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The main compensation for the ninth level of work-related injury insurance benefits is: medical expenses, one-time disability allowance (9 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.
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 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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The calculation standard of workers' compensation is very transparent, and the lawyer's fee is generally charged according to the fee standard set by the Department of Justice.
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Attorney's fees are generally calculated according to the amount of the subject matter of the lawsuit. **The lawyer service fee standard of the guide price is as follows, which can be referred to, and the specific fee standard shall be determined by the law firm and the client through negotiation within the range and proportion of the guide price fee standard: 6% for the part below 100,000 yuan (including this number); 100,000 yuan (excluding the number) - 500,000 yuan (including the number) part of 5%; 500,000 yuan (excluding the number) - 1 million yuan (including the number) part of 4%; 1,000,000 yuan (excluding the number) - 5,000,000 yuan (including the number) 3%; 5 million yuan (excluding the number) - 10 million yuan (including the number) part of 2%; 10 million yuan (excluding the number) - 50 million yuan (including the number), part of the 10,000 yuan (excluding the number), 1% of the above part; If the amount of the subject matter of the dispute is less than 100,000 yuan, and the fee is less than 2,000 yuan, the fee shall be 2,000 yuan.
Legal basis: "Lawyers Law of the People's Republic of China" Article 25: Where lawyers undertake business, law firms are to uniformly accept the entrustment, sign a written retention contract with the client, and uniformly collect fees in accordance with state provisions and truthfully record them in the accounts. Law firms and lawyers shall pay taxes in accordance with law.
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1. Medical expenses.
Medical expenses are reimbursed, including medical expenses during hospitalization, training and work-related injuries.
1. Employees who are injured at work should seek medical treatment in the medical institution that has signed the service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.
2. If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance.
2. Hospitalization meal subsidy, transportation, accommodation and food expenses.
1. Hospitalization meal subsidy = local standard (yuan) number of days of hospitalization;
2. Those who have been certified by a medical institution and approved by the handling agency to seek medical treatment outside the overall planning area may be required to pay transportation expenses, board and lodging expenses
Transportation fees are based on local standards
Room and board fee = local standard (yuan) Number of people per day.
3. Legal basis: Article 30 of the Regulations on Work-related Injury Insurance.
3. Assistive device fees.
1. Due to the needs of daily life or employment, the injured employee can be fitted with prostheses, orthoses, prosthetic eyes, dentures and wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee
2. The cost of assistive devices shall refer to the standard of the allocation items and cost limits of assistive devices for local work-related injured employees
Fourth, the salary of the suspension period.
1. Salary during the suspension period = the original salary and benefits of the employee.
2. The determination of the length of the period of suspension with pay shall be determined by referring to the classification catalogue of the local period of suspension with pay or made by the Labor Ability Appraisal Committee, and the departments and procedures determined shall be in accordance with local regulations.
3. The suspension period is generally not more than 12 months. If the injury is serious or the circumstances are special, it shall be confirmed by the labor ability appraisal committee of the city divided into districts.
5. Nursing expenses during the period of suspension of work.
1. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
2. For the standard of nursing expenses, please refer to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases or the provisions of the regulations on work-related injury insurance implemented by various provinces and municipalities.
6. One-time disability allowance.
1. For grade 9 disability, the one-time disability subsidy is 9 months' salary.
2. My salary refers to the average monthly salary paid by the injured employee in the 12 months before he was injured in an accident or suffered from an occupational disease due to work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee 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.
7. One-time medical subsidy for work-related injuries and one-time employment subsidy for disability.
1. Grade 9 disability can enjoy a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability;
2. The specific standards refer to the specific provisions of the regulations and measures for the implementation of work-related injury insurance in various provinces and cities.
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Legal analysis: The latest standard of Level 9 work-related injury compensation includes medical expenses, hospital meal subsidies, transportation expenses, room and board expenses, assistive device expenses, suspension of work and pay wages, nursing expenses during the suspension period, one-time disability subsidy, one-time medical subsidy for work-related injuries, and one-time disability employment subsidy for Sentan.
1. Medical expenses: reimbursement is reimbursed, including medical expenses during the period of staying in this stove Tong Hospital, during the training period, and during the work-related injury, the employee needs to go to the medical institution that has signed the service agreement for medical treatment, except for emergencies, and the medical expenses need to meet the work-related injury insurance diagnosis and treatment project catalog, work-related injury insurance drug catalog, and work-related injury insurance hospitalization service standards, and the medical expenses are paid from the work-related injury insurance;
2. Hospitalization meal subsidy, transportation expenses, and accommodation expenses: The hospitalization meal subsidy shall refer to the local prescribed standards, and those who have issued a certificate by the medical institution and reported to the handling agency for approval to seek medical treatment outside the overall planning area may request a subsidy for transportation expenses and accommodation expenses.
