Legal analysis
According to the degree or level of disability of the victim, the compensation shall be calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it shall be calculated as 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. If the victim is disabled due to a work-related injury, but his actual income has not decreased, or his disability level is light, but his employment is seriously affected by occupational hazards, his disability compensation can be adjusted accordingly. Ten-level disability compensation: the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the court of appeal is located multiplied by 20 years and then multiplied by 10%. My salary refers to the average monthly payment salary of the injured workers before 12 months due to work-related accidents or occupational diseases. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.
legal ground
Article 36 of the Regulations on Work-related Injury Insurance, employees who are identified as five or six levels of disability due to work-related injuries shall enjoy the following benefits: (1) One-time disability subsidy shall be paid by the work-related injury insurance fund according to the disability level, with the standard as follows: five-level disability is my salary 18 months, and six-level disability is my salary 16 months; (two) to retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange a job, the employer will pay a monthly disability allowance. The standard is: level 5 disability is 70% of my salary, level 6 disability is 60% of my salary, and the employer shall pay the social insurance premium that should be paid according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference. Upon the employee's own proposal, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance fund shall pay the one-time medical subsidy for work-related injuries, and the employer shall pay the one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.