How to compensate for grade 4 disability and compensation for grade 4 disability

According to the division of liability, if the other party bears full responsibility (whether it is traffic accident liability, tort liability, or fault liability), the disability compensation shall be: the per capita disposable income of urban residents (rural residents) in the previous year at the location of the people's court where the lawsuit is filed x 20 years x 70%, plus expenses such as lost work (calculated according to the actual loss if there is a salary, and the reference disability compensation base for no income is calculated according to the period of lost work), medical treatment, post-medical treatment, assistance with disability equipment, living expenses of the dependent (dependent), appraisal, transportation, etc.

If both parties are responsible, they shall bear it according to the proportion of responsibility; If it is a motor vehicle traffic accident, if the motor vehicle and non-motor vehicle have an accident, the motor vehicle shall bear 10% more responsibility.

Legal analysis: 1. A one-time disability subsidy will be paid according to the level of disability from work-related injury insurance**, and the fourth-level disability will be 21 months' salary; 2. Disability allowance is paid on a monthly basis from work-related injury insurance**, and the fourth-grade disability is 75% of the employee's salary. If the actual amount of disability allowance is lower than the local minimum wage standard, the difference shall be made up by work-related injury insurance**; 3. After the injured employee reaches the retirement age and goes through the retirement procedures, the disability allowance shall be suspended and the basic pension insurance treatment shall be enjoyed in accordance with the relevant provisions of the state.

If the basic pension insurance treatment is lower than the disability allowance, the difference shall be made up by the work-related injury insurance**.

Legal basis: "Regulations on Work-related Injury Insurance" Article 39 If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions: (1) The funeral subsidy shall be 6 months of the average monthly wage of employees in the overall area in the previous year.

2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department. (3) The standard of one-time work-related death subsidy shall be 20 times the per capita disposable income of urban residents in the previous year.

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article. Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

(1) Treatment (medical) expenses. **The cost of work-related injury must meet the requirements of the work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug list, and the work-related injury insurance hospitalization service standards.

2) 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 of the unit for business trips.

3) Transportation, room and board expenses for medical treatment in other places. If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes.

4) **** fee. The expenses incurred by the injured employee to the medical institution that has signed the service agreement shall be paid from the work-related injury insurance if they meet the provisions of the third paragraph of this article in the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the work-related injury insurance hospitalization service standards.

5) Assistive device fee. Due to the needs of daily life or employment, the injured employee can be fitted with prostheses, orthoses, artificial eyes, dentures and wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards stipulated by the state.

6) Wages for the period of suspension of work. If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.

7) Living care expenses. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible. If the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, the living care expenses shall be paid on a monthly basis from the work-related injury insurance**.

The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot 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.

As far as the one-time disability subsidy for the fourth-level work-related injury is concerned, the monthly salary of some employees may be as high as tens of thousands of yuan, and then they can receive a one-time disability compensation of more than 200,000 yuan. On the contrary, if the monthly salary standard is a few thousand yuan, the compensation standard of the one-time disability subsidy specific to the individual is relatively small, and the medical expenses and auxiliary equipment fees will not be the same.

1. What is the standard of compensation for work-related injuries with grade 4 disability?

The basis of the fourth-level disability compensation standard is Article 35 of the Regulations on Work-related Injury Insurance, which stipulates that if an employee is identified as a first-level to fourth-grade disability due to work-related disability, he or she shall retain the labor relationship, quit his job, and enjoy the following benefits: a one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance, and the standard is: 21 months' salary for the fourth-level disability; Wait a minute.