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If an employee is injured at grade 10, a one-time disability subsidy will be given in accordance with the regulations, and there will be no other compensation for those who continue to work.
If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, a one-time disability employment subsidy and a one-time disability medical subsidy may be paid.
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.
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If you do not leave your job, you can receive lost work expenses, nursing expenses, transportation expenses, hospital meal allowance, medical expenses, and one-time disability allowance.
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You can refer to the "Regulations on Work-related Injury Insurance" to enjoy work-related injury insurance benefits.
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The treatment of grade 10 work-related injuries is as follows: 1. Medical treatment: reimbursement of medical expenses, hospital meal allowance is paid by work-related injury insurance** according to local standards, and if nursing is required, if the unit does not have anyone to take care of it, the unit shall pay nursing expenses according to local standards.
2. Treatment during the suspension period: **Work-related injuries need to determine the period of suspension with pay, and the original salary and benefits remain unchanged during the period of suspension with pay, which shall be paid by the unit on a monthly basis. Calculation:
My salary x the number of months of the suspension period = 3, a one-time disability subsidy is paid by the work-related injury insurance**: the standard is 7 months' salary for grade 10 disability, and my salary is the average monthly payment salary for the 12 months before the injury, it should be noted that if my salary is lower than 60% of the average salary of employees in the overall planning area, it is calculated according to 60% of the average salary of employees in the overall planning area. Calculation:
My salary x7 = 4, 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 Jiangxi Province, the one-time medical subsidy for work-related injuries is 10 months' salary for grade 10 disability; A one-time disability employment subsidy, a 10-degree disability, is 7 months' salary. Calculation:
One-time work-related injury medical subsidy = one-time work-related injury medical subsidy = one-time work-related injury medical subsidy is less than 10 years from the statutory retirement age, and 10 will be deducted for each year of difference; Less than 1 year will be counted as 1 year. One-time disability employment subsidy = salary x 7 = If the employment relationship is not terminated, the compensation is the sum of the items. If the employment relationship is terminated, the compensation is added up.
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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 proposes to terminate the labor or employment contract, the employer shall pay a one-time medical subsidy for work-related injuries by the work-related injury insurance**, 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.
Legal basis: Regulations on Work-related Injury Insurance
Article 37.
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If an employee resigns after the work-related injury is confirmed, the employer shall also compensate him. If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be evaluated for his or her ability to work. The main compensation for work-related injury insurance benefits is:
Medical expenses, one-time disability allowance, one-time employment subsidy (according to the work-related injury regulations of the province where the injured worker is located, and will be received when the labor relationship is terminated), one-time medical subsidy (determined according to the work-related injury regulations of the province where the injured worker is located, and received when the labor relationship is terminated), wages during the period of suspension of work, food allowance, nursing expenses, transportation expenses, etc.
Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the laws and regulations on the prevention and treatment of occupational diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. 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.
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Legal analysis: the enterprise will pay it: (1) wages and benefits during the work-related injury of the good stove; (2) Monthly disability allowance for grade disability. In addition, if the royal property or labor contract is terminated later, you will also enjoy a one-time disability employment subsidy.
Legal basis: Article 62 of the Regulations on Work-related Injury Insurance.
If an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.
Regulations on Work-related Injury Insurance
Article 37 Where an employee is identified as having a Grade 10 disability due to work-related disability, he or she shall enjoy the following benefits: >>>More
1. You should first ask the company to apply for work-related injury recognition, if the company department applies, you should apply to the work-related injury department of the local labor bureau within one year, otherwise after one year, you cannot apply for work-related injury recognition. >>>More
The scope of Level 10 workers' compensation mainly includes the following: >>>More
1.Terminate the labor contract with the employer through negotiation. >>>More
Grade 10 work-related injuries are entitled to a one-time disability subsidy: Grade 10 disability is 6 months' salary. Where the victim is disabled as a result of injury, the person obligated to compensate for the necessary expenses incurred by the victim for increasing his or her living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive devices, and living expenses of dependents. >>>More