Limited Express !! Regarding work related injury rating or compensation

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

Determination of work-related injuries] Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident, the employer shall submit an application for work-related injury recognition to the labor and social security department within 30 days from the date of occurrence of the accident.

If the employer does not submit an application for recognition of work-related injury, the injured employee, his or her immediate family members, or the trade union organization may directly apply to the labor and social security department where the employer is located for recognition of work-related injury within one year from the date of occurrence of the accident injury.

The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for work-related injury recognition (collected by the local labor department);

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate (including copies of outpatient medical records, emergency medical records, and inpatient medical records);

Within 60 days from the date of receipt of the application for work-related injury determination, the labor and social security department shall issue a "Work-related Injury Determination" and notify the unit, the employee or his or her relatives. Employees can apply for work-related injury disability appraisal and enjoy work-related injury benefits with the "Work-related Injury Certificate".

You can do an appraisal in accordance with the disability appraisal institution designated by the public security organ, or go to the local judicial appraisal department to do an appraisal of the disability level. It is best to go to the unit designated by the public security organ to do it, and most of them will think that it is invalid if you look for it yourself.

If you are private, you will ask for a price!

Regulations on Work-related Injury Insurance.

Chapter V Work-related Injury Insurance Benefits.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

Article 31 Where an administrative reconsideration or administrative lawsuit occurs after the social insurance administrative department makes a decision to determine that it is a work-related injury, the payment of medical expenses for the work-related injury shall not be stopped during the period of administrative reconsideration and administrative litigation.

Article 32 Due to the needs of daily life or employment, an injured worker may be fitted with prostheses, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards prescribed by the State.

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Article 34 Where an injured worker has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of daily care, he or she shall be paid a monthly living care allowance from the work-related injury insurance.

The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

You check the local work-related injury allowance standards.

After the end of medical treatment, you should bring the information to the local social security agency to apply for disability rating, and then talk about a one-time disability subsidy or something after identifying several levels of disability, if the contract is terminated, you can claim a one-time medical subsidy for work-related injuries and a one-time disability employment subsidy according to the regulations of the people of your province, autonomous region and municipality directly under the Central Government.

Personally, I think it can be judged as level ten.

Level 10 APartial limitation of the ability to perform daily activities;

b.a decline in the ability to work and study;

c.Partially limited social communication skills.

Level 10 Disability Compensation Standard 1A one-time disability benefit for 6 months, paid by the social security institution. The compensation base is 2,551 yuan for 6 months = 15,306 yuan.

2.If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time disability employment subsidy of 2,551 yuan = 10,204 yuan for four months, and a one-time medical subsidy for work-related injuries of 2,551 yuan for one month = 2,551 yuan. The one-time disability subsidy is 15,306 yuan + the one-time disability employment subsidy is 10,204 yuan + the one-time work-related injury medical subsidy is 2,551 yuan = 28,061 yuan.

Where parties are not satisfied with the disability assessment, they may apply to the public security organ at the level above for a new assessment within 15 days of receiving the assessment document. Within 30 days of receiving the application for reassessment, the public security organ at the level above shall make a decision on reassessment.

If it has been recognized as a work-related injury, then apply to the Labor Ability Appraisal Committee for a disability appraisal after your injury** is stabilized. If there is no functional deficit, it does not constitute a disability rating.

Your dad can get the following compensation:

1. Nutrition expenses: If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the food subsidy standard for business trips of the unit; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes. Note:

Multiply by the number of days. 2. One-time disability subsidy: A one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;

3. Wages during work-related injuries: If an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis.

4. If the labor contract is terminated upon expiration or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government. (Regulations of Zhejiang Province:

If the labor contract is terminated upon expiration or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. A one-time medical subsidy for work-related injuries is paid for 10 months at level 7, 7 months at level 8, 4 months at level 9 and 2 months at level 10. Disability Employment Allowance is paid for 10 months at level 7, 7 months at level 8, 4 months at level 9 and 2 months at level 10. ：

Before the work-related injury is recognized, it is superfluous to say anything.

It is recommended to negotiate a settlement, which is relatively unlikely.

It is best to apply to the labor bureau for work-related injury identification, re-work ability appraisal, and arbitration compensation according to the level of disability.

