The work-related injury was identified as Grade 7. Are there any disabilities and alimony? How to calculate the standard compensation formula in Shenzhen? How to settle claims? Can I apply for social

The work-related injury was identified as Grade 7. Are there any disabilities and alimony? How to calculate the standard compensation formula in Shenzhen? How to settle claims? Can I apply for social security compensation? First-class disability compensation standard

1. One-time disability allowance is 27 months, which shall be paid by social security institutions. The monthly salary of compensation base is 4595 yuan ×27 months, subtotal 124065 yuan.

2. Social security institutions pay monthly disability allowance, the standard is 90% of my salary before injury until my death.

3. Disabled employees whose household registration is not in the workplace need to receive disability pension and nursing fee in one lump sum, and sign a contract with the social security agency, and the insurance relationship will be terminated in one lump sum for a period of ten years. Ten years, 120 months ×4595 yuan ×90%=496260 yuan (one-time disability pension) +4595 yuan × 15 months =68925 yuan (one-time work-related injury medical subsidy)+120 months ×4595 yuan × 60. One-time disability pension 896025 yuan+

One-time disability allowance 124065 yuan = 1020090 yuan. (The minimum amount of first-class disability compensation is 6 12054 yuan).

Secondary disability compensation standard

1. One-time disability allowance is 25 months, which shall be paid by social security institutions. The compensation base salary is 4595 yuan ×25 months, and the subtotal is 1 14875 yuan.

1. Disability allowance is paid monthly by social security institutions, and the standard is 85% of my pre-injury salary until my death.

3. If the disabled employee's household registration is not in the workplace and needs to receive disability pension and nursing fee at one time, it will be related to the social security machine.

Sign the contract, pay for ten years at a time, and end the insurance relationship. Ten years: 120 months ×4595 yuan ×85%=468690 yuan (one-time disability pension) +4595 yuan × 14 months =64330 yuan (one-time work-related injury medical subsidy)+120 months ×4595.

Yuan× 50% = 275,700 yuan (disposable nursing staff salary) = 808,720 yuan.

The one-time disability pension is 808,720 yuan+one-time disability subsidy114,875 yuan = 923,595 yuan.

(The minimum compensation for the second-degree disability is 554 157 yuan).

Three-level disability compensation standard

1. One-time disability allowance is 23 months, which shall be paid by social security institutions.

The monthly salary of compensation base is 4595 yuan ×23 months, subtotal 105685 yuan.

2. Social security institutions pay monthly disability allowance, the standard is 80% of my pre-injury salary until my death.

3. If the disabled employee's household registration is not in the workplace and needs to receive disability pension and nursing fee at one time, it will be related to the social security machine.

Sign the contract, pay for ten years at a time, and end the insurance relationship. Ten years: 120 months× 4,595 yuan× 80% = 441/20 yuan (one-time disability pension)+4,595 yuan×13 months = 59,735.

Yuan (one-time medical subsidy for work-related injuries)+120 months× 4595 yuan× 40% = 220560 yuan (salary of nursing staff) = 7214/5 yuan.

The lump-sum disability pension is 72 14 15 yuan+lump-sum disability allowance 105685 yuan =827 100 yuan.

(The total amount of third-level disability compensation is at least 496,260 yuan).

Four-level disability compensation standard

1. One-time disability allowance 2 1 month, paid by social security institutions. The monthly salary of compensation base is 4595 yuan ×2 1 month, and the subtotal is 96495 yuan.

2. Social security institutions pay disability allowance on a monthly basis, and the standard is 75% of my pre-injury salary until my death.

3. Disabled employees whose household registration is not in the workplace need to receive disability pension and nursing fee in one lump sum, and sign a contract with the social security agency, and the insurance relationship will be terminated in one lump sum for a period of ten years. Ten years, 120 months ×4595 yuan ×75%=4 13550 yuan (one-time disability pension) +4595 yuan × 12 months =55 140 yuan (one-time medical subsidy for work-related injuries)+/kloc-0. The one-time disability pension is 634 1 10 yuan+the one-time disability subsidy is 96,495 yuan = 730,605 yuan. (The minimum level 4 disability compensation is 438,363 yuan).

