Consult Work related Disability Compensation Standard 5

It is sufficient to apply to the Labor Ability Appraisal Committee of the Human Resources and Social Security Bureau for disability appraisal.

Regulations on Work-related Injury Insurance.

Article 21 Where 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, an appraisal of his or her ability to work shall be conducted.

Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.

There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.

Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.

Article 26 If the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee at the districted city level, it may submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion. The labor ability appraisal conclusions made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government are the final conclusions.

According to the Workers' Compensation Standards.

Grade 9 work-related injuries are eligible for the following compensation:

Medical expenses shall be paid according to the list of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the standard of work-related injury insurance hospitalization services. The food subsidy during the hospitalization period shall be stipulated by the people in the overall area ** (paid by the social security work-related injury**). The wages and benefits of the medical treatment period for work-related injuries remain unchanged and shall not exceed 24 months (paid by the employer).

One-time disability allowance for nine months' salary (paid by social security work-related injury**), one-time work-related injury medical subsidy for two months of one-time work-related injury (paid by work-related injury**), one-time work-related injury employment subsidy for eight months' salary (paid by the employer) after resignation. Note! The salary referred to here is the average salary of employees in the previous year in the locality.

Legal Analysis: Work-related Injury Compensation Standards, also known as Work-related Injury Insurance Treatment Standards. It refers to the compensation items and standards that employees who are injured at work and the relatives of employees who have died at work shall enjoy in accordance with the law.

If an employee of an employer suffers a work-related injury during the period when he has not participated in work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in the Regulations on Work-related Injury Insurance. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.

Legal basis: Article 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes: If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the employee may file a complaint with the labor administrative department, which shall handle it in accordance with the law.

Employees who are identified as Grade 5 or Grade 6 disabled 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: 18 months' salary for grade 5 disability and 16 months' salary for grade 6 disability;

2) Retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, the standard is: 70% of the salary for the fifth grade disability and 60% of the salary for the sixth grade disability, and the employer shall pay all the social insurance premiums due to the employee 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.

Upon the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, 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.

If you want to sue, it is best to ask a lawyer to help you calculate.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation 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 allowance and a monthly disability allowance for employees at levels 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) **Wages and benefits during the work-related injury;

2) Disability allowance received on a monthly basis by employees with disabilities in grades 5 and 6;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Legal Analysis: Compensation for general injuries (not reaching disability): medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation, accommodation and food expenses.

If the whereabouts of the employee are unknown, the compensation items for which the employee is missing when he or she goes out or during emergency rescue and disaster relief shall be determined according to different circumstances.

Legal basis: Regulations of the People's Republic of China on Work-related Injury Insurance

Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law 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 labor and social security 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 labor and social security 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 immediate family members 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 labor and social security administrative department of the coordinating area where the employer is located.

Article 21 Where 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, an appraisal of his or her ability to work shall be conducted.

1. Negotiate compensation with the unit or individual employed, and if you can reach an agreement, you can directly compensate.

2. If you cannot reach a consensus through negotiation, you can apply for labor arbitration at a labor arbitration institution.

3. If you are not satisfied with the arbitration result, you can sue the court for compensation.

4. The scope of compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, and the compensation obligor shall compensate for them.

5. If the part-time worker is a unit, compensation shall be made in accordance with the provisions of the work-related injury insurance regulations.

First of all, it is recommended that your father hurry to the labor bureau where the unit is located to apply for work-related injury recognition according to the regulations (application statute of limitations: within 1 year from the date of injury). Only when it is recognized as a work-related injury can the legitimate rights and interests be protected.

Secondly, after the work-related injury identification results come out, and after the injury is relatively stable, you can apply to the local labor ability appraisal committee (in the labor bureau) for labor ability appraisal.

Then, after the conclusion of the labor ability appraisal is out, the employer can negotiate to compensate for work-related injuries according to the level of disability; If the negotiation fails, the applicant shall apply for labor arbitration and claim compensation for work-related injuries from the unit. Of course, if there is an objection to the arbitral award, you can go further to the local court.

1. Evidence of labor relations with the part-time employer must be obtained, such as labor contract, work permit, time card, payroll, etc.;

2. Apply for work-related injury identification;

3. Labor ability appraisal;

4. According to the disability level appraised by the labor ability, the work-related injury insurance department and the enterprise shall pay the corresponding medical expenses, disability allowance and other work-related injury benefits;

If the enterprise has not paid social insurance to its employees, as long as it can prove that there is a de facto employment relationship with the enterprise, all work-related injury benefits will be paid by the enterprise.

1. There must be proof of labor relationship.

2. There must be proof of work-related injury.

3. Go to the local labor department, labor bureau or human resources and social security bureau to apply for work-related injury identification, 4. After the work-related injury is identified, do a labor ability appraisal, note that it is not a general disability appraisal.

First apply for work-related injury determination, then identify the disability, and finally determine the amount of compensation, and if the negotiation fails, you can apply for arbitration.