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In the event of a work-related injury, the injured employee shall be compensated in accordance with the employment contract signed by both parties and the work-related injury insurance purchased.
However, if the relevant labor contract and work-related injury insurance contract are violated and the salary is reduced by 20 yuan per day without permission, it is a breach of contract, and the employer should apply for labor arbitration or file a lawsuit in court to require the boss to make up the work-related injury insurance and wages.
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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.
According to Articles 30, 33, 37, 62 and 64 of the Regulations on Work-related Injury Insurance, employees who are injured at work and are identified as having a Grade 10 disability shall enjoy the following benefits:
1. If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug catalog, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**;
2. The work-related injury insurance** shall pay the hospital meal subsidy according to the standards stipulated by the province or city;
3. Confirmed by the Labor Ability Appraisal Committee, the cost of installing medical equipment shall be paid by the work-related injury insurance** according to the prescribed standard;
4. If the employee suspends work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension and salary, and shall be paid by the unit on a monthly basis;
5. The employer is responsible for the nursing care during the period of hospitalization when you are unable to take care of yourself;
6. Pay a one-time disability subsidy from work-related injury insurance** for 7 months' salary;
7. The labor ability appraisal fee shall be paid by the work-related injury insurance**;
8. If the labor is dissolved or terminated, 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 shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
If the employer does not participate in work-related injury insurance, the employer shall pay all expenses.
Personal wages refer to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases at work.
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First, the work-related injury appraisal is grade 10, and a one-time subsidy should be issued by the work-related injury insurance. Second, the boss sends you that your company may not have participated in work-related injury insurance and has not paid the work-related injury insurance in full.
Third, work-related injury insurance is a kind of compensation for work-related injuries. Not wages. It cannot be deducted from wages.
There is no justification for this. You can go to labor arbitration to protect your legitimate rights and interests. You can also file a lawsuit with the court and file legal proceedings to protect your legitimate rights and interests.
Support you.
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The boss is also taking advantage of the law, but he is not breaking the law.
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Landlord. What is the meaning of a salary drop of 20 yuan a day???
If you are not satisfied with the things handled by the company, you can talk to someone in the company who can talk to them.
If you can't talk about it, you can go to the local labor bureau to consult and complain, and ask the labor bureau for arbitration.
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Summary. Hello, the social security compensation is 23,300 yuan, and the boss has no subsidy at all, which is not legal. Grade 10 disability at work-related injury enjoys the following benefits:
1.The medical expenses shall be paid in full by the employer (borne by work-related injury insurance**); 2.During the period of suspension of work and salary (during the period of work-related injury** and **), the wages shall be paid according to the original treatment (borne by the employer); 3.
If nursing care is required during the period of suspension of work with pay, the employer shall be responsible for it (the employer shall bear it); 4.Food allowance during hospitalization will be paid according to your local standard (borne by work-related injury insurance**); 5.Workers' Compensation:
1) If you continue to work in the unit and do not resign, you will enjoy a one-time disability subsidy according to the "Regulations on Work-related Injury Insurance", and the 10-level work-related injury will be 7 months' salary (borne by work-related injury insurance**). (2) If you choose to resign and quit, you can enjoy a one-time medical subsidy for work-related injuries (borne by work-related injury insurance**) and a one-time disability employment subsidy (borne by the employer) while enjoying a one-time disability subsidy.
Grade 10 disability due to work-related injury, social security compensation of 23,300 yuan, and the boss has no subsidy at all, is this legal?
Hello, the social security compensation is 23,300 yuan, and the boss has no subsidy at all, which is not legal. Grade 10 disability is entitled to the following benefits:1
The medical expenses shall be paid in full by the employer (borne by work-related injury insurance**); 2.During the period of suspension of work and salary (during the period of work-related injury** and **), the wages shall be paid according to the original treatment (borne by the employer); 3.If nursing care is required during the period of suspension of work with pay, the employer shall be responsible for it (the employer shall bear it); 4.
