Legal subjectivity:

How much compensation can be paid for a grade 8 work-related injury 1. A one-time disability benefit of 10 months, paid by the social security agency. The compensation base is 2,551 yuan × 10 months = 25,510 yuan. 2. If the labor contract expires or is terminated, or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time disability employment subsidy of 15 months × 2,551 yuan = 38,265 yuan, and a one-time work-related injury medical subsidy of 4 months × 2,551 yuan =10204 yuan. The one-time disability subsidy is 25,510 yuan + the one-time disability employment subsidy is 38,265 yuan + the one-time work-related injury medical subsidy is 10,204 yuan = 73,979 yuan. Relevant laws Therefore, according to the "Regulations on Work-related Injury Insurance", workers injured at work have the right to receive medical assistance and economic compensation. The benefits enjoyed by employees with level eight disabilities are the "level eight work-related injury compensation standards." Eight-level disability compensation includes compensation for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospitalization food subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, dependents’ living expenses, and rehabilitation care. , necessary rehabilitation fees, nursing fees, follow-up treatment fees, mental loss fees, etc. actually incurred for continued treatment. Related knowledge: Specific compensation items for work-related injuries 1. Medical expenses (1) Registration fee. Compensation is usually made based on the registration certificate of the treatment unit. (2) Inspection fee. Based on the need for diagnosis and treatment of injuries, any expenses incurred for examination at the request of the treating unit shall be compensated. The amount of compensation is confirmed based on the inspection documents, diagnosis certificates and corresponding charging vouchers from the treatment units. However, if there is evidence to prove that the victim incurred unnecessary examinations, the victim will not be compensated. No compensation will be given for fees paid for examinations without the permission of the treatment unit, unless the victim has legitimate reasons. (3) Medical expenses. Based on the needs of injury treatment and rehabilitation, the cost of purchasing drugs according to the prescription of the treatment unit should be compensated. The amount of compensation is confirmed based on the prescription receipts, diagnosis certificates and corresponding fee receipts from the treatment unit. However, if there is evidence to prove that the victim purchased drugs or other items that have nothing to do with injury treatment and physical recovery, the injurer will not be compensated. compensation. (4) Treatment fees. Compensation is generally based on the diagnosis certificate and treatment receipt from the treatment unit (5) Hospitalization expenses. Compensation is generally based on the diagnosis certificate and hospitalization receipt from the treatment unit. However, if there is evidence to prove that the victim's injury is obviously minor and does not require hospitalization or that the injury has recovered and should be discharged but he is still hospitalized, the injurer will not be compensated. compensation. Without the permission of the initial diagnosis and treatment unit, the cost of transferring to another hospital for treatment and purchasing medicines will not be compensated, unless the victim has legitimate reasons. 2. Lost work pay Lost work pay refers to the legitimate income reduced by the victim’s inability to work normally due to physical injury. The calculation of lost work pay should take into account the lost work time and the victim’s legitimate income standards: (1) Lost work time. Refers to the amount of time the victim missed from work due to the injury. The time lost from work should generally be determined with reference to the certificate issued by the medical institution where the victim received treatment or the forensic examination. It can also be determined based on the victim's actual degree of damage, recovery status, etc. If the victim's injury is obviously minor and does not affect normal work, only the lost work time will be calculated on the day of medical treatment and dressing change; if the victim's injury is minor and does not require hospitalization, the lost work time will be calculated from the date when work is stopped due to the injury to the date of actual recovery. ;The victim was still recovering from his injuries when he was discharged from the hospital. Time lost from work is calculated from the date of stopping work due to the injury to the date of actual recovery from the injury. If the victim is injured and becomes disabled, the time lost from work is generally calculated from the date when work is stopped due to the injury to the date when the disability is determined. If the victim dies due to the injury and medical treatment fails, the time lost from work shall be calculated from the date when he stopped working due to the injury to the date of death. (2) The legitimate income standard of the victim. If the victim has a fixed income, the calculation shall be based on the actual lost income; but if the actual income exceeds more than five times the average salary of employees in the previous year at the location of the court where the lawsuit is filed, the victim shall be calculated based on five times. If there is no fixed income or there are other irregular and legitimate incomes in addition to fixed income, the calculation shall be based on the average income from one to three years before the victim was injured; if the victim cannot provide evidence to prove his average income in the last one to three years, the calculation shall be based on the average income of the victim in the past one to three years. The calculation is based on the average income of the same workforce in the same or similar industries in the location where the court is located in the previous year. If the victim is mainly engaged in family labor because he has no job or is retired, the calculation shall be based on the average income of residents in the previous year published by the local county (city) level statistics department.

