Case (a)

Injury to nine disabled, should get the compensation?

Reference content:

Lee came to the consultation, he has the traffic accident on the way to work, have been identified as work-related injuries, injuries and was identified as nine disabled. The end of the first operation, the labor contract has expired, still need a second operation. He consulted his two operation cost reimbursement and how to his injury working disability grade can get compensation.

Lawyers answer:

A, Li belongs to nine levels of disability, can receive a one-time disability subsidy paid by the work-related injury insurance fund.According to the provisions of the relevant laws of our country,2013Years of workers in Beijing City9Work-related injuries disability disposable disability Jin Wei9Months of my wages, but the highest141021Yuan, the lowest28204Element.

According to the National Bureau of statistics released:2012China's urban residents per capita disposable income24565Element. My salary is refers to workers suffering from work injuries or occupation disease12The average monthly payment of wages month. My wages are higher than the average wage of workers as a whole area300%The average wage, according to co-ordinate local worker300%Calculation, namely the salary to a maximum15669Yuan (5223x3) calculation; my salary is less than the average wage of workers as a whole area60%The average wage, according to co-ordinate local worker60%Calculation of minimum wage, which I am to3133.8Yuan (5223x0.6Calculation.

Two, Lee can leave, by inductrial injury insurance fund to pay a one-time industrial medical subsidies. At the same time can receive a one-time paid by the unitGrants for the disabled in employment, payment standard and disposable Medicaid Jin Xiangtong.

According to the "notice" on the project expenditure fund of inductrial injury insurance of Beijing city standard and issues related to the article5The provisions:"Workers at the termination or rescission of the labor relation, its receive a one-time industrial medical fittingsStandard for discharge or termination of labor relations3To18Months of the year on this city worker is mean monthlyWage. The five stage18Month, six15Month, seven12Month, eight9Month, nine6Month, ten3Month. The employer shall pay one-time grants for the disabled in employment, based on the above criteria." Lee received standard in Beijing city last year, i.e.2012The average wage of workers on the62677Yuan, the average monthly wage5223The calculation for the base, a total of nine grade calculation12A month, a total of62676Element.