Huzhou City, Zhejiang Province, 20 1 1 Annual Seven-level Compensation Standard for Industrial Injury and Disability Appraisal Author: Chen Xfeng, a famous lawyer in China, Tel:13910909615 Question: Hello, lawyer Chen Xfeng! I want to ask: My name is Yang Xchun, and I am 39 years old. I come from Qu County, Dazhou City, Sichuan Province. In April of 20 10, I was accidentally strangled by a machine while working in a printing and dyeing factory in Wuxing District, Huzhou City, Zhejiang Province, resulting in incomplete mechanical strangulation of the left upper arm, open fracture of the left humerus, rupture of the left artery and vein, avulsion of the median nerve of the left elbow, contusion of the radial nerve and ulnar nerve of the left elbow, fracture of the left rib and fracture of the left scapula. On May 20 1 1 year, the industrial injury was identified, and on August 5, it was identified by Huzhou Labor Ability Appraisal Committee of Zhejiang Province as Grade 7. I have a work-related injury certificate and a seven-level appraisal conclusion of disability appraisal. He was hospitalized in Huzhou Central Hospital for 86 days, and the treatment cost 1 1000 yuan (including the cost of taking out the steel plate for the second operation) was paid by the unit printing and dyeing factory. During the hospitalization, the unit invited nursing staff to take care of me, and the nursing expenses were paid by the unit. /kloc-After 0/year's rest, the unit pays me living expenses in 850 yuan every month. I want to resign. Excuse me, lawyer Chen Xfeng, how much compensation can you get if you take the initiative to terminate the labor contract now? The monthly salary before injury was 2000 yuan. Before I was injured, my company didn't provide me with all kinds of social insurance. (In order to protect the privacy of the parties, Wen * is a pseudonym). Lawyer Chen Xfeng of Beijing replied: Hello, according to national laws, if you voluntarily propose to terminate the labor contract, you can get: 1. One-time disability allowance, one-time work-related injury medical allowance and one-time disability employment allowance are as follows: 1, one-time disability allowance:1March * 2,000 yuan/month = 26,000 yuan. (For details, please refer to Article 37 of the Regulations on Work-related Injury Insurance recently implemented in 2011the State Council). 2. One-time medical subsidy for work-related injury: 10 * 2,676 yuan/month = 26,760 yuan. For details, please refer to Article 5 of the Notice of Zhejiang Province on Implementing the Regulations on Industrial Injury Insurance, which was implemented on June 65438+ 10/. 3. One-time disability employment subsidy: 10 * 2,676 yuan/month = 26,760 yuan. For details, please refer to Article 5 of the Notice of Zhejiang Province on Implementing the Regulations on Work-related Injury Insurance (438+0) on June 65, 2004. Total of the above three items: 79,520 yuan. 2. Pay for the paid period of shutdown: According to relevant regulations, the paid period of shutdown due to upper arm nerve injury is generally 12 months, that is, 12 months *(2000 yuan -850 yuan) = 13800 yuan (commonly known as lost time). Three. Hospitalization food allowance: 16 yuan/day *86 days = 1376 yuan (Opinions of Huzhou Municipal People's Government of Zhejiang Province on implementing the newly revised Regulations on Work-related Injury Insurance in the State Council: /view_0.aspx? cid= 166。 Id=980 .5. Please pay attention! Because the wages of the injured, the average monthly wages of employees in various parts of China and the provisions of local laws or regulations are different, the compensation standards in various parts of China are not consistent. About the average monthly salary of employees in various places, you can search online or consult the local statistics bureau. If you want to know about your local laws and regulations, you can log on to lawyer Chen Xfeng's website.
Legal objectivity:
The latest compensation standards for work-related injuries in Zhejiang Province are as follows: 1. If a migrant worker dies at work, the standard of one-time work death subsidy is the average monthly salary of local workers for 60 months. Their immediate family members can apply for a one-time pension for their dependent relatives. Under the age of 18, it will be calculated to 18 at one time; Other dependent immediate family members are counted as the 20th anniversary in one lump sum, but if they are over 55 years old, their age will be reduced by 1 year, and if they are over 70 years old, they will be counted as 5 years. The calculation base for receiving the dependent relatives' pension at one time is the dependent relatives' pension standard first determined when migrant workers die at work. 2, 1 to 4 disabled migrant workers enjoy one-time long-term industrial injury insurance benefits (including one-time disability subsidy) according to the following standards: 1 6 times of the base of disability benefits, 14 times of the base of disability benefits, 12 times of the base of disability benefits, and 4 times of the base of disability benefits. If the employer has participated in work-related injury insurance, the payment base shall be the average annual salary of employees in the work-related injury insurance area where the employer is located when the work-related injury occurs; If the employer does not participate in work-related injury insurance, the base of payment salary shall be the annual average salary of the production and operation workers of the employer at the time of work-related injury. Migrant workers who have participated in the basic old-age insurance according to law, less than 5 years away from the statutory retirement age, shall pay the above treatment according to the standard of decreasing by 20% per week; Those who have reached retirement age and gone through retirement formalities do not enjoy the above treatment. 3. 1 4 disabled migrant workers' wages and benefits, medical expenses, nursing expenses, food subsidies during hospitalization, transportation expenses and other expenses before receiving long-term treatment of industrial injury insurance in one lump sum shall be implemented in accordance with the provisions of the Regulations on Industrial Injury Insurance. 4. 1 0-4 Disabled migrant workers (including supporting their immediate family members, the same below) can also choose the one-time payment method after choosing the long-term payment method. If one-time payment is needed on the basis of long-term payment, the total amount of treatment is the balance after deducting one-time disability allowance, disability allowance and pension for dependent immediate family members. 5, 5 to 6 levels of work-related injuries, upon my proposal, can terminate or terminate the labor relationship with the employer, and the employer will pay a one-time work-related injury medical subsidy and disability employment subsidy. One-time medical subsidy for work-related injuries, 30 months for level 5 and 25 months for level 6. Disability employment allowance, level 5 for 30 months, level 6 for 25 months. 6, 7 to 10, if the employee's 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. One-time medical subsidy for work-related injuries, level 7 10 month, level 8-7 months, level 9-4 months and level 2 10 month. Disability employment allowance, level 7 10 month, level 8 for 7 months, level 9 for 4 months, and level 10 for 2 months. 7. One-time work-related injury medical subsidy and disability employment subsidy are calculated according to the average monthly salary of employees in the work-related injury insurance co-ordination area of the unit. Employees who participate in the basic old-age insurance according to law, who are less than five years away from the statutory retirement age, shall pay a one-time work-related injury medical subsidy and disability employment subsidy according to the standard of decreasing by 20% every week. Workers with work-related injuries who have reached retirement age and gone through retirement procedures do not enjoy one-time work-related injury medical subsidies and disability employment subsidies.