How to define the ability to take care of oneself at work?

First let the hospital issue a certificate, then let the qualified institution issue a certificate, and then let the insurance company intervene to see if he recognizes this, if not, it will be directly put into legal solution!

Legal analysis: The standard of work-related injury inability to take care of oneself is divided into three different levels of payment: complete inability to take care of oneself, most of the life can not take care of oneself or part of life can not take care of oneself, and the standard is respectively % or 30% of the average monthly wage of employees in the overall planning area in the previous year.

Legal basis: Article 34 of the Regulations on Work-related Injury Insurance If the employee has been assessed for disability and is confirmed by the Labor Equality Ability Appraisal Committee to be in need of life care, the living care fee shall be paid on a monthly basis from the work-related injury insurance**.

The living care expenses are paid according to three different levels: being completely unable to take care of oneself in a one-yard shed, being unable to take care of most of oneself or being unable to take care of oneself in part of one's life, and the standard is respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

Legal analysis: The standard of work-related injury inability to take care of oneself is divided into three different levels of payment: being completely unable to take care of oneself, being unable to take care of oneself for most of one's life, or being unable to take care of oneself partially, and the standard is respectively % or 30% of the average monthly wage of employees in the overall area in the previous year.

Legal basis: Regulations on Work-related Injury Insurance" Article 3 and 14 If an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, he or she shall pay a monthly living care fee 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 their standards and standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

Legal analysis: After being injured at work, you need to do a work-related injury appraisal, and then take the appraisal and relevant materials to the social security department to submit an application, and negotiate with the unit to request compensation. **All expenses and losses incurred during the period are borne by the unit.

Legal basis: "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease, submit an application for work-related injury recognition to the social insurance administrative department of the area where the accident occurs or is diagnosed or appraised as an occupational disease. In case of special circumstances, with the consent of the social insurance administrative department, the time limit for applying for a sedan car can be appropriately extended.

Legal analysis: After being injured at the construction site, you need to do a work-related injury appraisal, and then take the appraisal and relevant materials to the social security department to submit an application, and negotiate with the unit to claim compensation. **All expenses and losses incurred during the period are borne by the unit.

Legal basis: Regulations of the People's Republic of China on Work-related Injury Insurance Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

1) Whether you are completely unable to take care of yourself in life, you can refer to the provisions on nursing dependence in the "Appraisal of the Disability Degree of Work-related Injuries and Occupational Diseases of Employees". According to the relevant provisions of the "Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees", nursing dependence refers to those who are disabled due to injury or illness and need to rely on others to care for them because they cannot take care of themselves. Complete nursing dependence refers to those who are unable to take care of themselves, eating, turning over, urinating, dressing, washing, and moving themselves.

Partial care dependence refers to a person who is unable to take care of part of his or her own life, and needs care for one of the above five items. Calculation of the amount of compensation for nursing expenses who are completely unable to take care of themselves: The compensation for nursing expenses shall be calculated at 50% of the average monthly salary of employees in the overall planning area in the previous year, and shall be paid on a monthly basis. Paragraph 1 of Article 11 of the Regulations on Work-related Injury Insurance provides:

Work-related injury insurance** is coordinated in municipalities directly under the Central Government and cities divided into districts, and the overall planning level in other regions is determined by the people of provinces and autonomous regions. Therefore, the so-called overall planning area generally refers to the scope of municipalities directly under the Central Government or cities divided into districts. The formula for calculating the rough rent is:

Compensation amount for nursing expenses = 50% of the average monthly wage (yuan) of employees in the overall area in the previous year

2) Most of the life can not take care of themselvesAccording to the relevant provisions of the "Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees", most of the nursing dependence refers to those who need nursing care in three of the five items of life, such as being unable to take care of themselves, eating, turning over, urinating, dressing, washing, and self-moving. Calculation of the amount of compensation for nursing expenses who are unable to take care of themselves for most of their lives: The nursing expenses are calculated at 40% of the average monthly salary of employees in the overall area in the previous year, and are paid on a monthly basis. It is calculated as follows:

Compensation amount for nursing expenses = 40% of the average monthly wage (yuan) of employees in the overall planning area in the previous year

3) Partial inability to take care of oneself According to the relevant provisions of the "Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Workers", partial nursing dependence refers to those who are unable to take care of themselves in part of their lives, eating, turning over, urinating, dressing, washing, and self-moving. The amount of compensation for nursing expenses who cannot take care of themselves in the living part is calculated according to 30% of the average monthly salary of employees in the overall planning area in the previous year, and is paid on a monthly basis. It is calculated as follows:

Compensation amount for nursing expenses = 30% of the average monthly salary of employees in the overall area in the previous year (yuan).