Five-level disability compensation standard

1. One-time disability allowance 18 months, paid by social security institutions. The compensation base salary is 4595 yuan × 18 months, and the subtotal is 827 10 yuan.

2. The employer shall pay the disability allowance on a monthly basis, and the standard is 70% of my salary before the injury.

3. Upon the employee's own proposal, the employee may terminate or terminate the labor relationship with the employer, which shall be decided by the employer unilaterally.

Pay the one-time disability employment subsidy and one-time work-related injury medical subsidy paid by the work-related injury insurance fund, and end the work.

Industrial injury insurance relationship.

The one-time disability employment subsidy is 50 months × 4,595 yuan = 229,750 yuan.

The one-time medical subsidy for work-related injury is 10 month ×4595 yuan =45950 yuan.

One-time disability subsidy 827 10 yuan+one-time disability employment subsidy 229750 yuan+one-time work-related injury medical subsidy 45950 yuan =3584 10 yuan. (The minimum total amount of five-level disability compensation is 2 15046 yuan).

Six-level disability compensation standard

1. One-time disability allowance 16 months, paid by social security institutions. The compensation base salary is 4595 yuan × 16 months, and the subtotal is 73520 yuan.

2. The employer shall pay the disability allowance on a monthly basis, and the standard is 60% of my salary before the work-related injury.

3. Upon the employee's own proposal, the employee may terminate or terminate the labor relationship with the employer, and the employer shall support it.

The work-related injury insurance fund shall pay one-time disability employment subsidy and one-time work-related injury medical subsidy, and terminate the work-related injury insurance.

Risk relationship. One-time disability employment subsidy for 40 months ×4595 yuan = 183800 yuan, and one-time work-related injury medical subsidy for 8 months ×4595 yuan =36760 yuan. The one-time disability subsidy is 73,520 yuan+the one-time disability employment subsidy is 65,438 yuan+083,800 yuan+the one-time work-related injury medical subsidy is 36,760 yuan = 294,080 yuan. (The minimum total amount of level 6 disability compensation is 176448 yuan).

Seven-level disability compensation standard

1. One-time disability allowance 13 months, paid by social security institutions. The compensation base salary is 4595 yuan × 13 months, and the subtotal is 59735 yuan.

2. If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer shall pay it in one lump sum.

The disability employment subsidy is 25 months ×4595 yuan = 1 14875 yuan, and the work injury insurance fund pays a one-time work injury medical subsidy for 6 months ×4595 yuan =27570 yuan.

One-time disability subsidy 59735 yuan+one-time disability employment subsidy 1 14875 yuan+one-time work-related injury medical subsidy 27570 yuan =202 180 yuan. (The minimum compensation for level 7 disability is 12 1308 yuan).

Eight-level disability compensation standard

1. One-time disability allowance 1 1 month, paid by social security institutions. The compensation base salary is 4595 yuan × 1 1 month, and the subtotal is 50545 yuan.

2. If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer will pay a one-time disability employment subsidy 15 months ×4595 yuan = 68925 yuan, and the industrial injury insurance fund will pay a one-time work-related injury medical subsidy for 4 months ×4595 yuan = 18380 yuan. One-time disability subsidy 50545 yuan+one-time disability employment subsidy 68925 yuan+one-time work-related injury medical subsidy 18380 yuan = 137850 yuan. (The minimum compensation for level 8 disability is 827 10 yuan).

Nine-level disability compensation standard

1. One-time disability allowance is 9 months, which shall be paid by social security institutions. The compensation base salary is 4595 yuan ×9 months, and the subtotal is 4 1355 yuan.

2. If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer will pay a one-time disability employment subsidy for 8 months ×4595 yuan =36760 yuan, and the work injury insurance fund will pay a one-time work injury medical subsidy for 2 months ×4595 yuan =9 190 yuan. One-time disability subsidy 4 1355 yuan+one-time disability employment subsidy 36760 yuan+one-time work-related injury medical subsidy 9 190 yuan =87305 yuan. (The minimum total compensation for level 9 disability is 52,383 yuan).