You don't say that it is a grade 9 work-related injury, because what you say does not count, and what the doctor says does not count, after the labor bureau determines the completion injury, the labor bureau applies to the municipal labor appraisal committee for the appraisal results.

If it is a work-related injury, it may apply for a work-related injury determination, and after it is determined to be a work-related injury, the employer may be required to compensate in accordance with the work-related injury insurance regulations. If an employee dies on the job, his immediate family members shall receive funeral allowances, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions:

1. The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

2. The pension for dependent relatives shall be paid to the relatives who provided the main living allowance and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40 per month for spouses, 30 per month for each other relative, and 10 per month for each elderly or orphan who is lonely or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the labor and social security administrative department;

3. The standard of one-time work-related death subsidy is the average monthly wage of employees in the overall area of 48 months to 60 months in the previous year. The specific standards shall be reported to the people of provinces, autonomous regions and municipalities directly under the Central Government for the record in accordance with the provisions of the local economic and social development conditions.

4. If a disabled employee dies due to a work-related injury during the period of suspension of work with pay, his or her immediate family members shall enjoy the benefits provided for in the first paragraph of this article.

It has constituted a work-related injury. Treatment plan: The key is to see whether you have purchased social insurance, if you have not purchased social insurance, it is best to reach a one-time compensation with your family.

First of all, you need to submit an application for recognition of work-related injuries to the labor and social security bureau of the city divided into districts where the employer is located.

After arriving at the labor and social security administrative department, you need to fill out an "Application Form for Determination of Work-related Injury" and submit it at the same time.

1) ** Identification certificate of the person (original and photocopy);

2) A copy of the labor contract of the ** personnel or other valid proof of the establishment of labor relations;

3) A certificate of post-injury diagnosis issued by a medical institution.

I don't know if what you said constitutes a disability, and there are two situations in which you can claim compensation:

1) The compensation items for general injuries (not achieving disability) mainly include: 1. Medical expenses, 2. Food subsidies for the injured during hospitalization; 3. Living care expenses; 4. Wages during work-related injuries; 5. Transportation and accommodation expenses.

2) In addition to the above, the compensation items for disability generally include: 1. Assistive device fees; 2. One-time disability subsidy, 3. Disability allowance; 4. One-time medical subsidy for work-related injuries; 5. One-time disability employment subsidy. Of course, these listed items are not mandatory for every workers' compensation accident, and exactly which items should be paid depends on the specific situation.

Appraisal of Labor Ability" is done at the Labor and Social Security Bureau.

After bringing your "Certificate of Work-related Injury" and "Labor Ability Appraisal Certificate", you can ask the company to pay money.

If the company does not pay compensation, you must first ask the local labor arbitration department to deal with it, and if you are not satisfied with the result, you can sue the company in court for compensation.

I hope it helps you, and I wish the injured friend a speedy day**

The appraisal criteria for work-related injuries (GBT 16180-2006) are different from those for other disability appraisal standards. When there are multiple injuries in the appraisal of work-related injuries, the degree of disability of a single item should be assessed first. If several disability levels are different, the severity is graded; If two or more levels are the same, a maximum of one level will be promoted.

According to the "Labor Ability Appraisal Disability Rating of Work-related Injuries and Occupational Diseases of Employees", your brother is permanently blind in one eye, and the appraisal is grade 7 (according to Article 28 of Level 7: one eye has or does not have light perception, and the other eye corrects vision; Even if you add the spine deformity and hearing tests separately, the level will not be equal to or exceed 7, so in terms of the severity of the grade, your brother's final disability level will still be 7.

Even if you don't have an employment contract, you can get injured at work. In addition to the medical expenses for work-related injuries, nursing expenses and food subsidies during hospitalization, and wages for the period of suspension of work (lost work expenses), a one-time disability subsidy (12 months' salary) and a one-time medical subsidy for work-related injuries and disability employment subsidies when leaving the unit (varies from place to place, consult the local labor and social security department). As mentioned earlier, injuries to the ears and spine will not affect the identification results, but the cost of ** can still be mentioned.

It is recommended that you refer to Chapter 5 of the Regulations on Work-related Injury Insurance, Work-related Injury Insurance Benefits, and the General Provisions of the Labor Ability Appraisal Disability Rating of Employees Caused by Work-related Injuries and Occupational Diseases (GBT 16180-2006) Promotion Principles, and B1 graded series.