Food allowance during hospitalization will be paid according to your local standard (borne by work-related injury insurance**); 5.Work-related injury compensation: (1) If you continue to work in the unit and do not resign, you will enjoy a one-time disability subsidy according to the "Regulations on Work-related Injury Insurance", and the 10-level work-related injury is 7 months' salary (borne by work-related injury insurance**).
(2) If you choose to resign and quit, you can enjoy a one-time medical subsidy for work-related injuries (borne by work-related injury insurance**) and a one-time disability employment subsidy (borne by the employer) while enjoying a one-time disability subsidy.
Hello! The above is the answer I have compiled for you, if my answer is helpful to you, I hope you can give a thumbs up on my service Your praise is my motivation to move forward, thank you for your support, I wish you a happy life
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Summary. Hello, legal analysis: how much does the boss have to pay for the employee's tenth-level disability:
The amount should be determined according to the actual situation. a one-time disability benefit; a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability; disability compensation; Medical expenses; Hospitalization meal subsidy, transportation, room and board expenses; Assistive device fees; wages for the period of leave without pay; Nursing expenses during the period of leave of absence without pay, etc. It is also possible for both parties to negotiate and agree on the amount of compensation.
The specific standards shall be prescribed in accordance with the provinces, municipalities directly under the Central Government and autonomous regions.
If an employee has a grade 10 disability, how much does the boss have to pay?
Hello, legal analysis: how much does the boss have to pay for the tenth-level injury of the employee: the amount should be determined in combination with the actual situation.
a one-time disability benefit; a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability; disability compensation; Medical expenses; Hospitalization ear type food subsidy for hail, transportation, room and board; Assistive device fees; wages for the period of leave without pay; Nursing expenses during the period of leave of absence without pay, etc. It is also possible for both parties to negotiate and agree on the amount of compensation. The specific standards shall be prescribed in accordance with the provinces, municipalities directly under the Central Government and autonomous regions.
Legal basis: Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as a Grade 7 to Grade 10 disability 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:
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 provincial, autonomous regional, and municipal governments of the People's Government of the People's Republic of China.
If there is a lawsuit, the boss will have to pay those expenses, and the employee's salary is 5,500 yuan.
a one-time disability benefit; One-time Qichun Xun work-related injury medical subsidy and one-time disability employment subsidy; disability compensation; Medical expenses; Hospitalization meal subsidy, transportation, room and board expenses; Assistive device fees; wages for the period of leave without pay; Suspension of work, pay period, nursing pants, annual expenses, etc.
If the boss fails to pay social security and does not sign the contract, will he be fined?
You will not be fined, but if you do not pay social security, the cost will be paid by the boss himself.
How much is the lump sum disability benefit and the lump sum employment grant.
It depends on the local regulations.
If the salary is 5,500 yuan, how much money do you have to lose?
I did the math, about 100,000.
After signing the letter of understanding, can the employee sue?
OK. In that case, the boss needs to prepare those things, and the boss just needs to actively respond to the lawsuit.
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Summary. Hello, legal analysis: how much does the boss have to pay for the employee's grade 10 disability:
Grade 10 work-related injury is 7 months' salary. If you choose to quit your job, you can enjoy a lump sum disability allowance as well as a lump sum medical subsidy for work-related injuries and a lump sum disability employment subsidy. The specific amount is determined locally, and the amount of compensation varies from region to region.
If an employee has a grade 10 disability, how much does the boss have to pay?
Hello, legal analysis: how much does the boss have to pay for the employee's grade 10 disability: the grade 10 work-related injury is 7 months' salary.
If you choose to quit your job, you can enjoy a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability while enjoying a one-time disability allowance. The specific amount is determined locally, and the amount of compensation varies from region to region.
Legal basis: Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as a Grade 7 to Grade 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 the basic fund of 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 contract of labor or employment 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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Handling of industrial accidents.
If the employee suffers a work-related injury, the employer is responsible, and if there is a disability, the disability level assessment is also required. So, if a worker is injured at work and has a grade 10 disability, can he pay 100,000 yuan? Below, Hualu.com will introduce the specific content for you in detail.
