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How to inquire about the amount of compensation for work-related injuries

How to inquire about the amount of compensation for work-related injuries 1? Injuries at work belong to work-related injuries. Specifically, you can apply for work-related injury identification first, and you should do it within one year from the date of the work-related injury accident. After the work-related injury is identified, the labor ability is appraised and compensation is made according to the appraisal result. According to local standards and actual compensation: medical expenses, lost time, nursing expenses, hospital food subsidies, one-time disability subsidies. If you resign or terminate the contract, you should also pay a one-time work-related injury medical subsidy and a one-time disability employment subsidy. 2. After the injury is stable, you can do the work injury level appraisal. If the unit pays work-related injury insurance for you, the work-related injury compensation shall be paid by the work-related injury insurance fund; If the unit fails to pay work-related injury insurance for you, all compensation for work-related injury insurance will be paid in full by the unit.

If the employment contract expires, or the employee himself proposes to terminate the employment contract, the industrial injury insurance fund will pay the one-time medical subsidy for work-related injuries, and the employer will pay the one-time disability employment subsidy. One-time medical subsidy for work-related injuries

Wages during work-related injuries are paid according to the wage standard of normal working hours.

The amount of compensation for work-related injuries must first be recognized as work-related injuries (within one year). After doing the work-related injury identification. Finally, according to the level of disability compensation.

How to determine the amount of compensation for work-related injuries 1 Compensation for work-related injuries is determined according to the level of work-related injuries.

2. Within one month of the accident, the unit shall apply to the local social security department for work-related injury identification. If the unit does not take the initiative to apply, the laborer himself or his family members may apply to the local social security department for work-related injury identification.

3. After the injury is stable or healed, carry out work-related injury appraisal, and determine the compensation standard for work-related injury according to the appraisal level.

4. Compensation for work-related injuries includes:

(1) Compensation paid according to the actual situation: medical expenses, food subsidies, transportation and accommodation expenses, expenses for installing artificial limbs, orthotics, artificial eyes, dentures, wheelchairs and other auxiliary devices, original wages and benefits during paid shutdown, and living care expenses.

(2) Compensation according to the level of industrial injury: disability allowance, one-time disability allowance, one-time medical allowance for industrial injury and one-time employment allowance for disability.

How to calculate the amount of compensation for work-related injuries? The standards and calculation methods of compensation in the Regulations on Work-related Injury Insurance promulgated by various provinces, autonomous regions and municipalities directly under the Central Government are different, and there are certain regional differences. On the issue of industrial injury claims, I can provide you with a reference data, calculated according to the compensation standard stipulated in the Regulations on Industrial Injury Insurance issued by various places.

There are three kinds of compensation for those who reach the minimum level of 10 or above, namely: one-time disability subsidy (paid by social security to the injured), one-time medical subsidy (paid by social security to the injured-some areas stipulate that this compensation is paid by enterprises to the injured) and one-time disability re-employment subsidy (paid by enterprises to the injured).

If you don't terminate the labor contract (that is, you are still working in this unit), you can only get a one-time disability subsidy (in some places, you can also get a one-time medical subsidy if you don't terminate the labor relationship); If you terminate the labor contract with the employer, you can get a one-time disabled re-employment fund and a one-time medical subsidy; If the labor contract has not been terminated, it will not be collected temporarily.

The following is an example of the ten-level disability compensation standard stipulated in the Regulations of Guangdong Province on Industrial Injury Insurance:

One-time disability allowance: compensation for 7 months' salary.

One-time disabled re-employment fund: compensate me for 4 months' salary.

One-time Medicaid: compensate me 1 month salary.

Hubei Province's "Regulations on Work Injury Insurance" also stipulates that if the labor contract expires or the employee proposes to terminate the labor contract, the employer will pay a one-time work-related injury medical subsidy and disability employment subsidy. One-time medical subsidy standard for work-related injuries: the average monthly salary of employees in the overall planning area is 14 months for level 7 disability, 12 months for level 8 disability, 10 months for level 9 disability and 8 months for level 10 disability; The standard of one-time disability employment subsidy: level 7 disability is 20 months of the average monthly salary of employees in the overall planning area, level 8 disability is 16 months, level 9 disability is 12 months, and level 10 disability is 8 months.

