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The insurance regulations are the same. There is a difference between wages and a lump sum medical benefit for work-related injuries and a lump sum for employment with a disability. The salary is based on the relevant regulations of the province on the salary of the employee, the one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability.
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Compensation standard for disability level: The coefficient of disability level as the compensation standard, that is, the corresponding percentage coefficient from level 1 to 10 is 100% to 10%, and the specific calculation method is as follows: first-level disability is the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year multiplied by 20 years and then multiplied by 100%, and second-level disability is multiplied by 90%, and so on, grade 9 disability multiplied by 20%, grade 10 disability multiplied by 10%.
The various compensation items and calculation standards are as follows:
1) Medical expenses. Medical expenses include the expenses paid by the parties for ** injury and illness, examination fees, ** fees, hand arubber fees, medical expenses, hospitalization fees, ** fees, cosmetic surgery fees and follow-up expenses.
2) Lost time pay. Lost time pay is determined based on the lost time and income of the parties.
3) Nursing expenses. The nursing fee is determined based on the income status of the nursing staff, the number of nursing staff, and the duration of nursing care.
4) Transportation expenses. It is calculated based on the actual expenses incurred by the parties and the 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 fees. 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 subsidy. It shall be determined with reference to the standard of food allowance for general staff of state organs on business trips.
7) Nutrition expenses. Nutrition expenses refer to the expenses incurred by the person concerned in purchasing 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 announced 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 the disabled. The fee for disability assistive devices is calculated according to the reasonable cost standard of commonly applicable devices.
10) Funeral expenses. According to the average monthly wage standard of employees in the previous year, it is calculated on the basis of six months' total.
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. According to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year, it is calculated on the basis of 20 years. 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 Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Article 25 stipulates that disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's inability to work or the level of disability, and according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age of crude type shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.
Article 17 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment, and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
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China's work-related injury insurance regulations stipulate the standard of compensation for grade 10 disability. In general, seven months' wages are usually paid for a grade 10 disability. After the expiration of the labor contract, or if the employee himself proposes to terminate the labor contract, the work-related injury insurance will generally pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy.
It is usually stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government**, the specific amount of one-time medical subsidy for work-related injuries and one-time employment subsidy for disability. Legal basis: Article 37 of the Regulations of the People's Republic of China on Work-related Injury Insurance stipulates that 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 according to the level of disability from the work-related injury insurance, and the standard is: 13 months' salary for the seventh grade disability, 11 months' own salary for the eighth grade disability, 9 months' own salary for the ninth grade disability, and 7 months' personal salary for the tenth grade 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 high-level medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for the one-time medical subsidy for work-related injuries and the one-time employment subsidy for Qi Wangyuan shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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1) The victim is under 60 years of age.
Disability Compensation for Urban Residents: Per Capita Disposable Income of Town Residents: Yuan 20 Years, Disability Compensation Coefficient.
Per capita net income of rural residents' disability compensation yuan 20 years Disability compensation liquid spike coefficient.
2) The victim is between 60-74 years old.
Urban Residents' Disability Compensation: Per Capita Disposable Income of Town Residents' Households Yuan [20 years-(actual age of the victim-60 years old)] Disability compensation coefficient.
Disability Compensation for Rural Residents: Per Capita Net Income [20 Years - (Actual Age of the Victim - 60 Years Old)] Disability Compensation Coefficient.
3) The victim is over 75 years old.
Disability compensation for urban residents, per capita disposable income of town residents, 5 years, disability compensation coefficient.
Disability compensation for rural residents, per capita net income of the people, 5 years, disability compensation coefficient.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 25: Disability compensation is calculated on the basis of the degree of the victim's loss of ability to work or the level of disability, and on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, and is calculated for 20 years from the date on which the disability is determined. However, if the age is 60 years old or older, the age is reduced by one year for each additional year and the age is 15 years old, and the quarrel is calculated as five years.
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