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How much can be compensated for work-related injuries classified as Grade 10 disability?

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How much can be compensated for work-related injuries classified as Grade 10 disability?


        

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  • 2024-06-10 09:00:04

    The compensation for work-related injury recognized as Grade 10 disability is the monthly salary of the employee for 7 months. If an employee is injured due to work during the working period and is identified as Grade 10 disability, he/she can enjoy the treatment of industrial injury insurance, and the compensation obtained is the average salary of 7 months.

    List of contents of this article:

    1. How much can be compensated if the work-related injury is identified as Grade 10 disability? 2. Where is the work injury identification at the county level handed over? 3. What to do when the time limit for identification of work-related injuries has passed

    How much can be compensated if the work-related injury is identified as Grade 10 disability?

    The compensation for work-related injury recognized as Grade 10 disability is the monthly salary of the employee for 7 months. The personal salary refers to the average monthly payment salary of the injured worker for the 12 months before the accident or occupational disease. If his salary is 300% higher than the average salary of employees in the overall planning area, it shall be calculated as 300% of the average salary of employees in the overall planning area; If his salary is lower than 60% of the average salary of the employees in the overall planning area, it shall be calculated as 60% of the average salary of the employees in the overall planning area.

    Where is the work injury identification at the county level handed over?

    The identification of work-related injury at the county level shall be submitted to the local labor management department or social security department. The identification of work-related injury is the administrative confirmation of whether the employee's injury (or occupational disease) due to an accident belongs to work-related injury or is deemed to be work-related injury by the labor administrative department according to the authorization of law.

    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. According to the relevant provisions of our country, it is generally confirmed by the labor administrative department.

    What to do when the time limit for identification of work-related injuries has passed

    First of all, the identification of work-related injuries is time bound. If specific, let's take a look at a case first.

    Plaintiff: Cai Ming

    Defendant: Qicai Printing Machinery Manufacturing Co., Ltd

    Cai Ming worked in Qicai Printing Machinery Manufacturing Co., Ltd. on June 14, 2004. On April 24, 2005, Cai Ming accidentally injured his right arm by a machine while working, resulting in Grade VII disability. Qicai Printing Machinery Manufacturing Co., Ltd. undertook the medical expenses necessary for the plaintiff's treatment and paid Cai Ming's salary from May 2005 to March 2006, but did not pay other work-related injuries. In March and April 2006, Cai Ming submitted an application for work-related injury determination and labor dispute arbitration to the labor department, which was not accepted because the application period was exceeded. After Cai Ming filed a lawsuit to the court in accordance with the law, Qicai Printing Machinery Manufacturing Co., Ltd. believed that Cai Ming had exceeded the time limit for application for determination of work-related injury, and requested the court to reject Cai Ming's lawsuit.

    sentence:

    The court held that workers' enjoyment of work-related injury treatment is a basic right stipulated in the Labor Law. Cai Ming's application for work-related injury determination beyond the specified time limit is just that the administrative procedure for work-related injury determination is no longer applicable, and cannot deprive workers of their right to obtain work-related injury compensation. Therefore, in accordance with the provisions of the Regulations on Industrial Injury Insurance, Qicai Printing Machinery Manufacturing Co., Ltd. was legally ordered to pay Cai Ming industrial injury treatment × B.

    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.

    y***

    2024-06-10 09:00:04

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