And the ten-level disability compensation standard stipulated in the Regulations of Zhejiang Province on Industrial Injury Insurance:

One-time disability allowance: compensation for 7 months' salary.

One-time disabled re-employment fund: compensate me for 2 months' salary.

One-time Medicaid: compensate me for 2 months' salary.

In the Regulations of Sichuan Province on Industrial Injury Insurance, the compensation standard for level 10 disability is:

One-time disability allowance: six months' salary.

One-time disability employment subsidy: paid for four months.

One-time medical subsidy for work-related injuries: paid for one month.

Ten-level disability compensation standards stipulated in the Regulations of Jiangsu Province on Industrial Injury Insurance:

The benchmark standard of one-time medical subsidy for work-related injuries is: 30,000 yuan for ten grades.

The benchmark standard of one-time employment subsidy for the disabled is: ten levels10.5 million yuan.

One-time disability allowance is not clear. (It should be seven months' salary).

My salary refers to the average monthly payment salary of the employees who suffered work-related injuries in the first 12 months due to accidents or occupational diseases in this unit. If the unit pays work-related injury insurance premiums for workers with work-related injuries for less than 12 months, the average monthly payment salary shall be calculated according to the actual number of months. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.

If the employer fails to purchase social security for employees, the above compensation shall be borne by the employer with reference to the above compensation standards.

By the way, when some employers calculate their average salary 12 months before injury, they calculate it according to the actual income, and some calculate it according to the basic salary of the social security payment base. There is a huge difference between them! For example, the one-time disability allowance for level 10 disability compensation is calculated according to 7 months' salary. Assuming that your average actual income and salary before injury 12 months is 5000 yuan, then 7 times 5000 equals 35000 yuan; However, the calculation of the Social Security Bureau is based on the payment of wages. The average work-related injury social security payment salary base unit of 02 months before your injury is 65438+ 2000 yuan for you. If the Social Security Bureau settles the one-time disability allowance, it is 7 times 2000 equal to 14000 yuan. Then 35000 minus 14000 equals 2 1000, which is a huge difference. Then this 2 1 0,000 yuan will be replenished to you by the employer (that's what our unit does), and the wages for shutdown with joint pay are calculated according to the normal attendance wages of the injured. For example, his salary at work is 7,000 yuan a month, and he can't go to work because of work-related injuries, and he pays 7,000 yuan to the injured as usual every month. Most enterprises can't do this, and pay the basic salary at most. That is to say, if your normal monthly income is 7,000 yuan and the basic salary is only 2,000 yuan, then only 2,000 yuan (or according to the regional average salary) will be paid to the injured person, including one-time medical assistance and one-time disability employment subsidy. Many enterprises are unwilling to compensate the injured according to the actual income, mainly because the calculated compensation will lead to heavy burden and high cost, so most enterprises calculate the compensation for the injured according to the social security payment salary (or according to the regional average payment salary). From the perspective of workers, enterprises can be required to calculate compensation according to actual wages. It can even be said that in addition to the three social security compensation, we can also ask the enterprise to make compensation (of course,

The Regulations on Work-related Injury Insurance stipulates that employees who are disabled due to work and are identified as level 8 disabled enjoy the following benefits:

(1) paid by the industrial injury insurance fund: the one-time disability subsidy is my 10 monthly salary;

(2) If the labor contract expires or the laborer himself proposes to terminate the labor contract, the employing unit shall pay the one-time work-related injury medical subsidy and disability employment subsidy according to the standards stipulated by provinces, autonomous regions and municipalities directly under the Central Government (note: the compensation standards vary from place to place).

My salary refers to the average monthly payment salary of the injured workers before 12 months due to work-related accidents or occupational diseases. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.

Article 23 of the Regulations for the Implementation of the Labor Contract Law stipulates that if an employer terminates the labor contract of an injured employee according to law, it shall not only pay economic compensation in accordance with the provisions of Article 47 of the Labor Contract Law, but also pay a one-time work-related injury medical subsidy and disability employment subsidy in accordance with the provisions of the state on work-related injury insurance.

