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The employee is a Grade 10 disability, and as long as the employee has a Grade 10 disability, the possibility of the worker winning the appeal is very high.
The main compensation for the 10th level work-related injury insurance benefits are: medical expenses, one-time disability allowance (7 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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You can lose money after the judgment, and whether the other party has money or not does not affect you. If it is not given, the statute of limitations for the judgment expires, and the arbitration or court can be requested to compel the other party to enforce it.
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Legal analysis: If the disability level is not assessed, but there is no compensation for disability, you can still claim compensation for economic losses such as medical expenses, lost work expenses, nursing expenses, nutrition expenses, transportation expenses, accommodation expenses, and hospital meal subsidies.
If the two parties fail to reach an agreement on the issue of compensation, they may file a lawsuit with the court for compensation.
Under normal circumstances, the court will be subject to the results of the re-commissioned appraisal by the court, and without assessing the level of disability, it will only be responsible for basic compensation items such as medical expenses, lost work expenses, nursing expenses, food expenses, transportation expenses, and accommodation expenses. In the case of the deficiency of the insurance company, the company shall make supplementary compensation.
Legal basis: Article 27 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" The people's courts may request the presence of the parties or litigants when conducting evidence preservation.
On the basis of the parties' applications and specific circumstances, the people's courts may employ methods such as sealing, seizure, audio or video recording, reproduction, appraisal, and inquest to preserve evidence, and make a record. In the case that Sui Suhong meets the purpose of evidence preservation, the people's court shall choose the preservation measure that has the least impact on the interests of the evidence holder.
If the labor contract is terminated with the employer, 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, and the subsidy standard shall be stipulated by the province or municipality directly under the Central Government. >>>More
According to the Regulations on Work-related Injury Insurance, which came into force on January 1, 2004, if the employer fails to submit an application for work-related injury recognition to the labor and social security administrative department of the coordinating area within 30 days (except for special circumstances), he/she or his/her immediate family members or trade union organization may directly apply to the labor and social security department of the co-ordinating area where the employer is located within one year from the date of the accident injury. >>>More
1. You should first ask the company to apply for work-related injury recognition, if the company department applies, you should apply to the work-related injury department of the local labor bureau within one year, otherwise after one year, you cannot apply for work-related injury recognition. >>>More
Grade 10 disability. a. Partial limitation of daily activity ability; >>>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