[Direct answer]The disabilities corresponding to levels one to ten are divided into three groups of benefits: Firstly, a one-time disability subsidy is calculated based on the number of months of the worker's salary. For level one, it is 27 months; level two, 25 months; level three, 23 months; level four, 21 months; level five, 18 months; level six, 16 months; level seven, 13 months; level eight, 11 months; level nine, 9 months; and level ten, 7 months. Secondly, workers at levels one to four who leave their posts receive a monthly disability allowance (90%, 85%, 80%, 75%), while those at levels five and six who have difficulty arranging work receive a monthly allowance from their employers (70%, 60%). Thirdly, when the labor contract of workers at levels five to ten is terminated or rescinded, there is a one-time work-related injury medical subsidy (paid by the fund) and a one-time disability employment subsidy (paid by the employer), with specific standards implemented in accordance with the regulations of Beijing City. For work-related deaths, there is a separate system of one-time work-related death subsidies and other benefits.
I. Problem Background and Typical Scenarios
After receiving the appraisal conclusion, the party concerned is most concerned about "how much is my disability grade worth". Common questions include: what's the difference between grades 9 and 10; whether grades 1 to 4 mean "the state will support them for life"; how much money can be obtained upon resignation for grades 5 to 10; and how is the compensation calculated and are there upper and lower limits. The corresponding relationship between disability grades and compensation is the "price list" for work-related injury claims. Only by calculating each item in detail can we determine whether the settlement agreement should be signed or not.
II. Key points of dispute
First, the scope of my salary. It refers to the average monthly payment salary before the injury, with an upper and lower limit of 60% and 300% of the average salary of workers in the pooled area, and the difference in the payment base is made up by the unit. Second, the trend of disability allowances. Levels 1 to 4 are paid by the fund monthly until retirement, and after retirement, the benefits are transferred to pension insurance and the difference is made up. Levels 5 to 6 are guaranteed by the unit, and there are only two one-time subsidies when the employment relationship is terminated. Third, the payment subject for those who are not insured. If the unit does not pay for work injury insurance, all the above-mentioned benefits shall be borne by the unit at the same standard.
III. Professional analysis by Henglue Lawyers
Calculate the "Price List" by grade level. **Grades 1–4 (severe injury leading to job termination):** - One-time disability compensation of 27/25/23/21 months of the worker's salary, plus a monthly disability allowance of 90%/85%/80%/75% until retirement. If the retirement pension is lower than the allowance, the fund will make up the difference. - For complete, partial, or partial impairment in daily living, monthly nursing care fees of 50%, 40%, or 30% of the average monthly wage in the coordinated region will be paid. **Grades 5–6 (retention of most work capacity):** - One-time compensation of 18/16 months; retain the employment relationship and receive normal wages. For difficult placements, the employer will pay a monthly disability allowance of 70%/60% and contribute to social insurance. If the worker initiates termination or the contract is terminated, they will receive two one-time compensation payments: one for medical expenses and one for employment assistance. In Beijing, the amount is calculated based on the worker's average monthly wage in the previous year and the number of months of disability. **Grades 7–10 (light to moderate injuries):** - One-time compensation of 13/11/9/7 months; work normally during the contract and receive two one-time compensation payments (medical expenses paid by the fund, employment assistance paid by the employer) upon termination or contract end. **Calculation example:** An eight-grade worker with a monthly salary of 10,000 yuan who leaves the job would receive a one-time disability compensation of 11 months (110,000 yuan), plus two one-time compensation payments calculated based on Beijing's current standards. The total compensation is often far higher than typical settlement offers. Three key points: 1. The worker's salary is determined based on their average contribution wages over the 12 months preceding the injury. Bonuses and subsidies are included in the calculation. 2. Differences caused by employers paying at the minimum base rate can be claimed as compensation. 3. Non-disability items such as work-related injury compensation, medical expenses, hospitalization subsidies, nursing care fees, and assistive devices are separate from disability compensation and must be combined in the claim list. 4. Work-related death cases follow a separate system—funeral assistance (6 months of the previous year's average monthly wage), monthly survivor's pensions, and one-time death compensation of 20 times the previous year's national urban per capita disposable income are not combined with disability compensation. 5. Beijing's social insurance contributions and benefit standards are updated annually. Claimants should verify all figures based on current data to assess the fairness of settlement offers.
