1. 10 How much can I pay for my disability?
Grade 10 of work-related injury enjoys a one-time disability allowance of 7 months' salary, a one-time medical allowance for work-related injury and an employment allowance for dissolving or terminating the contract.
1. If the expenses for work-related injury treatment meet the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund;
2, by the industrial injury insurance fund in accordance with the provisions of the provinces and cities to pay the hospital food subsidies;
3, confirmed by the labor ability appraisal committee, the cost of installing medical devices is paid by the industrial injury insurance fund according to the prescribed standards;
4. In case of work-related injury medical treatment, the original salary and welfare benefits will remain unchanged during the period of work-stoppage, which will be paid by the unit on a monthly basis;
5. During hospitalization, the employer is responsible for the nursing in the stage of self-care;
6, from the industrial injury insurance fund to pay a one-time disability allowance for 7 months' salary;
7, the labor ability appraisal fee paid by the industrial injury insurance fund;
8. When the labor is terminated or terminated, according to the standards set by the province, municipality directly under the Central Government and autonomous region where it is located, the work-related 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.
If the employer fails to participate in work-related injury insurance, the employer shall pay all the expenses.
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.
Second, the scope of damages.
1, property loss. Refers to the direct loss of vehicles and property caused by road traffic accidents, and should also include on-site rescue (insurance) and personal injury treatment expenses, but does not include the indirect loss of property caused by shutdown, production suspension or business suspension.
2. facilities. Refers to road safety facilities and other facilities on and near the road, such as electricity, water conservancy facilities, houses, trees, flowers, etc.
3. repair. Vehicles, articles and facilities damaged by the accident shall be repaired and restored to their original state. The restoration is mainly in situ, and the original state is restored as much as possible, that is, the function, shape and value have not changed much.
4. Discount compensation. Vehicles, articles and facilities damaged by the accident cannot be repaired and need to be compensated at a discount. When discounting, the original value, the old and new market price of the original value and the residual value should be calculated for discount compensation.
5. If the livestock is injured but has not lost its use value, it should be treated locally; Those who have lost their use value or died of injury shall be compensated at a discount after evaluation and appraisal by relevant departments.
6. Compensation in kind. Upon mutual agreement, compensation shall be made in kind of the same or similar kind and quality.
Third, the calculation of personal injury compensation
Personal injury compensation calculation includes
1, medical expenses refer to the medical expenses determined according to the receipts of medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.
2, lost time, refers to the victim has a fixed income, lost time is calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim cannot provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the court of appeal is located.
3. Nursing expenses refer to the nursing expenses calculated according to the income of nursing staff, the number of nurses and the nursing period.
4. Transportation expenses refer to the transportation expenses calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses should be based on official documents: relevant documents should be consistent with the place, time, times and frequency of medical treatment.
5, hospital food subsidies, nutrition fees, refers to the hospital food subsidies can refer to the local state organs general staff travel food subsidies standards to be determined.
6, disability compensation,
7, disability AIDS,
8, funeral expenses,
9, the dependents living expenses,
10, accommodation,
1 1, death compensation,
12, mental damage compensation,
13. Transportation expenses, lost time and accommodation expenses required for the spouse and immediate family members of the deceased patient to participate in funeral activities.
Is it helpful to read the above carefully? Even if you suffer property damage or personal injury in the future, you can face it calmly. How much can I pay for the above 10 disability? The above is the related content brought to you by Bian Xiao Find Law Network. If you have any other questions, you can consult a lawyer.
Legal objectivity:
Article 38 of the full text of the Social Insurance Law of People's Republic of China (PRC), the following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations: (1) medical expenses and rehabilitation expenses for treating work-related injuries; (2) Hospitalization food subsidies; (three) transportation and accommodation expenses for medical treatment outside the overall planning area; (four) the cost of installing and configuring assistive devices for the disabled; (five) life can not take care of themselves, confirmed by the labor ability appraisal committee of life care costs; (6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV; (seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved; (8) Funeral grants, dependent relatives' pensions and work-related death grants received by survivors of work-related deaths; (nine) labor ability appraisal fee.