Can I count this as a grade 10 disability and how much can I compensate?

Grade 10 disability should not be counted, in this case the employer shall give economic compensation, which shall be based on the number of years of service in the employer, and Article 47 The economic compensation shall be paid to the worker according to the number of years the worker has worked in the employer and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If you feel that it is incorrect, you can apply to the labor arbitration commission for arbitration.

China's Labor Contract Law stipulates that employers must sign labor contracts when employing workers. Labor contracts are divided into fixed-term labor contracts and indefinite-term labor contracts. Although you emphasize that you have signed an indefinite employment contract with the company, it is also an employment contract.

As long as the termination conditions stipulated in the Labor Contract Law are met, the employer can terminate the labor contract. Article 40 of the Labor Contract Law stipulates that: "Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) If the worker is sick or injured not in the line of duty, he or she cannot perform the original job or work arranged by the employer after the prescribed medical treatment period has expired;According to the law, as long as your illness affects the performance of your current work, then the employer has the right to terminate the labor contract, but with 30 days' written notice or an additional month's salary. Therefore, the key to your question is whether your treatment period exceeds the prescribed medical treatment period, if it does not exceed then your employer has no right to terminate the labor contract, if it does not exceed but the later subsidiary ** will still affect the current work, the employer can transfer other jobs and should not terminate the labor contract, which is the special protection of the law for indefinite term labor contracts.

However, if your ** period exceeds the prescribed medical treatment period, then you have the right to terminate the employment contract. I don't know if you understand, it is legal for the employer to change your job for you, and if you don't agree, you can terminate the labor relationship, which is mandatory. What I'm concerned about now is not how to terminate the labor contract between the employer and you, but how to protect your rights and interests.

First of all, you need to investigate the local and your unit's regulations on the medical period, whether your ** period is within the regulations, and find the hospital to issue a certificate (the hospital's certificate can be issued flexibly). Then find the person in charge of the unit to explain the situation. If the deadline is exceeded, then I suggest that you better accept the position of the company.

School of Law, Shandong University.

1. Medical expenses, hospital meal subsidies, transportation expenses, and accommodation expenses.

The food subsidy for the hospitalization of the employee and the work-related injury, as well as the transportation, accommodation and transportation expenses required for the injured employee to seek medical treatment outside the co-ordination area with a certificate issued by the medical institution and approved by the handling agency, shall be specified by the people of the co-ordination area.

2. ** Fee.

The cost of a work-related injury** at a medical institution that has signed a service agreement.

3. Nursing fees.

Completely unable to take care of themselves: 50% of the average salary of employees in the overall area in the previous year

Most of them are unable to take care of themselves: 40% of the average salary of employees in the overall area in the previous year

Part of the staff is unable to take care of themselves: 30% of the average salary of employees in the overall area in the previous year

4. Assistive device fee.

Due to the needs of daily life or employment, confirmed by the Labor Ability Appraisal Committee, prostheses, orthoses, prosthetic eyes, dentures and wheelchairs and other assistive devices can be installed, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards stipulated by the state.

5. Wages during the period of suspension of work.

If a person 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 with pay, which shall generally not exceed 12 months, and shall not exceed 12 months after special extensions.

6. One-time disability allowance.

The standard for level 10 is: 7 months' salary.

7. One-time medical subsidy for work-related injuries and one-time employment subsidy for disability.

The labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract; 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.

Answer: How much does level 10 compensation generally cost, depending on the specific situation. Grade 10 is entitled to a one-time disability subsidy of 7 months' salary, and a one-time medical subsidy and employment subsidy for work-related injuries when the contract is terminated or terminated.

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Ask how many levels the scapula can be rated.

Answer: If it is a relatively slight scapular fracture, it does not affect the function of the upper limbs, and it is generally not disabled. If it is a comminuted fracture, it is usually a grade 9 disability, but the specific disability level should be subject to the actual appraisal.

I hope my reply can help you and be useful to you, and I wish you a smooth follow-up process.

1. For grade 10 disability, the one-time disability subsidy is 7 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.

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.

Question: If the child has a fracture in the scenic spot, is there a standard for disability compensation in this case?

The size of the fracture injury affects the amount of compensation: the severity of the fracture injury determines the type of compensation item, and in the case of general fracture injury, the victim can only claim common items such as medical expenses, lost work expenses, nursing expenses, nutrition expenses, and transportation expenses. If the fracture is assessed by the appraisal institution to constitute disability, it may also claim disability compensation, disability assistive device expenses, living expenses for dependents, nursing expenses after disability, and solatium for mental damages.

Disability is the degree of disability of the victim's body organs, and when the victim's injury meets the criteria for the level of disability in the "Classification of the Degree of Disability Caused by Human Injury", the content of the disability item can be asserted through the appraisal of the judicial appraisal agency and the appraisal opinion of the appraisal agency that constitutes the disability.

If it is necessary to prepare a compensatory appliance due to disability, the amount of compensation shall be calculated according to the cost of the universal appliance based on the certificate or forensic opinion of the hospital, combined with factors such as the age of the user, the average life expectancy of the Chinese population, and the service life of the appliance.

