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Anonymous users2024-02-16The above link is a link to the Work-related Injury Appraisal Standards.
According to the questioner, second-stage silicosis combined with calcified tuberculosis is a fourth-degree work-related injury.
According to Article 21 of the Regulations on Work-related Injury Insurance, after the condition is stabilized, the working ability appraisal is required, and after a strict examination, it will be determined that the person has several levels of disability.
According to Article 33 of the Regulations on Work-related Injury Insurance, after a work-related injury is determined, a person can enjoy a suspension of work with pay for 12 months. It can be extended for an additional 12 months upon approval. Wages and benefits remain unchanged.
According to Article 35 of the Regulations on Work-related Injury Insurance, if a person is deemed to have a fourth-degree disability, he or she can enjoy a one-time disability allowance of 21 months' salary. After the disability assessment, the original benefit will be suspended, and the disability allowance of 75% of the monthly salary will be enjoyed. Continue to enjoy medical treatment for work-related injuries.
According to Article 36 of the Regulations on Work-related Injury Insurance, if the labor contract is terminated, the employee can enjoy a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability.
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Anonymous users2024-02-15Level 4 Disability Negotiate with the company.
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Anonymous users2024-02-14Legal analysis: the second phase of silicosis fourth-level disability compensation is related to my pre-spontan salary, silicosis is an occupational disease, divided into level 1 to 10, the first level is the most serious, the general staff with occupational diseases can claim and have related pension insurance, the amount of compensation has different standards in different places, and the travelers should refer to the local minimum living standards.
Legal basis: Regulations on the Administration of Work-related Injuries Article 32 If an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of living care, he or she shall pay a monthly living care fee from the work-related injury insurance.
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Anonymous users2024-02-13Approximate basic level, the second phase can be between level 4 and level 6. However, the final basis for compensation needs to be implemented according to the level determined by the work-related injury appraisal department. It is recommended that the work-related injury determination be implemented first.
Lung is an occupational disease, divided into level 1 to 10, the first level is the most serious, the general staff with occupational diseases can claim and have the relevant endowment insurance, the amount of compensation has different standards in different places, which also refers to the local minimum living standards, according to the "Regulations on the Administration of Work Injuries": Article 32 If an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to need living care, he or she shall pay monthly living care expenses from 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.
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Anonymous users2024-02-12According to the Regulations on Work-related Injury Insurance, employees who are injured at work and are identified as having a fourth-grade 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 21 months' salary;
7. The labor ability appraisal fee shall be paid by the work-related injury insurance**;
8. Retain the labor relationship, quit the job, and pay the disability allowance from the work-related injury insurance** according to 75% of the person's salary, and the actual amount of the disability allowance is lower than the local minimum wage standard, and the work-related injury insurance** will make up the difference; The employer and the individual employee shall pay the basic medical insurance premium based on the disability allowance.
After the injured employee reaches the retirement age and goes through the retirement procedures, the disability allowance shall be suspended, and the basic old-age insurance treatment shall be enjoyed in accordance with the provisions of the state, and the basic old-age insurance treatment shall be made up by the work-related injury insurance if the basic old-age insurance treatment is lower than the disability allowance.
9. If there is an obstacle in self-care, the work-related injury insurance** shall pay the living care allowance on a monthly basis according to the standard confirmed by the Labor Ability Appraisal Committee.
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.
If the employer does not participate in work-related injury insurance, the employer shall pay all expenses.
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Anonymous users2024-02-11It is an occupational disease and should be managed by the unit. This can be claimed for a lump sum disability allowance of 18 months' salary and a monthly disability allowance of 75 per cent of the person's salary.
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Anonymous users2024-02-10Legal analysis: the second phase of silicosis fourth-level disability compensation is related to my salary, silicosis is an occupational disease, divided into a level 10 Xiangxun to 10 level blind, the first level is the most serious, the general staff with occupational diseases can claim this compensation and have related pension insurance, the amount of compensation has different standards in different places, but also refer to the local minimum living standards.
Legal basis: Article 32 of the Regulations on the Administration of Work-related Injuries Article 32 If an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, he or she shall be paid a monthly living care fee from the work-related injury insurance.
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Anonymous users2024-02-09Legal analysis: the second phase of silicosis fourth-level disability compensation is related to my salary, silicosis is an occupational disease, divided into level 1 to 10, the first level is the most serious, the general staff with occupational diseases can claim and have related pension insurance, the amount of compensation has different standards in different places, but also refer to the local minimum living standards.
Legal basis: Article 34 of the Regulations on Work-related Injury Insurance If an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, he or she shall pay a monthly living care fee 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.
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