How much should be compensated for a grade 5 work related injury, and how much should be compensated

The "Regulations on Work-related Injury Insurance" stipulates that employees who are identified as Grade 5 disabled due to work-related disability shall enjoy the following benefits:

1) A one-time disability allowance from work-related injury insurance** for 16 months' salary;

2) Retain the labor relationship and arrange appropriate work by the employer; If it is difficult to arrange work, the employer shall pay a monthly disability allowance of 70 of the employee's salary, but shall not be lower than the local minimum wage.

3) At the request of the injured employee, the employee may terminate or terminate the labor contract with the employer, and the employer shall pay a one-time medical subsidy for work-related injury and employment subsidy for disability in accordance with the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

My salary refers to the average monthly salary of the injured employee in the 12 months before the accident; The salary standard shall not be less than 60 of the average salary of local employees. Disability allowances are to be adjusted annually by provinces, autonomous regions, and municipalities directly under the Central Government.

Article 23 of the Regulations for the Implementation of the Labor Contract Law stipulates that if an employer terminates the labor contract of an injured employee in accordance with the law, it shall, in addition to paying economic compensation in accordance with Article 47 of the Labor Contract Law, also pay a one-time medical subsidy for work-related injuries and a disability employment subsidy in accordance with the relevant national regulations on work-related injury insurance.

Heilongjiang Province** Hei Zheng Fa [2003] No. 89 (Abstract)] The one-time medical subsidy for work-related injuries and the one-time disability employment subsidy for disabled employees of grades 5 to 10 are the wages of the injured workers in the month before they leave their posts. If the disabled employee is less than 5 years away from the statutory retirement age, the one-time medical subsidy for work-related injuries and the disability employment subsidy shall be paid at the rate of 20% for each year of reduction, and 10% of the full amount for less than 1 year before the statutory retirement age. Employees who have been injured at work and have reached retirement age or gone through retirement procedures are not entitled to a one-time medical subsidy for work-related injuries and a disability employment subsidy.

Employees who are identified as Grade 5 disabled due to work-related disability 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: 16 months' salary for grade 5 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, and the standard is: 70 of the salary of the person for grade 5 disability, and the employer shall pay all social insurance premiums payable for him in accordance with the regulations.

At the request of the injured employee, the employee may terminate or terminate the employment relationship with the employer, and the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The standard for the sum of the one-time work-related injury medical subsidy and the disability employment subsidy shall be calculated based on the average monthly wage of the employee in the overall area in the previous year, and calculated according to the remaining months of the injured employee from the statutory retirement age, but the remaining number of months in the calculation of grade 5 disability shall not exceed 72 months.

It's different everywhere, right? Depending on the level of the economy!

Grade 5 disability is 18 months' salary.

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.

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 with disabilities 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 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) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

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

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

The standards are: 1. A one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance, and the standard shall be 18 months' salary for the fifth level of 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 employee a monthly disability allowance and compensate 70 percent of his salary, and the employer shall pay all the social insurance premiums due to him in accordance with the regulations.

Article 7 of the Regulations on Work-related Injury Insurance stipulates that work-related injury insurance** shall be composed of work-related injury insurance premiums paid by the employer, interest on work-related injury insurance** and other funds included in work-related injury insurance** in accordance with the law. Article 39 of the Social Insurance Law of the People's Republic of China 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) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; 3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

1. Hospitalization meal subsidy: If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the meal subsidy standard for business trips of the unit. Manufacturing Simple Labor Contract 2. Medical Expenses:

Calculated based on the actual cost incurred. 3. Suspension of wages: If an employee is injured in an accident or suffers from an occupational disease and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit on a monthly basis.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the Labor Ability Appraisal Committee at the level of a city divided into districts, but the extension shall not exceed 12 months. After the injured employee is assessed for the level of disability, the original benefits shall be suspended, and the disability benefits shall be enjoyed in accordance with the relevant provisions of this chapter.

If the injured employee still needs to be injured after the expiration of the suspension period with pay, he or she shall continue to enjoy the medical treatment of work-related injury. 4. Nursing expenses: If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work and salary, the unit shall be responsible for it.

If the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee that he or she needs daily care, the employer shall continue to pay for it. The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year. 5. Disability allowance and disability allowance:

If an employee is identified as having a Grade 5 disability due to work-related disability: a one-time disability subsidy, and a Grade 5 disability is 16 months' salary. The criteria are:

Grade 5 disability is 70% of the person's salary. 6. Medical subsidy for work-related injuries: calculated according to the difference between the average life expectancy of the local population and the age at the time of termination or termination of labor relations published by the statistical department last time. Level 6 shall be paid the average salary of local employees for each full year; Level 7 shall be paid one month's average salary for local employees for each full year; Grade 8, the average salary of local employees will be paid for each full year; for grade 9, the average salary of local employees will be paid for each full year; For the tenth grade, the average salary of local employees will be paid for each full year.

If it is less than one year, the mountain blind model shall be counted as one year. For injured employees suffering from occupational diseases, the one-time medical subsidy for work-related injuries will be increased by 40% on the basis of the above standards. 7. Disability Employment Grant:

Based on the average wage of local employees, the average monthly wage of employees in the previous year for 35 months shall be paid according to the level of disability and the age at the time of termination or termination of labor relations. Conditions for the payment of the one-time disability employment subsidy: (1) The employee and the employer terminate or terminate the labor relationship upon the request of the injured employee.

2) The employer terminates the labor relationship in accordance with Article 25 of the Labor Law. (3) The employer is bankrupt or dissolved in accordance with the law. Payment Responsibility:

The employer of the injured worker.

The compensation standard for the fifth level of work-related injury appraisal: the disability allowance for the fifth level of disability is 70% of the person's salary; The one-time disability allowance is 18 months' salary; After the dissolution or termination of the labor relationship, the specific standards of the one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability shall be stipulated by the people of the provinces, autonomous regions and municipalities directly under the Central Government; Other.

[Legal basis].

Paragraph 1 of Article 36 of the Regulations on Work-related Injury Insurance If an employee is identified as a Grade 5 or Grade 6 disability 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 shall be: 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 labor sales fee for the fifth grade disability, and 60% of the salary for the sixth grade disability, and the employer shall pay all 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 standard, the employer shall make up the difference.