Ten-level disability compensation standard

1. One-time disability allowance is 7 months, which shall be paid by social security institutions. The compensation base salary is 4,595 yuan ×7 months, and the subtotal is 32 165 yuan.

2. If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer will pay a one-time disability employment subsidy of 4 months × 4,595 yuan = 1 8,380 yuan, and the work-related injury social security fund will pay a one-time medical subsidy of1month× 4,595 yuan = 4,595 yuan.

One-time disability allowance is 32 165 yuan+one-time disability employment allowance is 18380 yuan+one-time work-related injury medical allowance is 4595 yuan =55 140 yuan. (The total minimum compensation for level 10 disability is 33,084 yuan).

Measures for one-time compensation for casualties in illegal employment units

The amount of first-class disability compensation is 55 140× 16 times = 882,240 yuan.

The amount of compensation for secondary disability is 55 140× 14 times =77 1960 yuan.

The amount of third-level disability compensation is 55 140× 12 times =66 1680 yuan.

The amount of fourth-grade disability compensation is 55 140× 10.

Times =55 1400 yuan.

The amount of five-level disability compensation is 55 140×8 times =44 1 120 yuan.

The amount of level 6 disability compensation is 55 140×6 times = 330,840 yuan.

Seven-level disability compensation amount is 55 140×4 times = 220,560 yuan.

Eight-level disability compensation amount is 55 140×3 times = 165420 yuan.

The amount of compensation for level 9 disability is 55 140×2 times = 1 10280 yuan.

Ten-level disability compensation is 55 140× 1 time =55 140 yuan.

Illegal employment is injured by accidents or suffers from occupational diseases, according to the national urban residents in the previous year.

Pay one-time compensation according to 20 times of disposable income, and pay one-time funeral subsidies and other compensation according to 10 times of the national disposable income of urban households last year, which is about 632,504 yuan this year.

Casualties of illegal employers as mentioned in these Measures refer to those who have no business license or are not registered and filed according to law.

The unit and the unit whose business license or registration has been revoked according to law are injured by accidents or suffer from occupational diseases.

The employees and the disabled and dead child workers caused by the use of child labor by the employer shall be paid by the employer in one lump sum.

If an employee dies at work, is injured by an accident or suffers from an occupational disease, his close relatives shall be exempted from work-related injuries in accordance with the following provisions.

The insurance fund receives funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies:

(a) the funeral subsidy is the average monthly salary of employees in the overall planning area for 6 months;

(2) The pension for supporting relatives shall be paid to the relatives who provided the main source of livelihood before the death of the employee and were unable to work because of work according to a certain proportion of the employee's salary. The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. The specific scope of supporting relatives shall be determined by the administrative department of social insurance of the State Council.

Provisions;

(three) the standard of one-time work death allowance is 20 times of the per capita disposable income of urban residents in the previous year.

If a disabled employee dies at work during the period of paid suspension, his close relatives shall enjoy the treatment stipulated in the first paragraph of this article. harm

Disability allowance, pension for dependent relatives and living care expenses shall be paid by the social insurance administrative department in the overall planning area according to the average salary of employees.

Changes in living expenses, etc. shall be adjusted in time. Measures for adjustment shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

The above calculation method is based on the Regulations on Work-related Injury Insurance, the Measures for One-time Compensation for Casualties in Illegal Employment Units, the Regulations on Social Work-related Injury Insurance in Guangdong Province, which came into effect on 20110, and their detailed implementation rules. If the monthly salary of the injured person is higher than 60% of 4595 yuan, the compensation base shall be calculated according to the actual salary, but the maximum salary shall not exceed 3 times of 4595 yuan.

That is, the maximum cardinality is 126 15 yuan. If it is less than 60% of 4595 yuan, 60% will be the compensation base, that is, the minimum is not less than 2523 yuan.

