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Can I pay off the disability compensation?

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Can I pay off the disability compensation?


        

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  • 2024-06-10 09:00:49

    Of course, it is OK to pay off the debts of industrial injury and disability compensation. This is my own compensation. I have the right to pay this compensation. Industrial injury and disability compensation is paid by the industrial injury insurance fund, and this compensation is personal property.

    List of contents of this article:

    1. Is it OK to pay off the debts of industrial injury disability compensation? 2. How much is the compensation for level 10 work-related injury in Shanghai? 3. The injured employee must have a labor relationship with the employer (signing a labor contract or having a de facto labor relationship).

    Is it OK to pay off the debts of industrial injury disability compensation?

    It can repay debts, and disability compensation is property compensation for the loss of all or part of the working capacity of the victim due to personal injury and disability. The disabled victim caused by personal injury has lost part or all of his/her labor capacity, so the victim will reduce or lose his/her income after suffering personal injury. This kind of loss is a direct consequence of personal injury and a kind of property loss. Such property losses shall be compensated by the compensation obligor.

    How much is the compensation for level 10 work-related injury in Shanghai?

    The employee is entitled to a one-time disability subsidy of 7 months' salary, and a one-time medical subsidy for work-related injuries of 30000 yuan and an employment subsidy of 15000 yuan are available for the termination or cancellation of the contract.

    The standard of Shanghai's Level 10 industrial injury compensation should be discussed according to the different categories of payments. The main payments are disability subsidies, medical subsidies for industrial injuries and disability employment subsidies. The medical subsidy for work-related injury and employment subsidy are not available for those who meet the standard of Grade 10 work-related injury. According to the regulations, they can only be available for those who voluntarily terminate the contract and expire the contract. The disability medical employment subsidy is calculated on the basis of the average monthly wage of the staff and workers in Shanghai for three months. As long as the appraisal result of disability subsidy is Level 10, you can receive disability subsidy settled by your own salary standard for 7 months.

    The injured employee must have a labor relationship with the employer (signing a labor contract or having a de facto labor relationship).

    According to the provisions of the Notice of the Ministry of Labor and Social Security on Matters Related to the Establishment of Labor Relations, the employer can refer to the following vouchers when determining whether there is a labor relationship between the two parties without signing a labor contract with the worker:

    1. Salary payment certificate or record (payroll of employees), record of payment of various insurance premiums;

    2. The work card, service card and other certificates issued by the employer to the workers that can prove their identity;

    3. Employment records such as recruitment registration form and application form of the employer filled by the laborer;

    4. Attendance records;

    5. Testimony of other workers, etc.

    The employer shall bear the burden of proof for the relevant vouchers in Items 1, 3, 4 and 4. If a dispute arises between a worker and an employer over whether there is a labor relationship, they may apply to the labor dispute arbitration committee with jurisdiction for arbitration.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

    Lie***

    2024-06-10 09:00:49

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