According to your description, according to my experience, it is level 10, subject to the appraisal conclusion. Combined with similar cases I handled in Chaoshan and Jieyang, I strongly suggest that lawyers should be entrusted to intervene as soon as possible, and the necessary evidence, especially the evidence that can prove the existence of labor relations, should be fixed under the guidance of professional lawyers for future use. Evidence to prove the existence of labor relations should be prepared as soon as possible, otherwise it will be destroyed carelessly. If it is identified as a work-related injury, it shall first apply for work-related injury identification and labor ability appraisal, and then calculate the amount of compensation according to the appraisal results. According to the disability level or result, the claim items include, but are not limited to, treatment expenses, wages during shutdown with pay, living care expenses, assistive devices expenses, one-time disability subsidies, one-time work-related injury medical subsidies and one-time disability employment subsidies. Based on the strong professionalism of work-related injury compensation cases, factual details or operational details may completely lead to a difference of thousands or even hundreds of thousands of yuan in compensation amounts. In the case handled by this lawyer, in order to save a small amount of lawyer fees, some parties often operate the case by their own experience or under the guidance of non-lawyer relatives and friends before the lawyer intervenes, and unconsciously pay unnecessary extra fees; Or they often don't know the amount of compensation before lawyers intervene, and unconsciously make concessions with a larger amount of compensation, which may damage their due interests. More importantly, professional lawyers can only make professional judgments and give professional advice if they know the facts of the case. Otherwise, any hypothesis may lead to the case shifting to the direction that is not conducive to the injured employee, miss the best opportunity for lawyers to intervene, make the evidence fixed and missing, put themselves at a disadvantage, increase the difficulty of claiming compensation, and even lead to the helplessness of professional lawyers. In addition, work-related injury cases are often accompanied by damage to other rights and interests of employees other than work-related injury compensation, so compensation can only be fully claimed under the guidance of professional lawyers. In reality, after an industrial accident, most employees only know how to claim compensation from the employer and unconsciously give up other rights and interests (such as not signing a written labor contract, overtime pay and not buying social insurance). Combined with similar cases I represent, it is entirely possible to obtain large compensation according to law.
Legal objectivity:
Regulations on industrial injury insurance
Article 35
Workers who are disabled due to work are identified as one to four levels of disability, retain labor relations, quit their jobs, and enjoy the following benefits:
(a) by the industrial injury insurance fund according to the level of disability to pay a one-time disability allowance, the standard is:
The first disability is my salary of 27 months, the second disability is my salary of 25 months, the third disability is my salary of 23 months, and the fourth disability is my salary of 2 1 month;
(two) from the industrial injury insurance fund to pay monthly disability allowance, the standard is:
The first-level disability is 90% of my salary, the second-level disability is 85% of my salary, the third-level disability is 80% of my salary, and the fourth-level disability is 75% of my salary.
(3) After the workers with work-related injuries reach retirement age and go through retirement formalities, they will stop paying disability allowance and enjoy basic old-age insurance benefits in accordance with relevant state regulations.
Regulations on industrial injury insurance
Article 35
Workers who are disabled due to work are identified as one to four levels of disability, retain labor relations, quit their jobs, and enjoy the following benefits:
(a) by the industrial injury insurance fund according to the level of disability to pay a one-time disability allowance, the standard is:
The first disability is my salary of 27 months, the second disability is my salary of 25 months, the third disability is my salary of 23 months, and the fourth disability is my salary of 2 1 month;
(two) from the industrial injury insurance fund to pay monthly disability allowance, the standard is:
The first-level disability is 90% of my salary, the second-level disability is 85% of my salary, the third-level disability is 80% of my salary, and the fourth-level disability is 75% of my salary.
(3) After the workers with work-related injuries reach retirement age and go through retirement formalities, they will stop paying disability allowance and enjoy basic old-age insurance benefits in accordance with relevant state regulations.