Shaanxi disability compensation standard

1、 Shaanxi Province Disability compensation standard

The calculation standard of disability compensation is usually the same as Disability level , was raise The number of people, regional economic conditions and other factors. The following is general information, but please note that the specific amount should be based on local judicial practice and law statute The latest changes.

In Shaanxi Province, the standard of disability compensation may refer to the following factors:

Disability level: disability compensation is usually determined according to the disability level permanent disability The corresponding compensation proportion is different. For example, Grade 10 disability The corresponding compensation coefficient may be 10%, and the level 9 disability may be 9 months wages , and level 7 disability or above may be higher.

Personal salary: The calculation of disability compensation is usually based on the average salary of the injured in the 12 months before the injury.

Information of dependents: If the injured person has dependents, such as minor children or disabled dependents, the disability compensation shall also include the living expenses of the dependents.

Regional economic situation: The economic situation in different regions may affect the calculation of disability compensation, and the specific amount may refer to the local living cost standard.

Other factors: may also include medical expense 、 Nursing expenses Direct losses caused by disability, such as food, nutrition and transportation expenses.

Legal basis:

The People's Republic of China Civil Code 》Article 1179 Infringement on others Personal injury Should be compensated Medical expenses Nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, etc. are reasonable expenses for treatment and rehabilitation expenses, as well as reduced income due to missed work. If it causes disability, it shall also compensate for the cost of auxiliary equipment and disability compensation; If death is caused, compensation shall also be made Funeral expenses and Death compensation 。

2、 Compensation for layoff Compensation standard

1. Legal layoff of the company: if the layoff is legal, the employer should Injury on-the-Job Year payment Economic compensation 。 The payment standard of economic compensation is: pay one month's salary every full year, and calculate it as one year if more than six months but less than one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary.

2. Illegal layoff of the company: if the company makes illegal layoffs, it belongs to unilateral illegal layoffs of the company Termination of labor relations You can ask the unit to pay double economic compensation.

Legal basis:

《 Labor Contract Law 》Article 47

The economic compensation shall be paid to the workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary.

If the monthly salary of a worker is three times higher than the average monthly salary of the employees in the previous year published by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation paid to the worker shall be three times the average monthly salary of the employees, and the maximum period of economic compensation paid to the worker shall not exceed 12 years.

The monthly salary mentioned in this article refers to the employee's Labor contract Average salary of the twelve months prior to termination or termination.

3、 Work-related injury Disability compensation Grade standard

Level 1-10 disability can be enjoyed One off disability benefit , for Disability Benefits Different grades Disability compensation The compensation standard is as follows:

Level I: 90% of my salary;

Level II: 85% of my salary;

Grade III: 80% of my salary;

Level 4: 75% of my salary;

Level 5: 16 month salary;

Level 6: 14 month salary;

Grade VII: 12 month salary;

Grade 8: 10 month salary;

Level 9: 8 months' salary;

Level 10: 6 months' salary.

Legal basis:

《 social insurance Article 30 of the Fund Financial System

employment injury insurance Fund expenditure includes industrial injury insurance benefits Appraisal of labor capacity Expenditures, industrial injury prevention expenses, subsidies to lower level, superior level and other expenses.

Expenditure of work-related injury insurance benefits Identification of work-related injuries Later employees shall enjoy the expenses borne by the industrial injury insurance fund. Specifically Medical treatment for work-related injuries Expenditures, disability benefits and work-related death benefits. Among them, the medical treatment expenses for work-related injuries refer to the medical expenses for treating work-related injuries, rehabilitation expenses, expenses for installing and configuring auxiliary devices for the disabled, food subsidies for hospitalization, and transportation and accommodation expenses for medical treatment outside the overall planning area; The disability treatment expenses refer to the living care expenses, one-time disability subsidies Grade IV industrial injury The disability allowance received by the employees on a monthly basis, the one-time medical subsidy for work-related injuries received by the disabled employees of Grade 5 to 10 according to the regulations, and the work-related injuries paid by the work-related injury insurance fund Retirement age And handle retire Received after formalities endowment insurance The treatment is lower than the disability allowance, and the actual amount of the disability allowance for workers with work-related injuries of level I to IV is lower than the local level Minimum wage The difference supplemented by the industrial injury insurance fund; The expenses for treatment of work-related death refer to the funeral subsidies Pensions for dependent relatives And a one-time death benefit.

The labor capacity appraisal expenditure refers to the expenditure incurred by the labor capacity appraisal committee in the initial appraisal, re appraisal, re inspection appraisal activities of labor capacity and the confirmation of the use of auxiliary equipment for workers with work-related injuries, which shall be borne by the work-related injury insurance fund.

The expenses for occupational injury prevention refer to the expenses for propaganda, training and other aspects of occupational injury prevention according to regulations. The legal knowledge The content is only for you. If you have other questions about the disability compensation standard of Shaanxi Province, you can click the "immediate button" below to consult the professional lawyer Help for.