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Grade 9 Disability Compensation Standard 1A one-time disability benefit for 8 months, paid by the social security institution. The compensation base is 2,551 yuan for 8 months = 20,408 yuan.
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 disability employment subsidy of RMB 2,551 = RMB 20,408 for 8 months, and a one-time medical subsidy for work-related injuries of RMB 2,551 for two months = RMB 5,102. One-time disability subsidy of 20,408 yuan + one-time disability employment subsidy of 20,408 yuan + one-time medical subsidy for work-related injuries of 5,102 yuan = 45,918 yuan.
If the party concerned is not satisfied with the disability assessment, he or she may apply to the labor department of the province, autonomous region, or municipality directly under the Central Government for a reassessment within 15 days of receiving the assessment.
The labor department at the next higher level shall make a decision on reassessment within 30 days after receiving the application for reassessment. If the injured person applies for a re-evaluation to the social labor department at the next higher level after 15 days, the department may not accept the application. Second, the evaluation of the injuries is final, and the results are not actionable.
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How much, you can calculate it yourself. Because the data is different, the results are different. I'll give you a list of all the items.
1. Medical expenses, 2. Hospitalization meal subsidy, according to the standard subsidy of 70% of the unit's business trip, the calculation period is the hospitalization period;
3. Transportation expenses, accommodation expenses;
4. If a grade 9 disability requires assistive devices, you can also claim compensation for "assistive device fees". If not, there is no such compensation;
5. Suspension of work and salary, this calculation period is generally from the time of the work-related injury to the date of determination of the disability level, in principle, not more than 12 months, and this period is paid according to the original salary;
6. Those who need nursing, that is, those who cannot take care of themselves, can ask for "nursing fees", and if they are level 9, they should only need nursing care during the period of suspension of work, and this nursing fee can be calculated according to the income level of local nursing workers.
2) If the person who needs nursing care after the assessment is disabled, and is completely unable to take care of himself, he or she shall be 50% of the average monthly salary of the employee in the previous year; Most of them are unable to take care of themselves, and 40% of the average monthly salary of employees in the previous year will be planned; Some of them are unable to take care of themselves, and 30% of the average monthly salary of employees in the previous year will be coordinated
7. One-time disability subsidy, level 9 is 8 months' salary (or local per capita income, whichever is higher).
8. The one-time employment allowance and the one-time medical allowance are calculated for 10 months and 12 months respectively, which is the same as the disability benefit. There is no one-time employment allowance if the employment relationship is retained.
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In terms of compensation alone, it is 9 months' salary.
Other medical expenses, transportation and accommodation expenses will be reimbursed according to the actual expenses.
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Legal Analysis: Level 9 Work-related Injury Compensation includes: (1) A one-time disability subsidy is paid from work-related injury insurance** according to the level of disability, and the standard is:
9 months' salary; (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 benchmark standard for a one-time work-related injury medical subsidy is: 50,000 yuan.
The benchmark standard for a one-time disability employment subsidy is: 10,000 yuan. Before the disability compensation, the disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and according to 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 injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.
Legal basis: Civil Code of the People's Republic of China
Article 1184: Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market or other reasonable methods at the time the losses occurred.
Article 1182:Where the infringement of the personal rights and interests of others causes property losses, compensation is to be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer as a result; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.
Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstacles, or eliminating dangers.
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Legal basis: Regulations on Work-related Injury Insurance
Article 37 Delay?
Employees who are identified as having a seventh-level to tenth-level disability 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 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 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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1. There are three types of compensation for the assessed disability: one-time disability allowance, one-time disability re-employment payment, and one-time medical subsidy.
2. If the labor contract is terminated with the unit, you can get a one-time disability reemployment allowance and a one-time medical re-employment subsidy, but if you do not terminate the labor contract, you will not get it. The compensation for the three items shall be based on the provisions of the "Work-related Injury Insurance Regulations" of the place where you are injured at work, and shall also be related to the average social security basic salary paid by you in the previous year for 12 months. For the 12-month average salary, the Social Security Bureau will compensate you for the 12 average basic wages of the previous year, not your actual income salary!
Such as your monthly income.
5000, but the basic salary of the unit to buy social security for you is.
2000, then the benefit is based on 2000 per month and multiplied by the number of months specified in your disability level. So it's not good to be accurate with this data. However, you can claim that the compensation base of the lump sum disability reemployment payment is calculated according to your actual wage income.
3. The compensation standards stipulated in the "Regulations on Work-related Injury Insurance" issued by various provinces, autonomous regions and municipalities directly under the Central Government vary greatly, some are calculated according to your average income in the previous year for 12 months, and some are directly listed which level of specific money.
4. The following examples are the 9-level disability compensation standard stipulated in the "Regulations on Work-related Injury Insurance" of Guangdong Province: one-time disability subsidy: compensation for 9 months' salary.
One-time disability re-employment payment: compensation for 8 months' salary. One-time Medicaid:
Compensation for 2 months' salary. The standard of 9-level disability compensation stipulated in the "Regulations on Work-related Injury Insurance of Zhejiang Province": one-time disability subsidy:
Compensate me for 9 months' salary. One-time disability reemployment payment: 4 months' salary will be compensated.
One-time medical subsidy: 4 months' salary. The 9-level disability compensation standard stipulated in the "Regulations on Work-related Injury Insurance" of Jiangsu Province:
The benchmark standard for a one-time work-related injury medical subsidy is: 50,000 yuan for level 9. The benchmark criteria for the one-time disability employment benefit are:
Level 9 2 50,000 yuan. The lump sum disability benefit is not specified. (It should be 9 months' salary).
The people of cities divided into districts can determine the standards of one-time medical subsidies for work-related injuries and one-time employment subsidies for disability according to the local economic development level and residents' living standards according to the local economic development level and residents' living standards, and report to the provincial social insurance administrative department for the record.
1. For Grade 9 disability due to work-related injury, you can apply for a one-time disability subsidy in the work-related injury treatment after the results of the labor ability appraisal come out. When the employment relationship with the employer is terminated, you can receive a one-time employment subsidy and a one-time medical subsidy. >>>More
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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
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