Question: How to identify the level of disability?

1. If the party involved in the traffic accident is disabled due to injury, after the end of the accident, he may apply to the public security traffic management organ or the court for disability assessment after the lawsuit.

2. The following medical materials should be prepared before the disability assessment:

1. ID card, diagnosis certificate from the hospital, and inpatient medical record (copy).

2. Fracture patients should prepare X-rays and CT films at the beginning and during the injury.

3. Power of attorney from the traffic team, court or law firm.

3. The forensic doctor can do further examination according to the needs of the condition. If the assessment materials are insufficient, it will not be accepted if the assessment time is not reached. Recommendation: Fracture and mild or moderate head injury for more than 3 months, and high head injury for more than 6 months.

When my colleague was working, he cut off two sections of his fingers, counted as level seven, and lost more than 4,000 yuan, five years ago, you will not lose much on this level ten, refer to it yourself.

Grade 10 disability is 7 months' salary.

Basis: Article 30 of the Regulations on Work-related Injury Insurance.

Five, thirty. Article 6.37.

One-time Medicaid.

The specific standards are determined by the Regulations on Work-related Injury Insurance of provinces, autonomous regions and municipalities directly under the Central Government.

One-time Disability Employment Grant.

The specific standards are determined by the Regulations on Work-related Injury Insurance of provinces, autonomous regions and municipalities directly under the Central Government.

Treatment (medical) expenses.

**The cost of work-related injury must meet the requirements of the work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug list, and the work-related injury insurance hospitalization service standards.

Basis: Chapter 5 of the Regulations on Work-related Injury Insurance.

Hospitalization meal allowance.

If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the food subsidy standard of the unit for business trips.

Basis: Chapter 5 of the Regulations on Work-related Injury Insurance.

Transportation expenses, accommodation and food expenses for medical treatment in other places.

If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes.

Basis: Chapter 5 of the Regulations on Work-related Injury Insurance.

Fee.

The expenses incurred by the injured employee to the medical institution that has signed the service agreement shall be paid from the work-related injury insurance if they meet the provisions of the third paragraph of this article in the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the work-related injury insurance hospitalization service standards.

Basis: Chapter 5 of the Regulations on Work-related Injury Insurance.

Assistive device fee.

Due to the needs of daily life or employment, the injured employee can be fitted with prostheses, orthoses, artificial eyes, dentures and wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards stipulated by the state.

Basis: Chapter 5 of the Regulations on Work-related Injury Insurance.

Pay for the period of leave without pay.

If an employee is injured in an accident or suffers from an occupational disease due to work 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 with pay, and shall be paid by the employer on a monthly basis.

Basis: Chapter 5 of the Regulations on Work-related Injury Insurance.

Living care expenses.

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. If the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, the living care expenses shall be paid on a monthly basis from the work-related injury insurance**. 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.

Basis: Chapter 5 of the Regulations on Work-related Injury Insurance.

Let's make an analogy to deepen your impression.

For example, if your monthly salary is 5,000 yuan, your work-related injury assessment is grade 10 disability, the number of days you are hospitalized is 20 days, and your medical expenses are 6,000 yuan. It is calculated as --

Medical expenses (6,000 yuan) + food allowance (20 days * 70 yuan per day) + work-related injury medical period salary (2 months * 5,000 yuan per month.)

Legal Analysis: Grade 10 disability, a total of seven months' wages will be compensated. From workers' compensation insurance**.

A one-time disability subsidy will be given according to the level of disability, and 7 months' salary for individuals with grade 10 disabilities; If the employee himself or herself proposes to terminate the labor contract or the labor contract expires, the work-related injury insurance** shall pay a medical subsidy for work-related injuries dispatched by Yichangcha, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies shall be formulated by the people of the province, Naga Zhi District, and municipalities directly under the Central Government.

Legal basis: Article 37 of the Regulations on Work-related Injury Insurance Article 37 If an employee is identified as a grade 7 to 10 disability 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' 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 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.

The compensation for disability level 10 is as follows:

1. Medical expenses for work-related injuries.

2. Hospitalization meal subsidy.

3. Work-related injury expenses.

4. Auxiliary device configuration fee.

5. One-time disability subsidy: 7 months' salary, paid by work-related injury**.

6. One-time work-related injury medical subsidy: When the labor relationship is terminated, 2 months Changda will sell the average salary of the province in the previous year, and the work-related injury base.

Gold pay. 7. One-time disability employment subsidy: When the labor relationship is terminated, the employer shall pay the average salary of the province for 2 months in the previous year.

8. Salary for the period of suspension of work: the average salary of the person in the last 12 months, excluding overtime pay, not more than 12 months, shall be paid by the employer, and the salary shall be suspended after the disability is graded.

9. Nursing care during the period of suspension of work with pay: If the family agrees to care, it shall be paid by the employer according to the average salary standard of the previous year.

10. Nursing care after disability grading and imitation sale: confirmed by the Labor Ability Appraisal Committee, and paid for work-related injuries. 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.