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It is recommended to apply for a work-related injury determination before you can do a work-related injury identification. The amount of compensation can only be finalized after the appraisal level, and the amount of compensation will vary from place to place for the same level. If you are not familiar with it, it is advisable to seek the help of a lawyer. Or do it as follows:
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.
5. If the employer has paid social security, most of the compensation will be paid by the social security**, otherwise all will be paid by the employer.
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A labor ability level appraisal is required.
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Legal analysis: amputation and amputation of a hand is a fifth-degree disability, which should be subject to disability appraisal, and how much money should be paid, according to the specific situation of the parties and the local standard compensation, you can go to the local insurance department for consultation. Refer to the Level 5 Disability Compensation Standard:
1.A one-time disability benefit for 16 months, paid by the social security institution. The compensation base is 2,551 yuan, 16 months = 40,816 yuan;
2.The employer shall pay the disability allowance on a monthly basis, and the standard shall be 70% of the salary before the injury;
3.At the request of the injured employee, the employer shall pay a one-time disability employment subsidy and a one-time medical subsidy for work-related injury, and terminate the work-related injury insurance relationship. The one-time disability employment subsidy is 2,551 yuan for 50 months = 127,550 yuan, and the one-time medical subsidy for work-related injuries is 2,551 yuan = 25,510 yuan for 10 months.
The one-time disability subsidy is 40,816 yuan + the one-time disability employment subsidy is 127,550 yuan + the one-time work-related injury medical subsidy is 25,510 yuan = 193876 yuan.
Legal basis: Social Insurance Law of the People's Republic of China
Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:
1) Medical expenses and expenses for work-related injuries;
2) Hospitalization meal subsidy;
3) Transportation and accommodation expenses for medical treatment outside the overall planning area;
4) The cost of installing and configuring assistive devices for the disabled;
5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;
6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;
7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;
8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;
9) Labor ability appraisal fee.
Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:
1) Wages and benefits during the work-related injury;
2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;
3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.
Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.
The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.
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Legal analysis: amputation and amputation of one hand is a fifth-level disability, 1. One-time disability allowance = salary x 18 months; 2. One-time medical subsidy for work-related injuries, and 15 months' salary for grade 5 disability; 3. One-time disability employment subsidy: 15 months' salary for grade 5 disability; 4. Other expenses are determined according to the actual situation.
It should be noted that if an employee with a grade 5 disability retains the employment relationship with the employer, the work shall be arranged appropriately; If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis. Grade 5 disability is 70% of the person's salary. If the labor or employment contract of a grade 5 disabled employee is terminated or the labor relationship with the employer is terminated in accordance with the law, in addition to the basic pension insurance benefits or death, the work-related injury insurance shall pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy to terminate the work-related injury insurance relationship.
Legal basis: Article 36 of the Regulations on Work-related Injury Insurance If an employee is identified as a Grade 5 or Grade 6 disability due to work-related disability, he or she shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid from the work-related injury insurance ** according to the level of disability, and the standard is:
18 months' salary for Grade 5 disability and 16 months' salary for Grade 6 disability; (2) Retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, the standard is: 70% of the salary for the fifth grade disability and 60% of the salary for the sixth grade disability, and the employer shall pay all the social insurance premiums due to the employee in accordance with the regulations.
If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference. Upon the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, 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.
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Summary. Dear, glad to answer for you! <>
The compensation standard for right hand amputation for work-related injuries is: 1. Grade 5 disability can receive a one-time disability subsidy paid by social security for 18 months' salary. Wages are calculated on average wages.
2. To maintain labor relations, the employer needs to pay employee allowances, which are calculated according to 65% of their wages. If the employee terminates the employment relationship with the enterprise, he or she can also receive a one-time employment subsidy, which will be paid by the enterprise. The one-time Medicaid is confirmed payer in accordance with local regulations.
3. The one-time medical subsidy and one-time employment subsidy are calculated according to local regulations. Taking Zhejiang Province as an example, the one-time employment subsidy for grade 5 disability is 30 months of the average salary of employees in the province, and the one-time medical subsidy is 30 months of the average salary of employees in the province.
Compensation standard for right hand amputation for work-related injuries.
Dear, glad to answer for you! <>
The compensation standard for right hand amputation for work-related injuries is: 1. Grade 5 disability can receive a one-time disability subsidy paid by social security for 18 months' salary. Wages are calculated on average wages.
2. To maintain labor relations, the employer needs to pay employee allowances, which are calculated according to 65% of their wages. If the employee terminates the employment relationship with the enterprise, he or she can also receive a one-time employment subsidy, which will be paid by the enterprise. The one-time Medicaid is confirmed payer in accordance with local regulations.
3. The one-time medical subsidy and one-time employment subsidy are calculated according to local regulations. Taking Zhejiang Province as an example, the one-time employment subsidy for grade 5 disability is 30 months of the average salary of employees in the province, and the one-time medical subsidy is 30 months of the average salary of employees in the province.
<>The following expenses incurred due to work-related injuries in Article 38 of the Social Insurance Law of the People's Republic of China shall be paid from the work-related injury insurance in accordance with national regulations: (1) Medical expenses and expenses for work-related injuries; 2) Hospitalization meal subsidy; 3) Transportation and accommodation expenses for medical treatment outside the overall planning area; 4) The cost of installing and configuring assistive devices for the disabled; 5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; 6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4; 7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; 8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;
How much money can be taken for the highest standards.
Kiss, up to 10w dollars Oh <>
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