Yuan. Therefore, the compensation base of this standard is only an intermediate parameter, and employees with work-related injuries can calculate the compensation standard according to their actual situation. In addition, it does not include the cost of artificial limbs, artificial eyes and other devices required by workers with work-related injuries.

P 1, legal basis

Article 39 of the Regulations on Industrial Injury Insurance

If an employee dies at work, his close relatives shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the industrial injury insurance fund in accordance with the following provisions:

(1) Funeral allowance: the average monthly salary of employees in the overall planning area last year was 6 months; (2) Pension for dependent relatives: according to a certain proportion of my salary, it is paid to the relatives of the deceased employees who were unable to work and provided the main source of livelihood. The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of social insurance of the State Council;

(3) One-time work death allowance: the standard is 20 times of the per capita disposable income of urban residents in the previous year.

(In 20 10, the per capita disposable income of urban residents nationwide was 19 109 yuan, and in 20 12, the per capita disposable income of urban residents nationwide was 24,565 yuan). If a disabled employee dies at work during the period of paid suspension, his close relatives shall enjoy the treatment stipulated in the first paragraph of this article.

If a disabled worker of Grade 1 to Grade 4 dies after the expiration of his unpaid leave, his close relatives may enjoy the treatment specified in Items (1) and (2) of the first paragraph of this article.

P2 Calculation Table of Industrial Injury Compensation Standard

One, one to four levels of disability treatment standards

One-time disability allowance

1, first-class disability allowance = my salary ×27 months.

2. Secondary disability allowance = my salary ×25 months

3. Third-level disability allowance = my salary ×23 months.

4. Grade IV disability allowance = my salary is 2 1 month.

2. Enjoy the monthly disability allowance (paid monthly) 1, and the first-class disability allowance = my salary ×90%.

2. Secondary disability allowance = my salary ×85%

3, three disability allowance = my salary ×80%

4, level 4 disability allowance = my salary ×75%

(Note: If the actual amount of disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference. )

Two, five and six levels of disability treatment standards

(1) One-time disability allowance

1, level 5 disability allowance = my salary × 18 months.

2. Grade VI disability allowance = my salary × 16 months.

(2) Disability allowance

1, level 5 disability allowance = my salary ×70%

2. Six-level disability allowance = my salary ×60% (Note: the employer pays monthly disability allowance to employees with work-related injuries who have difficulties in arranging work. If the actual amount of disability allowance is lower than the local minimum wage, the employer will make up the difference).

Three, seven to ten levels of disability treatment standards

(1) One-time disability allowance

1, level 7 disability = my salary × 13 months.

2. Grade 8 disability = my salary × 1 1 month.

3. Grade 9 disability = my salary ×9 months

4. Grade 10 disability = my salary ×7 months.

(two) the expiration of the labor contract, or the employee himself proposed to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy.

1, funeral subsidy = average monthly salary of employees in the overall planning area ×6 months.

2. One-time work-related death subsidy = 20 months, 20 times of the per capita disposable income of urban residents in the previous year.

3, dependent relatives pension standards for:

Spouse = employee salary ×40%, other relatives = employee salary ×30%.

(Note: Increase the number of elderly people or orphans on the basis of the above standards every month.

10%。 The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. )

Disabled workers who died of work-related injuries during the shutdown period, their immediate family members shall enjoy the treatment stipulated in the first paragraph of this article.

Meet.

If a disabled worker of Grade 1-4 dies after the paid suspension period expires, his immediate family members can enjoy the treatment in the first paragraph of this article.

(1) and (2)

Provisions on treatment.

Regulations of Shenzhen Municipality on Wage Payment of Employees

Article 23 If an employee stops medical treatment due to illness or non-work-related injury and is within the medical treatment period stipulated by the state, the employing unit shall be no less than himself.

Sick pay is 60% of the standard wage, but not less than 80% of the minimum wage.

Article 24 The wages or work-related injury allowances of employees during the medical treatment period for work-related injuries shall be determined in accordance with the relevant provisions of work-related injury insurance.

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Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.