How much can you pay for a grade 8 work injury

Legal subjective:

How much can you pay for a grade 8 work injury 1. A one-time disability benefit of 10 months, paid by the social security agency. Compensation base 2551 yuan × 10 months = 25510 yuan. 2. the termination of the labor contract, or the employee himself or herself proposed the termination of the labor contract, the employer to pay a one-time disability employment benefits 15 months × 2551 yuan = 38,265 yuan, a one-time medical benefits for work-related injuries 4 months × 2551 yuan = 10,204 yuan. The one-time disability benefit of 25,510 yuan + one-time disability employment benefit is 38,265 yuan + one-time work injury medical benefit of 10,204 yuan = 73,979 yuan. Relevant laws So according to the provisions of the Regulations on Work Injury Insurance, injured workers have the right to receive medical assistance and economic compensation, the treatment enjoyed by the eighth grade disabled workers is the eighth grade work injury compensation standards. Compensation for eighth-degree disability includes compensation for medical expenses, lost wages, nursing costs, transportation costs, accommodation costs, hospital food subsidies, necessary nutritional expenses, disability compensation, disability aids, dependent living expenses, as well as rehabilitation care, continued treatment of the actual occurrence of the necessary rehabilitation costs, nursing costs, follow-up treatment costs, moral damages, and so on. Related knowledge: specific compensation items for work-related injuries I. Medical expenses (a) registration fee. Compensation is generally made on the basis of the registration vouchers of the medical treatment unit. (B) test fees. Based on the need for diagnosis and treatment of injuries, the expenses incurred for tests at the request of the treatment unit shall be compensated. The amount of compensation shall be recognized on the basis of the treatment unit's examination documents, diagnostic certificates and corresponding fee vouchers, but the victim shall not be compensated for the expenses incurred by the victim in conducting unnecessary tests as evidenced by the evidence. Costs incurred for tests conducted without the permission of the treatment unit shall not be compensated, unless the victim has a valid reason (c) Medical expenses. Compensation shall be paid for the cost of medicines purchased according to the prescription of the treatment unit based on the need for treatment and rehabilitation of the injury. The amount of compensation shall be recognized on the basis of the prescription documents, diagnostic certificates and corresponding fee vouchers of the treatment unit. However, the victim shall not be compensated for the expenses incurred by the victim for the purchase of medicines or other items that are not related to the treatment of the injury or the recovery of the victim's body, unless the victim has proof of such expenses. (d) Treatment costs. Compensation is generally made on the basis of the diagnosis and treatment documents of the treatment unit (e) Hospitalization expenses. Compensation is generally made on the basis of the diagnostic certificate and hospitalization bill of the treatment unit, but the victim shall not be compensated for the hospitalization fee paid when there is evidence proving that the victim's injuries are significantly less serious and do not need to be hospitalized, or that the injuries have been cured and should be discharged from the hospital, but the victim is still hospitalized. Without the permission of the initial treatment unit, unauthorized transfer to the hospital to receive treatment and purchase of medicines paid for the costs are not compensated, unless the victim has a valid reason. Lost wages Lost wages refer to the reduction of the victim's legitimate income due to the physical injury and inability to work normally. The calculation of lost wages shall take into account the time lost from work and the victim's legitimate income standard: (1) Lost time from work. This refers to the amount of time that the victim is delayed from working due to the injury. The time lost at work shall generally be determined by reference to the certificate issued by the medical institution where the victim received treatment or by forensic identification, and may also be determined in accordance with the victim's actual degree of damage, recovery status and other circumstances. The victim's injury is significantly minor does not affect the normal work, only calculate the consultation, change the medicine on the day of lost wages; the victim's injuries are minor without hospitalization, lost time from the date of cessation of work due to injuries to the actual date of recovery; the victim is discharged from the hospital when the injuries are still not healed. The time lost from work shall be calculated from the date of cessation of work due to the injury to the date of actual recovery from the injury. If the victim is injured and disabled, the time lost from work shall be calculated from the date of cessation of work due to the injury to the date of determination of disability. If the victim dies as a result of medical treatment, the time lost from work shall be calculated from the date of cessation of work due to the injury to the date of death. (If the victim has a fixed income, the amount of the actual loss of income shall be calculated according to the amount of the fixed income; however, if the actual income exceeds five times the average wage of the employees of the previous year in the place where the court under appeal is located, the amount shall be calculated according to five times the average wage of the employees of the previous year in the place where the court under appeal is located. If the victim does not have a fixed income, or if he/she has an irregular income in addition to a fixed income, the amount shall be calculated with reference to the average income of the last one year to three years prior to the date of injury. If the victim cannot prove his/her average income for the last one to three years, the victim shall refer to the average income of the same labor force in the same industry or similar industry in the place where the court under appeal is located for the previous year. If the victim does not have a job or is mainly engaged in household labor due to retirement, the victim's average income shall be calculated with reference to the average income of the residents in the previous year as announced by the local statistical department at the county (city) level. If the victim is engaged in agricultural production and misses work during the farming period due to the injury, the cost of lost work is calculated