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The specific registration shall be subject to the appraisal results issued by the appraisal agency, and the following are the procedures for determining work-related injuries.
1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);
3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.
4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
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Finger skin grafting is counted as a grade 10 work-related injury, and the specific results depend on the appraisal conclusion of the expert group of the Labor Ability Appraisal Committee. The parties concerned shall apply to the local labor department for work-related injury identification, and if they do not apply for work-related injury identification, they will not be able to apply for labor ability appraisal and then obtain disability compensation. As long as it is recognized as a work-related injury, then the injured employee can enjoy work-related injury benefits.
**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 unit shall pay the inpatient meal subsidy according to 70% of the standard of the meal 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.
If an employee is injured in an accident or suffers from an occupational disease due to 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 of work and salary, and shall be paid by the original employer on a monthly basis.
[Legal basis].Article 14 of the Regulations on Work-related Injury Insurance.
In any of the following circumstances, it shall be found to be a work-related injury:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Legal analysis: 1. According to the described injury, the disability level can be identified as a grade 10 disability, and the specific result depends on the appraisal conclusion of the expert group of the Labor Ability Appraisal Committee; 2. First of all, it is necessary to apply to the local labor department for work-related injury identification, which is the premise of all problems, without applying for work-related injury identification, you cannot apply for labor ability appraisal, and then obtain disability compensation, if the unit does not apply, the individual employee must apply within one year from the date of injury; As long as it is recognized as a work-related injury, then the injured employee can enjoy work-related injury benefits. If there is no disability level, then there is just no one-time benefit.
The employee's expenses during the period of ** expenses are paid by the work-related injury insurance**, and the employee's salary is paid by the unit on a monthly basis. 3. If the injury is determined to be a work-related injury, after the injury is stable, you can apply for labor ability appraisal to identify the work-related injury level, and then calculate the amount of disability compensation according to the disability level;
Legal basis: According to the provisions of Item 6 of the 10-level disability appraisal standard of GB T 16180-2014 "after finger skin grafting (hypertrophic scar of more than 1 cm2)", the disability level can be identified as a grade 10 disability, and the specific results depend on the appraisal conclusion of the expert group of the Labor Ability Appraisal Committee; First of all, it is necessary to apply to the local labor department for work-related injury identification, which is the premise of all problems, without applying for work-related injury identification, it is impossible to apply for labor ability appraisal, and then obtain disability compensation, if the unit does not apply, the individual employee must apply within one year from the date of injury; If the injury is determined to be work-related injury, after the injury is stabilized, you can apply for a labor ability appraisal to determine the level of work-related injury, and then calculate the amount of disability compensation according to the level of disability.
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Legal analysis: If the ear of finger skin grafting is delayed, the disability level is not assessed according to the skin graft area, but the disability level is assessed according to the scar area after skin grafting, and the skin graft is 3cm2, and the scar area of the pin burns after skin grafting reaches 1cm2, it can be assessed as a grade 10 disability.
Legal basis: Social Insurance Law of the People's Republic of China Article 36 If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is identified, he or she shall enjoy the treatment of work-related injury insurance; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.
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Legal analysis: In the case of finger skin grafting, the disability level is not assessed according to the skin graft area, but the disability level is assessed according to the scar area after skin grafting, and if the skin graft is 3cm2 and the scar area reaches 1cm2 after skin grafting, it can be assessed as a grade 10 disability.
Legal basis: Social Insurance Law of the People's Republic of China Article 36 If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is identified, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.
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