How much compensation can I get for a grade 5 work related injury?

Level 5 and Level 6 disability treatment 1. Standard: Enjoy a one-time disability subsidy: 18 months' salary for Grade 5 disability and 16 months' salary for Level 6 disability; The employment relationship with the employer shall be retained, and the employer shall arrange appropriate work.

If it is difficult to arrange work, the employer shall pay the employer a monthly disability allowance, which shall be 70% of the employee's salary for the fifth grade disability and 60% of the salary for the sixth grade disability, and the employer shall pay all social insurance premiums payable for the employee in accordance with the regulations. 2. Requirements: If the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference.

At the request of the employee, the employee may terminate or terminate the labor relationship with the employer, and the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy based on the average monthly wage of the employee in the overall area of the previous year at the time of the termination or termination of the labor relationship (the specific standards shall be stipulated by the people of the province, autonomous region and municipality directly under the Central Government). 3. Legal basis: Article 36 of the Regulations on Work-related Injury Insurance.

4. Note: My salary refers to the average monthly salary of the injured employee in the 12 months before he was injured in an accident or suffered from an occupational disease at 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.

If the work-related injury is identified as grade 5-6 due to work-related disability, from July 1, 2011, he or she shall be entitled to treatment according to the following standards:

1. A one-time disability subsidy is paid by work-related injury insurance**

Grade 5 disability: 18 months; Grade 6 disability: 16 months. The standard is the average monthly contribution salary of the injured person in the 12 months before the injury;

If the standard calculated and paid according to the above provisions is lower than the average monthly wage of employees in the city in 2010 multiplied by the number of months of the corresponding disability level stipulated in the "Implementation Measures for Work-related Injury Insurance of Shanghai", the difference shall be made up by the work-related injury insurance**.

2. If the labor relationship with the employer is retained, the unit shall arrange appropriate work, and if it is difficult to arrange, the unit shall pay the disability allowance on a monthly basis

Level 5 disability: 70%; Level 6 disability: 60%.

The standard is the average monthly salary of the injured employee in the 12 months prior to the injury, and the employer and the injured person continue to pay social insurance premiums. If the actual amount of disability allowance is lower than the monthly minimum wage standard for employees in this city, the employer shall make up the difference;

3. If the injured person dissolves or terminates the labor relationship with the employer, the work-related injury insurance shall pay a one-time medical subsidy for work-related injury

Grade 5 disability: 18 months; Grade 6 disability: 15 months. The standard is the average monthly wage of employees in the city in the previous year;

4. If the injured worker dissolves or terminates the labor relationship with the employer, the employer shall pay a one-time disability employment subsidy

Grade 5 disability: 18 months; Grade 6 disability: 15 months. The standard is the average monthly wage of employees in the city in the previous year;

Note: If the injured employee proposes to terminate the labor relationship with the employer and the termination of the labor relationship is less than 5 years before the statutory retirement age, the full one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability shall be reduced by 20% for each year of the shortage, except for the circumstances specified in Article 38 of the Labor Contract Law.

If the labor relationship is terminated due to the retirement or death of the injured worker, he shall not enjoy the one-time medical subsidy for work-related injury and the employment subsidy for disability.

After the injured employee receives a one-time medical subsidy for work-related injuries and a disability employment subsidy, the work-related injury insurance relationship is terminated.

It depends on which province, city and region you are. You can claim a one-time disability allowance based on 18 months' salary, retain the labor relationship, and be arranged by the employer for appropriate work, and if it is difficult to arrange, the employer will pay a monthly disability allowance of 70% of your salary.

If you propose to dissolve or terminate your employment contract, you may receive a lump sum medical benefit for work-related injuries and a lump sum employment allowance. The specific standard depends on your local ** regulations.

Enjoy a one-time disability allowance: 16 months' salary for grade 5 disability.

In addition, the employer will pay the disability allowance on a monthly basis, and the standard is: 70 of the person's salary for the fifth level disability

Legal Analysis: 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.

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 food subsidy standard for business trips of the unit;

2. Medical expenses: calculated according to the actual expenses;

3. Suspension wages: If an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the suspension period 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 districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, 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 ** after the expiration of the suspension period, he or she shall continue to enjoy the medical treatment of the 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 life 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 are unable to take care of themselves, or some of them are unable to 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:

Employees who are identified as Grade 5 disabled due to work-related disability:

A one-time disability allowance is 16 months' salary for grade 5 disability.

The standard is: 70% of the person's salary for grade 5 disability.

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 5, the average salary of local employees will be paid for each full year; 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, it shall be calculated as one year.

7. Disability employment subsidy: Based on the average salary of local employees, the average monthly wage of employees in the previous year will be paid for 35 months according to the level of disability and the age at the time of termination or termination of labor relations.