in accordance with the provisions of this Decision.

In your case, the work-related injury was recognized in May 2010 and therefore the new standard cannot be applied.

Workers' compensation rates vary from region to region.

In Sichuan, if it is level 10, you can pay about 40,000 to 50,000 yuan, which varies according to the individual's situation.

The new regulations of January 1, 2011 and the previous situation of the one-time medical benefit for work-related injuries and disability employment benefits were recognized as work-related injuries in May 2010 and therefore the new standards could not be applied. Reference.

According to the regulations on work-related injury insurance and the implementation measures of Hunan Province, your compensation includes a one-time disability, medical treatment, and employment subsidy for 7 months, that is, 31,500 yuan; The daily food subsidy for hospitalization is 12 yuan, the salary is still paid, as well as escort fees, transportation expenses, etc.

Zongheng Legal Network Ji Daosheng lawyer.

I don't know when you were found to have suffered a work-related injury, so it is recommended to contact our lawyer for details.

Lawyer Zhang Jinyuan.

The main compensation for the eighth-level work-related injury insurance benefits are: medical expenses, one-time disability allowance (11 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.

In accordance with Article 37 of the Regulations on Work-related Injury Insurance and the provisions of the Regulations on Work-related Injury Insurance of the province where the worker is located.

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.

There are three types of compensation for assessed disability: a lump sum disability allowance, a lump sum disability reemployment benefit, and a lump sum medical allowance. 、

If the employment contract is terminated with the employer, the employee can receive a one-time disability reemployment allowance and a one-time medical subsidy, but if the employment contract is not terminated, he will not receive it. The compensation for the three items shall be based on the provisions of the "Work-related Injury Insurance Regulations" of the place where you are injured at work, and shall also be related to the average social security basic salary paid by you in the previous year for 12 months. For the 12-month average salary, the Social Security Bureau will compensate you for the 12 average basic wages of the previous year, not your actual income salary!

If your monthly income is 5,000, but the basic salary of the employer to buy social security for you is 2,000, then the compensation will be based on 2,000 per month and multiplied by the number of months of your disability level. So it's hard to answer this data accurately. However, you can claim that the compensation base of the lump sum disability reemployment payment is calculated according to your actual wage income.

The compensation standards stipulated in the regulations on work-related injury insurance issued by various provinces, autonomous regions and municipalities directly under the Central Government vary greatly.

The following is an example of the disability compensation standard stipulated in the Regulations on Work-related Injury Insurance of Guangdong Province:

One-time disability allowance: compensation for 11 months' salary.

One-time disability re-employment payment: 15 months' salary will be compensated.

One-time medical subsidy: compensation for four months' salary.

1. Medical treatment: reimbursement of medical expenses, hospital meal subsidy by work-related injury insurance** according to local standards, need to care, if the unit is not out of the care, the unit needs to pay nursing fees according to local standards.

2. Suspension of work and pay treatment: ** work-related injury needs to determine the suspension period, usually issued by the medical institution of ** work-related injury, confirmed by the labor ability appraisal committee, generally not more than 12 months, serious injury or special circumstances can apply for extension, confirmed by the labor ability appraisal committee, up to 12 months. During the period of suspension of work, the original salary and benefits remain unchanged and are paid by the unit on a monthly basis.

Calculation: My salary x number of months of leave of absence =

3. A one-time disability subsidy shall be paid by work-related injury insurance**: the standard is 18 months of my salary, and my salary is the average monthly payment salary of the 12 months before the injury, and if my 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: My salary x 18 =

4. Two options:

1) Retain the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange work, the employer shall pay the employee a monthly disability allowance of 70% of his salary, and the employer shall pay all social insurance premiums for him or her 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.

2) If the labor relationship is terminated, the work-related injury insurance ** will pay a one-time work-related injury medical subsidy, and the unit will pay a one-time disability employment subsidy, according to the standards of Sichuan Province, respectively, 14 months and 60 months of the average salary of employees in the region in the previous year, the average salary of employees in Deyang in 2010 was 39,405 yuan, and the average monthly salary was yuan (the average salary of employees in 2011 should be announced around this year).

Calculation: Yuan x (14 + 60) = Yuan.

If the employment relationship is not terminated, the compensation is added up and the employee is entitled to 4 (1) per month.

In the event of termination of the employment relationship, the compensation shall be the sum of items (2).

The specific calculation is very complicated, you can go to the China Rights Protection Consultation Network to inquire.

Work-related injury compensation varies according to the place where the accident occurred, the individual's age, salary, time of injury, and time of termination of labor relations. You can bring the information to the lawyer to help you calculate it for free.

If you need a lawyer's help or detailed consultation, you can contact lawyer Qin Jiali in Suzhou, Beijing Yingke (Suzhou) Law Firm, one of the top ten law firms in China, to host personal injury and work-related injury compensation cases in Suzhou, Xi and Chang traffic accidents. The thirteenth floor, No. 999, Sanxiang Road, Jinchang District, Suzhou City, next door to the second courtyard, opposite Suzhou City.

Zongheng Legal Network-Beijing Yingke Suzhou Law Firm-Qin Jiali lawyer.

If the injured person is in his 20s and his salary level is average, he should pay more than 400,000 yuan in compensation for his resignation at one time. If the company does not pay or pays less, it is recommended to entrust a lawyer to help fight the labor arbitration lawsuit to claim compensation from the company as soon as possible.

Zongheng Legal Network-Jiangsu Gusu Law Firm-Lawyer Chen Lei.

Calculate in detail in light of your situation.

Zongheng Legal Network-Jiangsu Lanzhitian Law Firm-Xu Yuanhong lawyer.

If the unit participates in the work-related injury insurance, it shall be paid by the work-related injury insurance, and otherwise, it shall be paid by the employer.

If the labor contract is terminated upon expiration or the employee himself or herself 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.

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!