1. The compensation standard is based on the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year. 2. Article 35 of the Judicial Interpretation of the Supreme People's Court on the Trial of Personal Injury Compensation Cases clearly stipulates: "The last year refers to the last statistical year in which the court of first instance concluded its debate." 3. Therefore, the standard of compensation should be based on the year before you sued, and now it is 2009, that is, the year before 2009, that is, 2008, not 2007. This should be a very simple question for a lawyer who has had experience in industrial injury compensation litigation.

How to calculate the compensation base for work-related injuries?

The base of industrial injury compensation is calculated according to the average monthly salary of employees in the overall planning area and their own salary, not according to the local minimum wage income. "Regulations on Work-related Injury Insurance" Article 34 If an injured worker is assessed as disabled and needs life care as confirmed by the labor ability appraisal committee, the life care fee shall be paid by the work-related injury insurance fund on a monthly basis. Life care fees are paid according to three different levels: completely unable to take care of themselves, mostly unable to take care of themselves or partially unable to take care of themselves, and their standards are 50%, 40% or 30% of the average monthly salary of employees in the overall planning area respectively.

Article 35 of the Regulations on Industrial Injury Insurance

Workers who are disabled due to work are identified as one to four levels of disability, retain labor relations, quit their jobs, and enjoy the following benefits:

(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The standard is: 27 months' salary for first-degree disability, 25 months' salary for second-degree disability, 23 months' salary for third-degree disability and 2 1 month salary for fourth-degree disability.

(2) Pay the disability allowance from the industrial injury insurance fund on a monthly basis. The standard is: 90% of my salary for first-degree disability, 85% for second-degree disability, 80% for third-degree disability and 75% for fourth-degree disability. If the actual amount of disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference.

(3) After the workers with work-related injuries reach retirement age and go through retirement formalities, they will stop paying disability benefits and enjoy basic old-age insurance benefits in accordance with state regulations. If the basic old-age insurance benefits are lower than the disability benefits, the industrial injury insurance fund will make up the difference.

Workers who are disabled due to work are identified as one to four levels of disability, and the employer and individual employees pay the basic medical insurance premium on the basis of disability allowance.

Legal basis: Article 37 of the Regulations on Work-related Injury Insurance stipulates that if an employee's work-related disability is identified as level 7 to level 10 disability, and the labor contract expires, or the employee himself proposes to terminate the labor contract, the work-related injury insurance fund will pay a one-time work-related injury medical subsidy, and the employer will pay the disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.