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Employment injury after retirement

 Employment injury after retirement
The determination of work-related injury is an administrative confirmation that the labor administrative department, in accordance with the authorization of the law, determines whether the injury (or occupational disease) caused by an accident belongs to work-related injury or is deemed to be work-related injury. The qualitative behavior carried out by the laborer to identify the subject of personal injury caused by improper operation or other reasons in the process of work or deemed work. If the unit, employee or one of their close relatives is not satisfied with the conclusion of work-related injury determination, they can choose to apply for administrative reconsideration or conduct administrative litigation.
2024-03-01 03:54:28 2926 people helped

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How to compensate for work-related injury after retirement?
Injury on-the-Job Compensation:《 Regulations on Work Injury Insurance 》Article 14 An employee who has one of the following circumstances shall be deemed as work-related injury: (1) being injured by an accident due to work during working hours and in the workplace; (2) Those who are injured by accidents while engaged in preparatory or finishing work related to work in the workplace before and after working hours; (3) Accidental injuries such as violence during working hours and in the workplace due to the performance of work duties; (4) Patient Occupational Diseases Of; (5) Injured due to work or missing due to accident during the period of going out for work; (6) On the way to and from work, he is not primarily responsible for traffic accident Or urban rail transit, passenger ferry or train accidents; (7) Legal and administrative statute Other circumstances that shall be identified as work-related injuries. Article 21 In the event that an employee suffers from an industrial injury and becomes disabled and affects his/her ability to work after being treated in a relatively stable manner, he/she shall Appraisal of labor capacity Article 22 The appraisal of labor capacity refers to the grade appraisal of the degree of labor dysfunction and the degree of self-care disability. Labor dysfunction is divided into ten Disability level The heaviest is Level 1, and the lightest is Level 10. Article 35 Employees with work-related disabilities are identified as Grade I to Grade IV permanent disability Of, reserved Labor relations , withdraw from work and enjoy the following benefits: (1) employment injury insurance The fund is paid according to the disability level One off disability benefit , the standard is: I have been disabled for 27 months wages , Grade II disability is my salary of 25 months, Grade III disability is my salary of 23 months, and Grade IV disability is my salary of 21 months; (2) Paid monthly from the industrial injury insurance fund Disability Benefits The standard is: Grade I disability is 90% of my salary, Grade II disability is 85% of my salary, Grade III disability is 80% of my salary, and Grade IV disability is 75% of my salary. The actual amount of disability allowance is lower than the local Minimum wage The difference shall be made up by the industrial injury insurance fund; (3) Workers with work-related injuries reach Retirement age And handle retire After going through the formalities, the disability allowance will be stopped and basic benefits will be enjoyed in accordance with relevant national regulations endowment insurance Treatment. If the basic old-age insurance benefits are lower than the disability allowance, the difference shall be made up by the industrial injury insurance fund. If the work-related disability of an employee is identified as Grade I to Grade IV disability, the employer and individual employee shall pay the basic disability allowance based on the disability allowance medical insurance Fees. Article 36 Employees who are disabled due to work are identified as Grade V Grade VI disability The following benefits shall be enjoyed: (1) A one-time disability subsidy shall be paid from the industrial injury insurance fund according to the level of disability. The standard is: Level 5 disability is 18 months of my salary, and Level 6 disability is 16 months of my salary; (2) Keep the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange work, the employer shall pay a monthly disability allowance. The standard is: 70% of my salary for Grade V disability, 60% of my salary for Grade VI disability, and the employer shall pay all items that should be paid for him according to regulations social insurance Fees. If the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference. Upon the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer. The one-time medical subsidy for work-related injury shall be paid by the work-related injury insurance fund, and the employer shall pay the one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disabled persons shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Article 37 Employees with work-related disability are identified as Grade 7 to Grade 7 Grade 10 disability (1) A one-time disability subsidy shall be paid from the industrial injury insurance fund according to the level of disability. The standard is: Grade VII disability is 13 months' salary, Grade VIII disability It is my salary for 11 months, for Grade 9 disability, it is my salary for 9 months, and for Grade 10 disability, it is my salary for 7 months; (2) Labor Employment contract In case of termination upon expiration of the time limit, or the employee himself proposes to terminate the labor or employment contract, the one-time medical subsidy for work-related injury shall be paid from the work-related injury insurance fund, and the one-time employment subsidy for disability shall be paid by the employer. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disabled persons shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
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