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If the factory has not signed a labor contract with you, your salary shall be determined according to the principle of equal pay for equal work (Article 11 of the Labor Contract Law). Work-related injuries are paid as they are paid during the ** and rest periods. Social security should also be paid to you.
I read the "Regulations on Work-related Injury Insurance" and can read it in half an hour, 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 I have time, I will go to the labor bureau to ask about the average salary of the local area in the previous year, and some compensation items are related to this.
It is recommended that you take an hour to read the "Labor Contract Law" and the "Regulations for the Implementation of the Labor Contract Law", so that you can know what aspects the employer has infringed on your rights and interests, and can better protect your legitimate rights and interests, which will benefit you for the rest of your life.
Pay attention to gathering evidence to prove your years of employment, overtime, etc. This is important if there is arbitration or litigation in the future.
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Landlord: You should find the boss to pay you money to work there, he should pay you to see where the injury is, see if the injury is a key place, if yes, you can find the boss to pay more points If it is not a key place, you can find him to pay a little bit to be content, don't think about how to find him to lose money, so that you can eat and drink without worry.
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Hello, to the problem you described, the lawyer replied as follows:
First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.
Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.
Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.
Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!
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Article 35 of the Regulations on Work-related Injury Insurance If an employee is identified 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 from the work-related injury insurance** according to the level of disability, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;
2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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If the employee is recognized as a grade 10 work-related injury, the work-related injury insurance** will compensate the employee with a one-time disability subsidy according to 11 times of the employee's salary; If the employee terminates the contract with the employer in accordance with the law, the employer shall compensate for the one-time medical subsidy for work-related injuries and the one-time employment subsidy for suspected disability in accordance with the standards set by the provincial-level people.
[Legal basis].Article 37 of the Regulations on Work-related Injury Insurance.
Employees who are identified as having a disability of grade 7 to 10 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 the work-related injury insurance, and the standard is: 13 months' salary for the seventh grade disabled brother, 11 months' own salary for the eighth grade disability, 9 months' personal salary for the ninth grade disability, and 7 months' personal salary for the tenth grade 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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1. Compensation standards for grade 10 work-related injuries: 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. 3. Legal basis: Articles 37 and 64 of the Regulations on Work-related Injury Insurance.
2. One-time medical subsidy for work-related injuries and one-time employment subsidy for disability: 1. One-time medical subsidy for work-related injuries and one-time employment subsidy for disability can be enjoyed when the labor relationship is terminated with a grade 10 disability; 2. The specific standards refer to the specific provisions of the measures for the implementation of the "Regulations on Work-related Injury Insurance" in various provinces and cities. 3. The legal basis is Article 37 of the Regulations on Work-related Injury Insurance.
If the unit pays work-related injury insurance, it shall be paid by work-related injury insurance**.
The one-time medical subsidy for work-related injuries in items 1, 2, 3, 6 and 7 shall be paid by the unit.
A one-time disability benefit in items 4, 5 and 7. If the employer fails to pay work-related injury insurance premiums, it shall pay all seven work-related injury insurance benefits mentioned above. 3. Disability compensationDisability compensation is calculated for 20 years from the date of determination of disability on the basis of the degree of inability to work or the level of disability of the returning victim, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed.
However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. Where the victim is disabled due to an injury but his or her actual income has not decreased, or where the level of disability is relatively minor but the occupational obstruction has seriously affected his or her employment, the disability compensation may be adjusted accordingly. Level 10 Disability Compensation:
The per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed shall be multiplied by 20 years and then multiplied by 10 percent.
[Legal basis].Article 37 of the Regulations on Work-related Injury Insurance.
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Employees who are identified as Grade 10 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 residual level of disability, and the standard is: 6 months' salary for Grade 10 disability; 2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy.
The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government. Social Insurance Law of the People's Republic of China Article 38 The following expenses incurred as a result of work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations: (1) Medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of deploying assistive devices for the disabled in bulk; (5) Living care expenses confirmed by the Labor Ability Appraisal Committee for those who are unable to take care of themselves; 6) A one-time disability allowance and a monthly disability allowance for disabled employees 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.
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Summary. Hello dear, I am glad to answer for you: the compensation for the 10-level imitation is:
1.Easy medical treatment. Reimbursement of medical expenses, including hospitalization, training, and work-related injuries; 2.
Hospitalization meal allowance, transportation, room and board expenses. If the hospital meal subsidy is equal to the standard set by the local government and the number of days of hospitalization, if the medical institution issues a certificate and reports to the handling agency for medical treatment outside the overall planning area, it may request to pay transportation expenses, board and lodging expenses; 3.During the suspension period, the salary is equal to the employee's original salary and benefits
4.Grade 10 imitation line, a xing imitation line subsidy is 7 months of my salary.
Hello, I'm glad to answer for you: The compensation for grade 10 imitation is: 1
Easy medical treatment. Actual sales and sales, including medical expenses during hospitalization, training, and work-related injuries; 2.Accommodation and food allowances, transportation, and room and board expenses.
The hospital meal subsidy is equal to the standard prescribed by the local government, multiplied by the number of days of hospitalization, and the medical institution issues a certificate, and the handling agency agrees to seek medical treatment outside the overall planning area, and the transportation expenses, board and lodging expenses may be paid; 3.During the period of suspension of work, the salary is equal to the original salary and benefits of the employee: 4
Grade 10 imitation line, a xing imitation line subsidy is 7 months of my salary.
Article 37 of the Work-related Injury Insurance Clause (revised in 2010) Employees who are recognized as disabled due to work-related injuries in grades 7 to 10 are entitled to the following benefits: (1) A xing disability subsidy shall be paid according to the level of disability from the work-related injury insurance, and the standard is: grade 7 disability is my salary for 13 months, grade 8 disability is my salary for 11 months, grade 9 disability is my salary for 9 months, and grade 10 disability is my salary for 7 months; (2) If the labor and employment contract is terminated upon expiration, or the labor consumer himself or herself proposes to terminate the labor and employment contract, the work-related injury insurance** shall pay the work-related injury medical subsidy, and the employer shall pay the disability employment subsidy.
The specific standards for the medical subsidy for work-related injuries and the employment subsidy for the disabled shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government. Article 38 Where a work-injured worker suffers a work-related injury again and is confirmed to be in need, he shall enjoy the work-related injury benefits provided for in Articles 30, 32 and 33 of these Regulations.
Regulations on Work-related Injury Insurance
Article 37 Where an employee is identified as having a Grade 10 disability due to work-related disability, he or she shall enjoy the following benefits: >>>More
Grade 10 work-related injuries are entitled to a one-time disability subsidy: Grade 10 disability is 6 months' salary. Where the victim is disabled as a result of injury, the person obligated to compensate for the necessary expenses incurred by the victim for increasing his or her living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive devices, and living expenses of dependents. >>>More
The scope of Level 10 workers' compensation mainly includes the following: >>>More
1. Medical treatment: reimbursement of medical expenses, hospital meal subsidy by work-related injury insurance** according to local standards, need to care, if the unit is not out of the care, the unit needs to pay nursing fees according to local standards. >>>More
Legal analysis: If an employee who has a work-related accident is identified as having a grade 10 disability, he or she can receive a one-time disability allowance. The lump sum disability allowance is paid according to the level of disability from the work-related injury insurance**, and the standard of the one-time disability allowance is 7 months' salary. >>>More