How to stipulate the standard of compensation for work related injuries in the tenth grade

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.

[Legal basis].Article 37 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 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.

The compensation standards for grade 10 work-related injuries are: 1. The employer shall compensate the employee with a one-time disability subsidy for grade 10 work-related injury, and the standard is seven months' salary of the worker. 2. If the employer wants to terminate the labor contract with the employee due to a grade 10 work-related injury, the employer shall also pay the employee a one-time disability employment subsidy.

3. If a worker's Grade 10 work-related injury results in loss of working ability in the future, the employer shall also pay disability compensation. It is paid according to 10% of the local per capita disposable income of the previous year multiplied by 20 years.

Legal analysis: The standard of compensation for level 10 workers' compensation is based on a one-time disability subsidy, and grade 10 disability = 7 months of salary. The employer shall, within 15 days from the date of the occurrence of the work-related accident or the date of the diagnosis of Li Changzhi's occupational disease, submit a work-related injury report to the local labor administrative department.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 30 Employees who suffer from accidents or occupational diseases due to their 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 hospitalization service standards of work-related injury insurance 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 for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

It can probably be compensated to about 9-100,000.

The minimum compensation standard for work-related injuries is level 10.

1.Lump sum disability benefit.

The one-time disability subsidy for grade 10 disability is 7 months' salary, and if the salary 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. From January 1, 2020, the funeral subsidy in the work-related injury insurance benefits and the base amount involved in the salary of the person need to be determined in accordance with the provisions of the "Regulations on Work-related Injury Insurance", with reference to the basic pension insurance for employees of enterprises in our province and the basic pension calculation and payment base of the pension insurance of government institutions and institutions of 7,602 yuan.

The main body of payment is work-related injury insurance**, and the payment time is the month following the completion of the labor ability appraisal.

The minimum one-time disability allowance is: 7602 60% 7 = yuan.

2.One-time medical benefit for work-related injuries.

The subject of payment is work-related injury insurance**, and the payment conditions are terminated upon the expiration of the labor or employment contract, or the employee himself or herself proposes to terminate the labor or employment.

The one-time medical subsidy for work-related injuries is 30,000 yuan.

3.One-time employment benefit for work-related injuries.

The entity of payment is the employer, and the payment conditions are chaotic and the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract.

The one-time employment subsidy for work-related injuries is 10,000 yuan.

4.Pay for the period of leave without pay.

The employer shall pay the original salary and benefits.

The period of leave with pay is based on the leave certificate issued by the contracted medical institution of work-related injury insurance, and is temporarily calculated as follows:

The minimum wage during the suspension period is: 7602 60% 3 = yuan.

5.Nursing fees.

The nursing expenses during the period of suspension of work with pay shall be paid by the employer, and whether nursing care is required and the nursing period shall be determined according to the doctor's instructions.

Taking 7 days of hospitalization, only nursing care is required during hospitalization, and the nursing fee is 100 yuan per day as an example, which is calculated as follows:

The nursing fee is: 100 7 = 700 yuan.

6.Hospitalization meal allowance.

Taking a 7-day hospitalization as an example, it is calculated as follows:

The hospital meal subsidy is 30 7 = 210 yuan.

The rough estimate of grade 10 work-related injuries totaled 91,522 yuan.

The people of cities divided into districts may, according to the level of local economic development and the living standards of residents, determine the standards of one-time medical subsidies for work-related injuries and one-time employment subsidies for disability by no more than 20% on the basis of the benchmark standards, and report to the provincial social insurance administrative department for the record.

Work-related injury compensation standards are an important part of the work-related injury insurance system, which is of great significance for achieving a balance between the interests of work-related injury victims, employers and society as a whole. According to the Regulations of the People's Republic of China on Work-related Injury Insurance, the compensation standard for grade 10 work-related injuries is based on the following:

1.**Medical expenses and food allowance during the feast.

2.Hospitalization meal allowance during hospitalization and model silver nursing expenses during hospitalization.

3.Funeral expenses.

4.Temporary loss of work care expenses, disability allowance, one-time disability allowance, tooth extraction and prosthesis, and other assistance expenses.

5.Periodic pension for work-related disability and lump sum pension for work-related death.

6.Other expenses such as living expenses, transportation expenses, etc., caused by work-related injuries.

According to the above provisions, the workers' compensation standard is divided into 10 levels. The standard is determined according to the specific injury and whether it affects the ability to work and live. Generally speaking, the maximum amount of work-related injury compensation for the 10th level of the trapped chain is within 500,000 yuan.

Reimbursement of all medical expenses, ** and recuperation period according to normal attendance, nursing expenses, food allowance, nutrition expenses, travel expenses, one-time disability allowance (seven months of personal salary), one-time employment allowance (eight months of personal salary), one stupid recurring medical subsidy and envy (six months of industry average salary).

Answer: The standard of compensation for level 10 workers' compensation is based on a one-time disability allowance, and level 10 disability = 7 months of salary. The employer shall, within 15 days from the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease, submit a work-related injury report to the local labor administrative department. Legal basis: Article 39 of the Regulations on Work-related Injury Insurance: If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year; (2) The pension for supporting relatives shall be paid to the relatives who are unable to work and provide the main living expenses of the employee who died due to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died on the job. The specific scope of support for relatives shall be prescribed by the social insurance administrative department; (3) The standard of one-time work-related death subsidy shall be 20 times the per capita disposable income of urban residents in the previous year.

The standards are different in each region: the one-time disability subsidy and the salary for the period of suspension of work and salary are calculated based on the employee's own salary, and the one-time medical subsidy for work-related injuries, one-time disability employment subsidy, and living care expenses are calculated based on the average social wage of the previous year in the overall area. The calculation standard of hospital meal subsidy is 30-50 yuan per day.

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) Transportation and lodging 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 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.