Ten-level disability price in Fugu County

Ten-level disability compensation standard

1. One-time disability allowance is 6 months, which shall be paid by social security institutions. The compensation base is 255 1 yuan× 6 months = 15306 yuan.

2. If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time disability employment subsidy of 4 months ×255 1 yuan = 10204 yuan. One-time medical subsidy for work-related injuries 1 month ×255 1 yuan =255 1 yuan. One-time disability allowance 15306 yuan one-time disability employment allowance 10204 yuan one-time work-related injury medical allowance 255 1 yuan =2806 1 yuan.

The difference between industrial injury and compensation for labor damage;

(a) the main responsibility is different. The subject of industrial injury compensation is limited. Article 2 of China's labor law clearly stipulates. Employers refer to enterprises and individual economic organizations. The subject of labor damage compensation can be a natural person or an enterprise or individual economic organization.

(2) The relationship between subjects is different. There must be a labor relationship between the obligee and obligor of work-related injury insurance, which does not constitute a work-related injury. General compensation for personal injury is not restricted by labor relations.

(3) The nature of responsibility is different. The essence of industrial injury insurance is the labor contract relationship, mainly the obligation in the Labor Insurance Law, while the general employment service compensation is the tort liability (except the personal injury compensation caused by mismanagement) and the obligation in the Civil Law.

(4) The principle of imputation is different. Industrial injury insurance is subject to no-fault liability, and labor compensation is subject to fault liability. If it is a general infringement, it must also have four elements of damage.

(5) Different in nature. Work-related injuries must be recognized by the labor department, and compensation for work-related injuries does not need to be confirmed. Work injury identification is valid and qualified by the labor department. The labor department has the right to determine whether the employee's injury is a work-related injury, and the determination of other departments is invalid.

(6) The burden of proof is different. Compensation for work-related injuries can only be exempted from liability, unless the employer proves that the damage was intentionally done by the victim. However, compensation for labor damage is based on who advocates who gives evidence, and all compensation facts must be given by the obligee.

(7) The compensation limit is different. The time limit for industrial injury compensation is 60 days. If the victim of labor remuneration knows and knows that his rights have been infringed, he can bring a lawsuit to the people's court within three years to request legal protection, or directly claim reconciliation with the employer and the relevant units, and the time limit for claiming rights is interrupted.

(8) Different handling procedures. If the mediation of work-related injuries fails, a lawsuit can only be brought through labor dispute arbitration (arbitration pre-position). After the work-related injury is determined, the work-related injury compensation shall be applied to the labor arbitration department for adjudication, except that the mediation limitation of the enterprise mediation committee is interrupted. Failing to make a ruling within the time limit shall be deemed as a waiver of rights. If no lawsuit is filed within 15 days after the award, it shall be deemed as recognition of the arbitral award. After the arbitration award, those who refuse to accept it may take legal proceedings. Compensation for labor damage can be solved directly through litigation.

(9) The scope and standard of compensation are different. Industrial injury compensation aims at ensuring the minimum living of workers. The scope of compensation is limited to personal injury, and the amount of compensation is limited by legal standards. Unified standards have been formulated for different levels of work-related injuries. Compensation for work-related injuries according to standards. And it's not disposable. General personal injury compensation is to fill the damage of the victim, and the scope of compensation includes damage and interests. Generally refer to the road traffic accident compensation standard for compensation. Under normal circumstances, compensation is one-off. The most obvious thing is that you can claim spiritual comfort money.

(10) The applicable laws are different. Industrial injury compensation is governed by labor law and industrial injury insurance regulations, while industrial injury compensation is governed by civil legal norms. Directly under the jurisdiction of the relevant provisions of the Civil Tort Liability Law and the responsibilities and principles stipulated.

legal ground

"Regulations on Work-related Injury Insurance" Article 37 Employees whose work-related disability is identified as level 7 to level 10 disability shall enjoy the following benefits:

(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The criteria are: level 7 disability 13 months, level 8 disability 1 1 month, level 9 disability for 9 months and level 10 disability for 7 months;

(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. Specific standards for one-time medical subsidies for work-related injuries 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.