According to the "Regulations on Work-related Injury Insurance", since it has been confirmed that it is a ten-level work-related injury, the person concerned 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.
1. Employers.
1) After an accident occurs, the employer shall send the injured person to the nearest medical institution for treatment as soon as possible and pay the medical expenses for the work-related injury in advance; After the work-related injury is identified, the medical expenses for work-related injuries that meet the requirements can be reported to the social security institution for verification or recorded in the designated medical institutions.
2) In addition to rescue, you must go to the nearest medical institution agreed by work-related injury insurance**. If it is rescued, after the injury is stabilized, it should be transferred to the hospital for work-related injury agreement in a timely manner**.
3) After the accident occurs, the employer must apply to the social security institution for recognition of work-related injury within 30 days; If the application is overdue, the employer shall bear the relevant fees before the application.
2. Laborers.
From the date of occurrence of the work-related accident or the date of diagnosis of the occupational disease, the enterprise shall report within 15 days, and the injured employee or his relatives shall apply within 15 to 30 days. Within this time, the report and application should be as fast as possible, which is conducive to the timely investigation and collection of evidence, and is conducive to the timely enjoyment of relevant benefits by injured employees.
Under what circumstances should an employee be assessed for his or her ability to work after a work-related injury?
Employees injured at work shall meet the following conditions at the same time for the appraisal of their working ability:
First, after **, the injury is in a relatively stable state;
the second is that although it has been approved, it still causes the employee to have a disability;
Third, the disability of the injured employee has reached the level of affecting the ability to work. If an injured employee meets the above three conditions, he or she shall be evaluated for his or her ability to work.
Settlement of work-related injury disputes: Different procedures should be applied to both types of disputes.
First, if the enterprise does not agree to the request of the injured employee, the employee or his relatives shall apply to the local labor dispute arbitration commission for arbitration. If the parties are not satisfied with the arbitration conclusion, they shall appeal to the court.
Second, if the enterprise or employee is dissatisfied with the decision of the local labor administrative department and the social insurance agency to determine the work-related injury or confirm the payment of benefits, it shall apply to the labor administrative department at the next higher level for administrative reconsideration; Those who are not satisfied with the conclusion of the administrative reconsideration shall file an administrative lawsuit with the court.
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Hello, whether you can get so many workers' compensation depends on where you belong first, and the only way to get workers' compensation in each place should be different.
You can go online and ask the lawyers who are injured at work in your area. For example.
Oh the lawyer !
Legal basis: Grade 7 to 10 disability Lu Xun treatment.
1. Standard: Enjoy a one-time disability subsidy: 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. Requirements: If the labor contract is terminated upon expiration, or the employee himself proposes to terminate the labor contract, the employer shall pay him a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability 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 contract (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 35 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 of the employee is higher than the average salary of the employees in the overall area of 300, it shall be calculated according to the average salary of the employees in the overall area of 300; I point out that if the salary is lower than 60 of the average wage 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.
Thanks, hope!
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. >>>More
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
This is calculated based on your salary. Level 10 disability J According to your salary, 7 months of compensation, plus a one-time employment allowance and medical allowance are generally 7 months. 21 months, about how much, you weigh it yourself, if you can pay it off in one step, you can ask for 50,000. >>>More
1. You should first ask the company to apply for work-related injury recognition, if the company department applies, you should apply to the work-related injury department of the local labor bureau within one year, otherwise after one year, you cannot apply for work-related injury recognition. >>>More
Under normal circumstances, if the employee has paid work-related injury insurance, the employer shall send the work-related injury treatment to the social security department to declare the work-related injury treatment with his or her "Work-related Injury Certificate", medical documents and relevant materials after the work-related injury medical treatment is completed. Generally speaking, from the date of application by the unit or individual, the labor department shall review the materials within 15 days, make a determination of work-related injury within 60 days, and deliver it within 20 days, and the online calculation within the prescribed period is 95 days. After the ** injury is stabilized, the appraisal can be done, generally in about 6 months, and the appraisal conclusion is made within 60 days, a total of 240 days. >>>More