For those who miss work during busy farming periods due to injuries during agricultural production, the work loss compensation shall be calculated based on twice the average income of rural residents in the previous year published by the local county (city) level statistics department. 3. Nursing expenses Nursing expenses refer to the lost work time caused by caring for the victim or the expenses incurred in hiring necessary nursing staff. The calculation of nursing fees should take into account the number of nursing staff, the nursing time and the legitimate income standards of the nursing staff: (1) The number of nursing staff. Generally, there should be no more than two people. If the patient is not hospitalized or if care is still necessary after discharge, the number of nursing staff is one. (2) Nursing time. It is limited to the period during which the victim cannot take care of himself or cannot fully take care of himself due to the injury. (3) The legitimate income standards of nursing staff. Generally, calculations should be made with reference to the victim's legitimate income standard for lost work time; if a caregiver is employed, the compensation amount for nursing fees shall be determined based on the labor remuneration standard for local caregivers engaged in the same level of care. However, the maximum amount of labor compensation shall not exceed twice the average income of the service industry in the previous year announced by the county (city) level statistics department where the victim is located; if the victim is unable to restore the ability to take care of himself due to disability and requests compensation for future care expenses, he may apply for compensation in accordance with the regulations. The nursing period shall be calculated based on the difference between the actual age at the time of disability and the average life expectancy in the location of the court where the suit is filed, but the minimum shall not be less than five years and the maximum shall not exceed 20 years. If the cost of installing a functional prosthesis has been paid, future care costs will not be considered. 4. Hospitalization food subsidy Hospitalization food subsidy refers to reasonable compensation for the victim’s food expenses during hospitalization. Hospitalization food subsidy is calculated based on the actual hospitalization time and with reference to the business trip food subsidy standard for general national staff in the victim's location. 5. Nutritional expenses: Necessary nutritional expenses refer to the reasonable expenses paid by the victim to purchase nutritional food that the victim really needs to supplement for the purpose of auxiliary treatment when the victim's injury reaches a minor injury (including minor injuries). The court should determine whether to compensate based on the disability and the opinions of the treatment institution. The amount of nutritional compensation is generally 10 to 15 yuan per day; the time for calculating nutritional compensation is calculated based on the actual period of time required to replenish nutrition to recover from the injury. However, the maximum time for compensation calculation shall not exceed six months. 6. Transportation expenses and accommodation expenses Medical transportation expenses and accommodation expenses refer to the expenses incurred by the victim and necessary nursing staff by car, boat and accommodation during the treatment of injuries. (1) Medical transportation expenses are generally confirmed by the actual amount of transportation bills. The transportation bills should be consistent with the time and number of medical treatment and transfers. For train tickets and air tickets for hard sleepers or above, the fares for hard sleepers should be calculated as hard sleeper tickets. Determination; for second-class and above tickets, the fee shall be determined as second-class fare; however, reasonable compensation shall be given for the transportation expenses paid by the victim who must take an airplane or chartered car to be admitted or transferred to a hospital due to serious injuries and the need for emergency rescue. (2) Medical accommodation expenses. Generally, the actual amount of the accommodation fee bill is confirmed, and the accommodation fee bill should be consistent with the time and number of medical treatment and transfers. The daily accommodation fee compensation amount shall not exceed the daily accommodation fee standard for general state staff traveling on business in the victim's location. If the victim does need to go to other places for treatment and cannot be hospitalized due to objective reasons, the reasonable part of the actual expenses incurred, including accommodation and food expenses for the victim himself and the nursing staff, shall be compensated. 7. Disability Equipment Fees Disability equipment fees refer to the expenses incurred by disabled persons to configure functional or decorative disability equipment in order to restore limb functions or compensate for physical defects caused by injuries. If the victim requests compensation for disability equipment, he shall provide certification or appraisal opinions from the medical unit or prosthetic limb preparation unit. The amount of compensation for disability appliances is generally determined based on the reasonable price of similar products of ordinary domestic appliances; the number of replacements of disability appliances should be determined with reference to expert certification from the relevant department and in combination with the actual local living conditions and the victim’s remaining years. confirm. Reasonable expenses related to transportation, accommodation, etc. that must be spent to equip disabled equipment should also be appropriately compensated. If the degree of physical disability has eliminated the conditions for the installation of prostheses and the request for compensation for the installation of prostheses will not be supported. The amount of the prosthetic installation fee required for compensation must be confirmed based on the price of ordinary domestic appliances at the disability equipment manufacturing unit nearby the victim; the amount of compensation determined based on the price of products produced or imported outside the mainland is generally not allowed Supported, except if the amount is lower than the price of ordinary domestic appliances. 8. Level 8 Disability Compensation For Level 8 disability compensation, if the victim is over 50 years old when the disability is determined, the amount will be reduced by one year for every additional year of age on the basis of 20 years; for those over 60 years old, the rate will be 10 years. Years are calculated; those over seventy years old are calculated as five years.

