A migrant worker of a construction company fell and suffered a burst fracture of his spine during wo

Updated on healthy 2024-02-09
7 answers
  1. Anonymous users2024-02-05

    In addition to paying medical expenses for accidents, the company should also pay the following compensation, whose injuries constitute a grade 10 disability, and need to pay compensation for grade 10 disability, the legal basis is Article 37 of the "Regulations on Work-related Injury Insurance": If an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she shall enjoy the following benefits:

    1) A one-time disability allowance shall be paid from work-related injury insurance** according to the level of disability, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability.

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

  2. Anonymous users2024-02-04

    First, the work-related injury is identified, then the labor ability appraisal is carried out, and finally the compensation fee is calculated according to the appraisal results, and the company is negotiated, but the negotiation fails to arbitrate.

  3. Anonymous users2024-02-03

    The amount depends mainly on the level of disability assessment.

  4. Anonymous users2024-02-02

    If it is a work-related injury, it is entitled to work-related injury benefits in accordance with the law. If the company does not pay work-related injury insurance, the company will bear the relevant costs. The specific cost shall be calculated after the completion of the labor ability appraisal.

  5. Anonymous users2024-02-01

    Apply for work-related injury recognition and enjoy work-related injury benefits.

  6. Anonymous users2024-01-31

    Answers]: a, d, e

    2021 Textbook P190 2020 Textbook P1891) Major accidents refer to the accidents that cause the death of more than 3 people and 10 people, or the serious injuries of more than 10 people and less than 50 people, or the direct economic losses of more than 10 million yuan and less than 50 million yuan.

    P203: After receiving the report, the person in charge of the project construction unit shall report to the competent department of housing and urban-rural construction and relevant departments of the people's ** at or above the county level where the accident occurred within 1 hour.

    The responsibility and punishment of the accident shall be punished according to the approval of the accident investigation report by the relevant people and the provisions of relevant laws and regulations, and the relevant responsible person shall be punished by the accident.

    The accident investigation team shall submit an accident investigation report within 60 days from the date of the accident. @##

  7. Anonymous users2024-01-30

    Overtime on the construction site should be a work-related injury, and the claim should have the following 9 categories.

    1.Medical expenses.

    Medical expenses are determined on the basis of the receipt vouchers for medical expenses, hospitalization fees, etc., issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates.

    2.Lost time pay.

    Lost time pay is determined based on the victim's lost time and income. Number of days lost from work Actual earnings (or average earnings in the last three years, or average wages of employees in the same or similar industry in the previous year).

    3.Nursing fees.

    The nursing fee is determined based on the income status of the nursing staff, the number of nursing staff, and the duration of nursing care.

    In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.

    4.Travelling expenses.

    5.Accommodation fee.

    6.Hospitalization meal allowance.

    7.Necessary nutrition expenses.

    8.Disability compensation.

    9.Disability Assistive Device Fee.

    10.Dependants' living expenses.

    11.**Care, continuation** actual necessary ** expenses, nursing expenses, follow-up ** expenses.

    If the disability benefit is set at disability level 9, it is 9 months' salary.

    The living expenses of the dependents are calculated according to the degree of the dependent's inability to work, and according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

    Regulations on Work-related Injury Insurance

    Article 37 Employees who are assessed as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits:

    1) A one-time disability allowance shall be paid from work-related injury insurance** according to the level of disability, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability.

    Labor ability appraisal of employees' disability levels caused by work-related injuries and occupational diseases

    Nine-level clause series.

    23) After internal fixation or external fixation of long tubular bone fracture of limbs;

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