How much can you compensate? Only when you know the average monthly salary of local employees in the previous year, as well as the one-time industrial injury medical subsidy and disability employment subsidy in the local city, can you accurately calculate it.

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If the labor contract is not signed, the amount of compensation for work-related injuries of Grade 8 will not affect the compensation. Disability allowance is a one-time allowance 10 month of my salary. If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

If the amount of compensation for work-related injuries belongs to work-related injuries, you may request compensation for work-related injuries. The expenses that can be claimed include: medical expenses, food subsidies for the injured during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, etc.

Hello, you can sue the court and ask the employer to bear the liability for compensation. As for the amount of compensation, according to local standards, the whole country is different.

Urgent for the amount of compensation for work-related injuries Article 22 Employees whose work-related disabilities are identified as Grade I to Grade IV shall quit production and work, terminate labor relations with enterprises, issue certificates of work-related injuries and disability pensions, and enjoy the following benefits:

(a) receive a monthly disability pension, the standard is 90% to 75% of my salary. Among them: Grade I 90%, Grade II 85%, Grade III 80% and Grade IV 75%.

(two) to issue a one-time disability allowance, which is equivalent to the wages of disabled workers for eighteen to twenty-four months. In which: Grade I is 24 months, Grade II is 22 months, Grade III is 20 months, and Grade IV 18 months.

(three) according to the relevant provisions of medical insurance, personal burden is difficult, the industrial injury insurance fund to give appropriate subsidies.

(four) relocation, to the province, autonomous region and municipality directly under the central government, the average wage of employees in the previous year for six months. Travel expenses, accommodation fees, baggage handling fees and food subsidies required for business trips shall be reimbursed according to the standards for business trips of employees of this unit.

Twenty-third work-related disability was identified as one to four, in accordance with the provisions of article twenty-second of these measures to receive treatment. When reaching retirement age, the disability pension will continue to be paid by the industrial injury insurance fund. If the disability pension is lower than the pension standard calculated and issued according to the provisions of the old-age insurance, the difference shall be made up by the industrial injury insurance fund according to the pension standard. At the same time, the social insurance agency will transfer the individual contributions of employees' personal accounts in the endowment insurance fund to the industrial injury insurance fund.

Twenty-fourth employees who are disabled due to work are identified as five to ten. In principle, enterprises will arrange appropriate jobs and enjoy the following benefits:

(a) according to the level of disability, a one-time disability allowance is paid, and the standard is equivalent to the salary of disabled workers for six to sixteen months. Among them: grade five 16 months, grade six 14 months, grade seven 12 months, grade eight 10 months, grade nine 8 months and grade ten 6 months.

(two) when I reduce my salary due to disability, the unit where I work will issue an on-the-job disability allowance, and the standard is to reduce my salary by 90%. When my skills are improved and my salary is raised, the on-the-job disability allowance will be retained.

(three) the recurrence of old injuries is confirmed to need treatment and rest, and enjoy medical treatment and work-related injury allowance in accordance with the provisions of these measures.

(four) the degree of disability assessment for five or six and the enterprise is difficult to arrange work, a monthly disability pension equivalent to 70% of my salary.

(5) The disability rating is 7- 10. With the consent of the enterprise, employees who want to find their own jobs or choose other jobs after the expiration of the labor contract can be given a one-time disability employment subsidy. The specific standards are determined by the labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government according to the actual situation.

The amount of compensation for finger injury is 1. At least level 10 disability.

Ten-level industrial injury and occupational disease identification standard

(26) The distal finger of any finger except the thumb is cut off or loses its function;

2. Grade 10 disability is my salary for 6 months; In addition, illegal operation will become the defense reason that the factory underpays your father's salary.

3. If the labor contract expires, or the employee proposes to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy.

4. If your father is injured by an accident, the unit shall apply to the labor and social security administrative department of Xiyang County for work-related injury identification within 30 days from the date of the accident. Compensation shall be negotiated after disability appraisal.