The compensation standard for disability compensation is generally calculated based on the level of disability and the average living expenses for the previous year published by the statistics department at the county (city) level where the victim is located. 9. Indirect victim support Indirect victim support; refers to no other living expenses Source, the expenses necessary to maintain the basic living standards of people who rely on the actual support of the victim before he lost his ability to work or who have other sources of living after losing the support of the victim but are not enough to maintain the basic living standards of local residents. Compensation standards for indirect victim support: (1) Calculated based on the average living expenses of the previous year published by the county (city) level statistics department where the victim is located, but shall not be lower than the minimum living security standard for local residents. (2) The indirect victim also has Other dependents shall be compensated according to the victim's share. The unborn fetus shall be regarded as an indirect victim. If the indirect victim is a minor, he shall also be compensated for the necessary education expenses and the compensation period for the indirect victim's support. : (1) If the dependent is a minor, the calculation shall be from the date when the victim loses the ability to work until he reaches the age of 18. (2) If the dependent is an adult who has lost the ability to work, the period shall generally be calculated from the date the victim loses the ability to work. Twenty years are calculated from the month of ability; if the indirect victim is over fifty years old, every additional year will be reduced by one year on the basis of twenty years; if the indirect victim is over sixty years old, it will be calculated as ten years; over seventy years old 10. Mental damage solitary payments that infringe upon a natural person’s right to health but do not result in disability or infringe upon other rights or legal interests of a natural person and necessitate compensation for mental damage are collectively referred to as mental solace payments; the amount of mental solace payments shall be based on the "Maximum According to the Interpretations of the People's Court on Several Issues Concerning the Determination of Liability for Mental Damage in Civil Torts, it shall be based on the fault of the tortfeasor, the circumstances, impact and consequences of the infringement, the degree of mental damage caused to the victim, and the specific social conditions and circumstances of both parties. In order to fully protect the legal rights of the victim of a traffic accident, it is recommended that the close relatives of the victim of a traffic accident consider the following factors: (1) Whether the person obligated to pay compensation is an organization or an individual. If the other party is an organization, especially a business unit, you can consider asking the other party to compensate you more; if the other party is an individual, you should also consider the income level of the other party. If the other party has a high income, you can ask the other party to compensate you more. (2) The person with the obligation to compensate is there. The degree of liability in a traffic accident. If the liability of the other party in the traffic accident is determined based on the traffic accident determination letter, and the person with the obligation to compensate is fully responsible, primarily responsible, or equally responsible, you may consider requiring the other party to compensate more; the obligation to compensate. If the other party bears secondary liability or is irresponsible, you may consider asking the other party to compensate you less. (3) If the living standard of the court where the lawsuit is filed is relatively high or in a larger city, you may consider asking the other party to compensate you less. Ask the other party to compensate more; if the living standard of the court where the lawsuit is filed is relatively low or in a county, you may consider asking the other party to compensate you less. (4) Whether the victim of the traffic accident is an urban resident or a rural resident. Urban residents can consider asking the other party to compensate more; traffic accident victims who are rural residents can consider asking the other party to compensate less. 11. Treatment expenses after the disability is determined. If the victim requests future treatment expenses after the disability is determined, it will generally not be granted. Support. Although the victim has not been diagnosed as disabled but claims to be compensated for future treatment expenses based on only a hospital certificate on the grounds that he needs to continue treatment after discharge, and the certificate is not sufficient to determine the future treatment expenses, it will generally not be supported; however, during the litigation period after the lawsuit is filed, If the treatment expenses incurred are supported by corresponding evidence, they can be reviewed and calculated according to the standards of medical expenses. In addition to the above expenses, if the victim requests compensation for other expenses that are indeed necessary after review, reasonable compensation should also be given. If the party concerned chooses to resign, he can enjoy one-time disability benefits as well as one-time work-related injury medical benefits and one-time disability employment benefits.

The law is objective:

"Regulations on Work-related Injury Insurance"

Article 37

If an employee becomes disabled due to work and is identified as having a disability of level 7 to level 10 , enjoy the following benefits:

(1) A one-time disability subsidy will be paid from the work-related injury insurance fund according to the disability level. The standard is:

The seventh-level disability is 13 months. My salary, level 8 disability is 11 months’ salary, level 9 disability is 9 months’ salary, and level 10 disability is 7 months’ salary;

(2) Labor , the employment contract expires and is terminated, or the employee himself proposes to terminate the labor or employment contract, the work-related injury insurance fund will pay a one-time work-related injury medical subsidy, and the employer will pay a one-time disability employment subsidy. The specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.