with reference to twice the average income of rural residents in the previous year as published by the local county (city) level statistical department. Nursing fee Nursing fee refers to the loss of work lost due to nursing the victim or the expenses incurred in hiring the necessary nursing staff. Calculation of nursing fees shall take into account the number of nursing hours and the proper income standards of the nursing staff: (a) The number of nursing staff. Generally shall not exceed two persons, if not hospitalized or still necessary for care after discharge, the caregiver shall be one person (ii) Nursing time. Limited to the period of time during which the victim is unable to care for himself or herself or is unable to care for himself or herself completely as a result of the injury. (iii) Standard of justifiable income of the caregiver. Generally should be calculated with reference to the legitimate income standard of the victim's lost wages; hired nursing care, the amount of compensation for nursing fees according to the local nurse engaged in the same level of nursing labor compensation standards confirmed. However, the maximum amount of compensation for labor costs shall not exceed two times the average income of the service industry in the previous year published by the statistical department of the county (city) level where the victim is located; the victim is unable to regain the ability to take care of his own life due to disability, and requests compensation for the future care costs, can be calculated in accordance with the actual age of his disability and the per capita life expectancy of the location of the court in accordance with the years of difference in the period of care, but the minimum of not less than five years, and the maximum maximum of not more than 20 years. . Where the cost of fitting a functional prosthesis has been awarded, no consideration is given to the cost of future care. Hospitalization meal allowance The hospitalization meal allowance is a reasonable compensation for the victim's meal expenses during hospitalization. The hospitalization meal allowance is calculated on the basis of the actual hospitalization time, with reference to the business trip meal allowance standard for general state employees in the victim's location. V. Nutritional Expenses Necessary nutritional expenses refer to the reasonable expenses paid for the purchase of nutritional food that the victim really needs to supplement for the purpose of assisting in the treatment of the victim's injuries, which have reached the level of minor injuries (including minor injuries) or above. The court shall determine whether or not to compensate the victim based on his/her disability and the opinion of the treating organization. The amount of compensation for nutritional expenses is generally ten to fifteen dollars per day; the time period for calculating compensation for nutritional expenses is calculated on the basis of the actual period of time during which nutritional supplements are needed to restore the injury. However, the maximum period of compensation shall not exceed six months. Transportation and lodging expenses Transportation and lodging expenses for medical treatment refer to the expenses incurred by the victim and the necessary caregivers who must travel by car, boat and lodging in the course of treatment of the injuries. (a) Medical transportation costs are generally recognized by the actual amount of the transportation ticket. According to the actual amount to be confirmed, the transportation bills should be consistent with the time and number of medical treatment and transfer to the hard sleeper above the train ticket fee and air ticket fee, according to the hard sleeper ticket fee; on the second class above the ship's ticket fee, according to the second class ship's ticket fee; but the victim due to the seriousness of the injuries require emergency rescue and must take the plane or chartered car to hospital or transfer to the hospital to pay for the transportation costs, should be given a reasonable compensation. (ii) Medical accommodation costs. Generally, the actual amount of lodging expenses shall be recognized by the lodging bills, which shall be consistent with the time and number of medical treatment and transfer to the hospital. The maximum amount of compensation for each day's lodging expenses shall not exceed the standard daily lodging expenses for business trips of general state employees in the location of the victim. The actual costs incurred by the victim when it is necessary for the victim to receive medical treatment outside the country and he or she cannot be hospitalized due to objective reasons, including the accommodation and food costs of the victim himself or herself as well as those of his or her caregivers, shall be compensated for the reasonable portion of the costs incurred. Disabled Appliance Expenses Disabled Appliance Expenses refers to the expenses incurred by the disabled person in equipping functional or decorative disabled appliances for the purpose of restoring the function of limbs or compensating for the physical defects caused by the injuries. If the victim requests compensation for the cost of disability appliances, he/she shall provide a certificate or appraisal opinion from the medical unit or prosthetic fitting unit. The amount of compensation for the cost of disability appliances is generally recognized as the reasonable price of similar products of ordinary domestic appliances; the number of times the disability appliances are replaced shall be confirmed by reference to expert certificates of the relevant departments and in conjunction with the actual living conditions in the locality and the victim's remaining * years of experience. In order to equip the disability appliances must be spent on transportation, accommodation and other related reasonable costs, should also be appropriately compensated The degree of physical disability has lost the conditions for the installation of prostheses and the request for compensation for the cost of installation of prostheses shall not be supported. The amount of compensation for the installation of prostheses must be confirmed by the price of ordinary domestic appliances at the disability appliances manufacturing unit near the victim; the amount of compensation confirmed by the price of products manufactured or imported outside the mainland is generally not supported, unless the amount is lower than the price of ordinary domestic appliances. Eight, eight disability compensation eight disability compensation, the victim is disabled when the age of more than fifty years old, each additional year will be reduced by one year on the basis of twenty