IV. Practical suggestions and legal basis
The first step is to determine the base amount: organize the salary records of the 12 months prior to the injury, verify the unit's payment base, and file a written claim for the difference. The second step is to prepare a detailed table: list the one-time subsidies corresponding to different injury grades, monthly benefits, two subsidies upon termination, and parallel projects for accounting purposes. The third step is to exercise caution when signing agreements: avoid settling cases before a diagnosis is confirmed, and be cautious about signing agreements with significant discrepancies from statutory standards. The fourth step is to proceed with legal procedures: if mediation fails, apply for arbitration and simultaneously claim interest and reimbursed expenses. Main legal basis: Articles 35 to 37 (grades 1 to 4, grades 5 to 6, grades 7 to 10 benefits), Article 39 (work-related death benefits), and Article 62 (liability for non-insurance) of the "Regulations on Work-Related Injury Insurance" (revised in 2010); the current standards for one-time work-related injury medical subsidies and disability employment subsidies in Beijing; specific applications shall be based on the currently effective laws and regulations and current standards.
5. Henglue Law Firm's Reminder
The grade is the row number of the "price list", and the base is the column width of the "price list". After determining the grade, fill in one's salary, two one-time subsidies, and parallel projects in each column to obtain the actual compensation amount. Compare the settlement offer with the statutory accounts to make a decision, and you'll never lose out. For calculations of disability benefits and claims, you can refer to the following methods:Labor disputes and work-related injury compensationFor obtaining a comprehensive solution for services involving work-related injury identification and appraisal, you can refer to this batch of work-related injury topics. For cases involving third-party infringement and concurrent compensation, you can pay attention to itPersonal injury and medical disputesFor those who are involved in the entire process of labor arbitration and need legal representation, they can refer to the following information.Specialised legal servicesFor those interested in the criminal charges against companies that refuse to pay workers' compensation benefits, please pay attention to this caseCriminal legal services板块。
VI. Frequently Asked Questions
Q1: Approximately how much compensation can be obtained for a level 9 disability?
The one-time disability compensation is equivalent to nine months' salary of the employee. In the event of termination or discharge, there are two additional one-time compensations, the specific amounts of which depend on the employee's salary and the current standards in Beijing. The final amount will be determined after a detailed calculation based on these factors.
Q2: Are the first- to fourth-level subsidies paid for life?
The disability allowance will be paid monthly until retirement, and after retirement, it will be converted into pension insurance benefits. If the amount is lower than the standard of the disability allowance, the fund will make up the difference, and the nursing care fees will be calculated separately.
Q3: How is my salary determined?
The compensation shall be calculated based on the average monthly payroll of the 12 months prior to the injury, subject to a minimum and maximum cap of 60% to 300% of the average wage in the coordinated area. The unit may be held liable for any discrepancies in the base amount.
Q4: What are the one-time benefits for a Level 10 resignation?
The one-time disability allowance is equal to seven months' salary. When the employment contract is terminated or the employment relationship is terminated, the employee will receive one-time work-related injury medical allowance and one-time disability employment allowance, which will be calculated according to the current standards in Beijing.
Q5: If the unit doesn't participate in the social insurance program, will the compensation be reduced?
No discounts. Uninsured units shall pay in full according to the same items and standards. Those who refuse to pay can apply for the fund to make advance payments and recover the costs afterwards.
The above answer is based on the judicial practice in the Beijing area. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.
If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglue Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.