3. Assistive device fee: Due to the needs of daily life or employment, assistive devices can be installed after confirmation by the Labor Ability Appraisal Committee. The required expenses are paid from the work-related injury insurance** in accordance with the standards set by the state.
4. Suspension of work and salary: according to the original salary and benefits of the employee, the length of the suspension period is determined, refer to the local classification of the suspension period, generally not more than 12 months;
5. Nursing expenses during the period of suspension of work: the unit is responsible for the nursing expenses, and the nursing expenses after the disability assessment are eliminated and paid on a monthly basis from the work-related injury insurance. Life is completely incapable of taking care of oneself:
50% of the average salary; Most of the people who can't take care of themselves are: 40% of the average salary; Unable to take care of oneself in the living part: 30% of the average salary.
6. One-time disability subsidy: The one-time disability subsidy for grade 9 work-related injury disability is 9 months' salary, and the personal salary here refers to the average monthly payment salary of the injured employee in the 12 months before he was injured by an accident or suffered from an occupational disease due to work;
7. One-time medical subsidy for work-related injuries and one-time employment subsidy for disability.
One-time medical subsidy for work-related injuries: the amount of the ninth-grade disability subsidy is 2 of the person's salary; One-time Disability Employment Allowance: The amount of the Grade 9 Disability Allowance is 8 of the person's salary.
Legal basis: Social Insurance Law of the People's Republic of China
Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.
The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.
Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:
1) Intentional crime;
2) Drunkenness or drug abuse;
3) self-harm or suicide;
4) Other circumstances provided for by laws and administrative regulations.
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I have taken a look at the "Regulations on Work-related Injury Insurance" and the "Measures for the Determination of Work-related Injuries", and I have a full set of measures for what to do. Just follow the instructions above. It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability.
If you want to terminate the labor relationship, then look at the "Implementation Measures of a Provincial Work-related Injury Insurance" where the employer is located, and the standards for one-time work-related injury medical subsidy and one-time disability employment subsidy must be relevant in this.
The identification of work-related injuries is the key, and only when work-related injuries are recognized can they enjoy work-related injury benefits.
The level of disability can be based on the diagnosis conclusion and make a preliminary judgment according to the "Labor Ability Appraisal - Classification of Disability Levels Caused by Work-related Injuries and Occupational Diseases of Employees", and finally the appraisal conclusion made by the appraisal agency recognized by the labor department shall prevail.
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1. The "Measures for the Management of Lawyers' Service Fees" jointly issued by the State and the Ministry of Justice stipulates that lawyers' service fees are to be determined by the law firm and the client through consultation. Article 9: Law firms and clients shall consider the following major factors when negotiating fees for lawyer services:
a) Hours expended;
2) the degree of difficulty of the legal matter;
3) the client's ability to bear it;
4) the risks and responsibilities that lawyers may bear;
5) Lawyers' social credibility and work level, and so forth.
2. Therefore, in the case of the above, the attorney's fee is borne by the client. According to the practical experience of handling cases, if the grade 9 work-related injury is usually charged at the arbitration stage, it is usually 20,000 to 30,000 yuan. It is recommended to apply for legal aid from the legal aid institution under the local judicial bureau.
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Laborers are generally around 80,000 for the ninth level.
Grade 9 work-related injury benefits mainly include: medical expenses, one-time disability subsidy (9 months' salary), one-time disability 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 work-related injury medical subsidy (determined according to the work-related injury regulations of the province where the employee 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 subsidy, nursing expenses, transportation expenses, etc. >>>More
Grade 9 disability is 9 months' salary.
According to the Regulations on Work-related Injury Insurance: >>>More
Due to different medical expenses, different individual salary levels, and different local average wage levels, the final compensation amount is different. According to my experience, taking Hefei, Anhui Province as an example, the fifth-level disability of work-related injuries is estimated to be 70-1 million yuan (excluding medical expenses). >>>More
1. For Grade 9 disability due to work-related injury, you can apply for a one-time disability subsidy in the work-related injury treatment after the results of the labor ability appraisal come out. When the employment relationship with the employer is terminated, you can receive a one-time employment subsidy and a one-time medical subsidy. >>>More
First of all, I will tell you that it is not paid by the unit, it should be the burden of work-related injury insurance, and in addition to medical expenses, ten months of average salary will be compensated. If you are unemployed, the employer pays an unemployment benefit (not compensation for seniority).