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According to Article 35 of the Regulations on Work-related Injury Insurance, if an employee is identified 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 from the work-related injury insurance** according to the level of disability, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary 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.
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Work-related accident insurance, insurance company medical expenses and hospitalization expenses; The insurance company pays a one-time medical subsidy for work-related injuries for 10 months (the average salary of the previous year in the local area) (I wonder if the salary is still paid?). );The one-time Disability Employment Grant has nothing to do with it, it's two different things.
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Work-related injury accident insurance and national statutory work-related injury insurance are two different things, in addition to purchasing work-related injury accident insurance for employees, does your company also participate in the national statutory work-related injury insurance? The claim of work-related injury accident insurance is handled according to the insurance contract, if it is the national statutory work-related injury insurance, the second and third places upstairs are correct, specifically the standard of Fuzhou City or the standard of Fujian Province, the key depends on your company's statutory work-related injury insurance insured place**?
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If you don't have 1 million a year, I'll help you kill me, but you have to give me 1000w
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Analysis of the law of emptiness: a one-time disability subsidy paid by work-related injury insurance** is 11 months' salary.
Legal basis: Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as Grade 8 for work-related disability, the Work-related Injury Insurance** shall pay 11 months' salary for Grade 8 disability. 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 medical subsidy for work-related injury shall be paid by the work-related injury insurance fund.
The employer shall pay a one-time disability employment subsidy, and the specific standards of the one-time work-related injury medical subsidy and the one-time disability employment subsidy shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government.
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Legal Analysis: A one-time disability allowance paid by work-related injury insurance** is 11 months' salary.
Legal basis: Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as grade 8 for work-related disability, the work-related injury insurance** shall pay 11 months' salary for grade 8 disability. 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 injury.
The specific standards for the one-time disability employment subsidy paid by the employer, the one-time medical subsidy for work-related injuries and the one-time disability employment subsidy for late balance or one-time disability shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government.
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There are two types of traffic accident claims and workers' compensation claims.
1. If the traffic accident is identified as level 8, it is necessary to pay more than 20 yuan in disability compensation, plus mental injury solace, plus medical expenses, lost work expenses, nursing expenses, nutrition expenses, transportation expenses, and lawyer fees. It depends on the actual amount.
2. The work-related injury part also needs to be identified, due to the different identification standards of work-related injuries and traffic accidents, the work-related injury level may be more serious, and the compensation can also be based on the work-related injury.
Grade 8 work-related injuries are usually like this:
1) If you continue to work in the unit and do not resign, you will enjoy a one-time disability subsidy according to the "Regulations on Work-related Injury Insurance", and the salary for grade 8 work-related injury is 11 months' salary (paid by work-related injury insurance**).
2) If you choose to quit your job, you can enjoy a one-time medical subsidy for work-related injuries (paid by work-related injury insurance**) and a one-time disability employment subsidy (paid by the employer) in addition to the one-time disability subsidy.
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[Legal Analysis].The standard of compensation for the disability of the eight branches is a one-time disability allowance of 10 months' salary. At the same time, upon the expiration of the labor contract, or if 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 an employment subsidy for violent tremor and disability.
[Legal basis].Article 1182 of the Civil Code of the People's Republic of China: Where property losses are caused by infringement of the personal rights and interests of others, compensation shall be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer; Where it is difficult to determine the losses incurred by the infringed party as a result of the leased dates and the benefits obtained by the infringer, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.
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Legal Analysis: The standard of compensation for grade 8 disability is 10 months' salary due to a one-time disability allowance. At the same time, upon the expiration of the labor contract, or if 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.
Legal basis: Article 1182 of the Civil Code of the People's Republic of China: Where the infringement of the personal rights and interests of others causes property losses and losses, compensation shall be made in accordance with the losses suffered by the infringed party or the profits and benefits obtained by the infringer; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.
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The eighth-level disability can pay 15 to about 250,000 yuan in the laughing hall.
The compensation for grade 8 work-related injuries is about 15 to 250,000 yuan, but the standards are different in each region, among which the one-time disability allowance and the salary of the suspension period are calculated based on the employee's own salary, of which the one-time disability allowance is 11 months' salary; The one-time medical subsidy for work-related injuries, the one-time employment subsidy for the disabled, and the living care expenses are calculated based on the average social wage of the previous year in the overall area.
Article 37 of the Regulations on Work-related Injury Insurance stipulates that if an employee is identified as having a disability of grade 7 to 10 due to work-related disability, a one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance, and the salary of the seventh grade is 13 months, the salary of the eighth grade is 11 months, the salary of the ninth grade is 9 months, and the salary of the tenth grade is 7 months.
The criteria for the identification of a grade 8 disability are:
There are personality changes; Single-limb paralysis muscle strength level 4; Muscle strength level 4 of one-handed total muscle paralysis; Partial paralysis of both hands muscle strength level 4; Partial paralysis of both feet has a muscle strength of grade 4; Muscle strength of monopedal partial saphenous paralysis grade 3; No dysfunction after lobotomy; Those who meet one of the criteria for severe disfigurement; Facial burns and skin grafting 1 5 and other conditions are identified as grade 8 disability. <>
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1. A one-time disability subsidy for 10 months, which shall be paid by the social security institution. The compensation base is 2,551 yuan 10 months = 25,510 yuan. 2. If the labor contract is terminated upon expiration or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time disability employment subsidy of 2,551 yuan = 38,265 yuan for 15 months, and a one-time medical subsidy for work-related injuries for 4 months of 2,551 yuan = 10,204 yuan.
The one-time disability subsidy is 25,510 yuan + the one-time disability employment subsidy is 38,265 yuan + the one-time work-related injury medical subsidy is 10,204 yuan = 73,979 yuan.
[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 inpatient 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; (Bafanshou) If he dies on the job, he or she shall be entitled to the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family; (9) Labor ability appraisal fee.
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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. - The actual amount of compensation is calculated by looking at your local compensation standard and what your salary is, but if you go to find a lawyer in the legal industry, you can ask carefully, and you can directly learn about the compensation online.
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 Employees who are identified as having a disability of grade 7 to grade 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 shall be:
13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages 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 work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time employment subsidy for disability. 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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The level 8 work-related injury compensation standard is: one-time injury medical subsidy is the average monthly wage of local employees within 20 months, and one-time disability employment subsidy is the average monthly salary of employees in the current year for 8 months. In other words, workers' compensation level 8 work-related injuries are eligible for 39 months of wage subsidy.
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. - The actual amount of compensation is calculated by looking at your local compensation standard and what your salary is, but if you go to find a lawyer in the legal industry, you can ask carefully, and you can directly learn about the compensation online. >>>More
1. You first find out the per capita disposable income of urban residents (applicable to urban hukou) or the per capita net income of rural residents (applicable to agricultural hukou) in the previous year at the location of the court where the lawsuit is filed online, and then multiply this figure by 20 and then multiply by 40% to determine the amount of disability compensation. >>>More
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: >>>More
The amount of compensation for grade 10 disability is 60,000 yuan.
Legal analysis: Grade 8 work-related injury compensation has a one-time disability subsidy paid from work-related injury insurance**, of which grade 8 disability is 11 months' salary. If it is an illegal employer, if the employee is disabled in the eighth grade, the compensation base shall be 3 times. >>>More