Not much, which constitutes a work-related injury and disability, should retain the labor relationship, quit the job, and receive a monthly disability allowance. The first-class compensation standard for work-related injuries is as follows: medical expenses: determined according to the invoices of medical institutions. Wages and benefits during paid shutdown: paid according to the original wages and benefits during shutdown. The original salary refers to the average salary of the previous 12 months.

Legal analysis

Compensation should be paid for medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, necessary nutrition expenses and other expenses; If the injury reaches the level of disability, it also needs disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses and nursing expenses actually incurred due to rehabilitation nursing and continuing treatment. Medical expenses, medical expenses are determined according to the hospital diagnosis certificate and regular medical invoices. Including the registration fee, examination fee, operation fee, medical fee, hospitalization fee, plastic surgery fee and follow-up treatment fee paid by the other party for treatment. Nutrition fee, which is determined according to the diagnosis certificate of nutrition demand and related expense certificate issued by the doctor. The lost time fee, nursing fee, lost time fee and nursing fee are determined according to the lost time fee and income of the other party or nursing staff. If there is a fixed income, the lost time fee shall be calculated according to the actual reduced income. If there is no fixed income, the victim cannot prove his average income in the last three years according to his average income in the last three years. Transportation, accommodation and transportation expenses are calculated according to the actual transportation expenses incurred by the other party and necessary accompanying personnel for medical treatment or transfer to hospital for treatment; Accommodation fees shall be paid according to the actual accommodation fees of the other party and its entourage; Hospitalization food subsidies should be calculated according to actual expenses or local actual living standards. Disability compensation and disability compensation are calculated according to the disability level determined by judicial appraisal and the living expenses or income standards of the other party's domicile or actual residence. According to the local per capita disposable income of urban residents or the per capita net income of rural residents in the previous year, it is calculated for 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. The cost of assistive devices for the disabled is calculated according to the reasonable cost standard of common applicable devices. Property loss, property loss is limited to the property loss actually suffered by the other party, including the maintenance and depreciation of the goods, and is limited to the actual value of the damaged goods.

legal ground

Article 35 of the Regulations on Work-related Injury Insurance: If an employee is identified as a first-class to fourth-class disability due to work-related disability, he/she will retain his/her labor relationship and quit his/her post, and enjoy the following benefits: (1) A one-time disability allowance will be paid from the work-related injury insurance fund according to the disability level, with the standards as follows: 27 months for first-class disability, 25 months for second-class disability, 23 months for third-class disability and 26 for fourth-class disability; (2) A monthly disability allowance will be paid from the work-related injury insurance fund 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 standard, 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 allowance and enjoy basic old-age insurance benefits in accordance with relevant state regulations. If the basic old-age insurance benefits are lower than the disability allowance, 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.