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Anonymous users2024-02-11The parties can enjoy a one-time disability subsidy of seven months' salary, and if the labor relationship is terminated, there is also a one-time work-related injury disability subsidy and a one-time work-related injury medical subsidy, but generally speaking, the general compensation standard for grade 10 work-related injuries is between 10,000 --- 60,000 yuan.
Legal analysisWork-related injury insurance is a mandatory insurance for employees who meet the requirements by law, so regardless of whether the employer has purchased work-related injury insurance or not, when an employee is injured and is identified as a Grade 10 disability, the employer shall pay the employee work-related injury compensation according to the relevant compensation standards of the place where the employee is located. Work-related injury insurance and commercial insurance can exist at the same time in the case of work-related injury and disability, and the general work-related injury compensation is a little more than that of commercial insurance, but whether to buy commercial insurance is determined by the boss's personal will, and usually the boss buys it to offset the part of the compensation paid by the company when the employee is injured at work, so if the boss buys work-related injury insurance and commercial insurance for the employee at the same time, the worker can only enjoy 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 allowance shall be paid from work-related injury insurance** according to the level of disability, 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.
Legal basisRegulations on Work-related Injury Insurance Article 37 If an employee is identified as having a disability of grade 7 to 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 shall be: 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 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 employment subsidy for disability.
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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Anonymous users2024-02-101) Basis for classification of grade 10 disability and compensation standard (1) Basis for classification:
a.Partial limitation of the ability to perform daily activities; b.a decline in the ability to work and study; c.Partially limited social communication skills. (2) Compensation standard:
a.A one-time disability allowance for 6 months is paid by the social security institution. The compensation base is 2,551 yuan, 6 months = 15,306 yuan.
b.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 disability employment subsidy of RMB 2,551 = RMB 10,204 for four months and a one-time medical subsidy for work-related injuries of RMB 2,551 = RMB 2,551 for one month.
The one-time disability subsidy is 15,306 yuan + the one-time disability employment subsidy is 10,204 yuan + the one-time work-related injury medical subsidy is 2,551 yuan = 28,061 yuan.
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Anonymous users2024-02-09If it has been deregistered, the shareholders of the factory can be the parties to file a claim, and if the legal protection has a time limit, please protect your rights in time to avoid passing the time limit.
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Anonymous users2024-02-08The compensation standard for grade 10 disability for work-related injuries in factories is: a one-time disability subsidy, and 6 months' salary for grade 10 disability. If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay the employee a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability based on the average monthly salary of the employee in the overall area of the previous year at the time of the termination or termination of the labor contract.
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Anonymous users2024-02-07It can probably be compensated to about 9-100,000.
The minimum compensation standard for work-related injuries is level 10.
1.Lump sum disability benefit.
The one-time disability subsidy for grade 10 disability is 7 months' salary, and if the salary is lower than 60% of the average salary of employees in the overall planning area, the alarm shall be calculated according to 60% of the average salary of employees in the overall planning area. From January 1, 2020, the funeral subsidy in the work-related injury insurance treatment and the base amount involved in the need to determine the salary of the person in accordance with the provisions of the "Work-related Injury Insurance Regulations" shall be implemented with reference to the basic pension insurance for employees of enterprises in our province and the basic pension calculation and payment base of the pension insurance of government institutions and institutions 7602 yuan.
The main body of payment is work-related injury insurance**, and the payment time is the month following the completion of the labor ability appraisal.
The minimum one-time disability allowance is: 7602 60% 7 = yuan.
2.One-time medical benefit for work-related injuries.
The subject of payment is work-related injury insurance**, and the payment condition is that the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract.
The one-time medical subsidy for work-related injuries is 30,000 yuan.
3.One-time employment benefit for work-related injuries.
The entity of payment is the employer, and the payment condition is that the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract.
The one-time employment subsidy for work-related injuries is 10,000 yuan.
4.Pay for the period of leave without pay.
The employer shall pay the original salary and benefits.
The period of leave with pay is based on the leave certificate issued by the contracted medical institution of work-related injury insurance, and is temporarily calculated as follows:
The minimum wage for the period of suspension of temporary employment is: 7602 60% 3 = yuan.
5.Nursing fees.
The nursing expenses during the period of suspension of work with pay shall be paid by the employer, and whether nursing care is required and the nursing period shall be determined according to the doctor's instructions.
Taking 7 days of hospitalization, only nursing care is required during hospitalization, and the nursing fee is 100 yuan per day as an example, which is calculated as follows:
The nursing fee is: 100 7 = 700 yuan.
6.Hospitalization meal allowance.
Taking 7 days of living in a chaotic hand yard as an example, the calculation is as follows:
The hospital meal subsidy is 30 7 = 210 yuan.
The rough estimate of grade 10 work-related injuries totaled 91,522 yuan.
The people of cities divided into districts may, according to the level of local economic development and the living standards of residents, determine the standards of one-time medical subsidies for work-related injuries and one-time employment subsidies for disability by no more than 20% on the basis of the benchmark standards, and report to the provincial social insurance administrative department for the record.
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