years; sixty years of age or older by ten years; seventy years of age or older by five years. Disability compensation compensation standard, generally according to the disability level according to the victim's local county (city) level statistics department announced the average cost of living in the previous year for the calculation of nine, indirect victim support costs Indirect victim support costs; refers to the lack of other sources of livelihood, relying on the victim's loss of capacity to work before the actual support, or loss of the victim's support after the loss of other sources of livelihood, but not enough to maintain the basic standard of living of local residents to maintain. Indirect victim support costs; refers to the costs necessary for the maintenance of basic living expenses for those who do not have other sources of living, or who have other sources of living after losing the victim's support, but are not sufficient to maintain the basic standard of living of local residents. Compensation standards for indirect victim support: (1) Calculated on the basis of the average cost of living of the previous year as announced by the statistical department of the county (city) where the victim is located, but not lower than the minimum subsistence standard for local residents. (ii) If the indirect victim has other dependents, the compensation shall be based on the victim's due share. An unborn fetus is considered an indirect victim. If the indirect victim is a minor, compensation shall also be made for the necessary expenses for receiving education. The compensation period for the indirect victim's maintenance expenses: (1) If the dependent is a final adult, it shall be calculated from the date of the victim's incapacity to work until he or she reaches the age of eighteen (2) If the dependent is an adult who is incapable of working, it shall be calculated for twenty years from the month in which the victim is incapacitated; if the indirect victim's age exceeds fifty (50), it shall be calculated for each additional year of age; if the indirect victim is over fifty years old, it shall be calculated for each additional year of age. If the indirect victim is over fifty years of age, the period of twenty years shall be reduced by one year for each additional year of age; if the victim is over sixty years of age, the period shall be calculated on the basis of ten years; if the victim is over seventy years of age, the period shall be calculated on the basis of five years. Mental damages Compensation for infringement of a natural person's right to health, but not to disability, and for infringement of a natural person's other rights or legal interests that necessitate mental damages, collectively referred to as moral consolation; the amount of moral consolation shall be determined in accordance with the "Interpretation of the Supreme People's Court on a Number of Issues Concerning the Determination of Liability for Mental Damages in Civil Tort", and shall be determined in accordance with the fault of the tortfeasor, the circumstances, effects and consequences of the tortious act, and the degree of mental damage caused to the victim, in conjunction with the amount of moral consolation paid. In order to fully safeguard the legitimate rights of traffic accident victims, this proposal due to traffic accidents, the death of their next of kin can be considered by the following factors: (a), the person liable for compensation is a unit or an individual, the other party is a unit of the unit, especially engaged in the operation of the unit can be considered to require the other party to pay more compensation; if the other party is an individual, and to consider the other side of the income level, the other side of the income of the other side of the high compensation for the other side can be required to pay some more. (B), the compensation obligation in the traffic accident in the size of the responsibility. According to the traffic accident certificate that the other party in the traffic accident is responsible for the size of the compensation obligation is fully responsible for the main responsibility or equal responsibility, you can consider requesting the other party to pay more compensation; compensation obligation is responsible for the secondary responsibility or irresponsible, you can consider requesting the other party to pay less compensation. (C), the standard of living in the place where the court is sued. The location of the court of lawsuit, the standard of living is relatively high or larger cities, you can consider requesting the other party to pay more compensation; the location of the court of lawsuit, the standard of living is relatively low or the county, you can consider requesting the other party to pay less compensation. (D), traffic accident victims are urban residents or rural residents. Traffic accident victims are urban residents can consider asking for more compensation; traffic accident victims are rural residents can consider asking for less compensation. XI, after the disability of the treatment costs after the victim is disabled, request for future treatment costs, generally not support. Although the victim is not disabled, but to continue treatment after discharge from the hospital on the grounds of hospital certificate for compensation for future treatment costs, according to the certificate is not enough to determine the cost of future treatment, generally do not support; but after the prosecution in the litigation period of treatment costs, there is evidence to support, can be calculated in accordance with the standard review of medical costs. In addition to the above costs, the victim requests compensation for other costs, after reviewing the necessity of compensation, should also be given reasonable compensation. If the person concerned chooses to resign and quit, he or she can enjoy the one-time disability benefit as well as the one-time medical benefit for work injury and the one-time employment benefit for disability at the same time.

Legal Objective:

The People's Republic of China*** and the State Social Insurance Law Article 39 Article 39 The following expenses incurred as a result of a work injury shall be paid by the employer in accordance with the provisions of the State: (1) wages and benefits during the period of treatment of the work injury; (2) monthly disability allowances for employees with fifth- and sixth-degree disabilities; (3) one-time disability employment subsidy for employees who are entitled to it at the time of termination of the labor contract or its dissolution. (c) Upon termination or dissolution of the labor contract, a one-time disability employment allowance shall be enjoyed.