The company bought commercial insurance instead of social security. My appraisal is level 9. How should I settle the claim? Please answer professionally?

The industrial injury insurance fund pays a one-time disability subsidy according to the level of disability, and the nine-level disability is my 9-month salary. If the labor employment contract expires, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund will pay a one-time medical subsidy for work-related injuries, and the employer will pay a one-time disability employment subsidy. The specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Legal analysis

1. Medical expenses: The medical expenses are determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. 2. Lost time: The lost time is determined according to the lost time and income of the victim. 3. Nursing expenses: The nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period. 4. Transportation expenses: The transportation expenses shall be calculated according to the actual expenses incurred by the victims and their necessary accompanying personnel for medical treatment or transfer to other hospitals. 5. Hospitalization food subsidy: Hospitalization food subsidy can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. 6. Nutrition fee: The nutrition fee is determined according to the disability of the victim and referring to the opinions of medical institutions. 7. Disability compensation: according to the degree or level of disability of the victim, the disability compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated as 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. If the victim is disabled due to a work-related injury, but his actual income has not decreased, or his disability level is light, but his employment is seriously affected by occupational hazards, his disability compensation can be adjusted accordingly. 8. Disability assistive devices fee: The disability assistive devices fee is calculated according to the reasonable cost standard of common applicable devices. If the injury has special needs, you can refer to the opinions of the assistive devices configuration organization to determine the corresponding reasonable cost standard. The replacement cycle and compensation cycle of auxiliary appliances are determined with reference to the opinions of the organization.

legal ground

Article 37 of the Regulations on Work-related Injury Insurance, employees who are disabled at work shall enjoy the following benefits: (1) One-time disability allowance shall be paid by the work-related injury insurance fund according to the level of disability, with the standard as follows: level 7 disability is my salary 13 months, level 8 disability is my salary 1 1 month, and level 9 disability is my salary, level 10. (two) the expiration of the labor employment contract, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a one-time disability employment subsidy. The specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.