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1. It must be a work-related injury.
2. If it is just pain, it will not affect the function in the future, and it is not missing, there is no need to identify a work-related injury, take a picture first. Apply if it's serious!
3. Claim corresponding compensation according to the determination of work-related injury and the level of disability.
4. At least the hospitalization expenses should be borne by the employer.
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First of all, it is certain that it is a work injury, because it is an injury that occurs during working hours. But the question arises, what happened on the 14th, why didn't you take a X-ray, didn't do other tests, and didn't ask the doctor to issue a certificate of need to rest, does this imply that your friend's boss is okay with your friend's hand?
If you need to compensate for a work-related injury or ask for leave, the premise is that you need to have a certificate from the hospital, and there is no proof of it, how to call the unit compensation and how to ask for leave?
It is recommended to ask to go to the hospital again for a detailed review, and then take the conclusion given by the hospital, what to do and how to do it, the company will generally give paid leave, (within the hospital's valid leave certificate), as for other compensation, it depends on your friend's boss, give a certain monetary subsidy, that is humane, not a penny, it is normal. After all, it's just a finger to press, and if you are held responsible, half of the responsibility also belongs to your friend's improper operation. That's for sure.
Your friend can instruct others to do it, it must be the master's level, the master's level was pressed, 90% of his own operation is improper).
So, go to the hospital for another check-up, take out the hospital vacation, and then go to recuperate. Don't think about anything else.
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If it is a work-related injury, the unit shall be responsible for compensation.
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It is recommended to do a work-related injury appraisal first.
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Work-related death compensation refers to the death of an employee due to work-related death, and his immediate family members receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the law. The standard of funeral expenses is: 6 months' average monthly salary of employees in the overall planning area of the unit in the previous year.
That is, funeral subsidy = 6 months of average monthly salary of employees in the overall area in the previous year. Completely incapacitated for work: the spouse of the deceased employee is at least 60 years old for men and 55 years old for women; The parents of the deceased employee are at least 60 years old for males and 55 years old for females; The children of the deceased employee are under the age of 18; The parents of the deceased employee are both deceased, and their grandfather or maternal grandfather is at least 60 years old, and their grandmother or maternal grandmother is at least 55 years old; The children of the deceased employee have died or have completely lost the ability to work, and their grandchildren or grandchildren are under the age of 18; The parents of the deceased employee have died or have completely lost the ability to work, and their siblings are under the age of 18.
2. The pension standard for dependent relatives is: spouse, 40% of the monthly salary of the deceased employee is paid every month; For other relatives, 30% of the monthly salary of the deceased employee shall be paid every month. Each person who is lonely or orphaned will receive an increase of 10% per month on the basis of the above standard smiles.
Article 39 of the Regulations on Work-related Injury Insurance If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions: (1) The funeral subsidy shall be 6 months of the average monthly wage of the employee in the overall area in the previous year; (2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The criteria are:
40 per month for spouses, 30 per month for other relatives, and 10 per month for each elderly or orphan who is alone 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 social insurance administrative department
3) The standard of one-time work-related death allowance shall be 20 times the per capita disposable income of urban residents in the previous year. Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article.
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Legal analysis: It can constitute Youdan's seventh-grade disability (specifically based on the determination of work-related injuries), and 13 months' wages should be compensated.
Legal basis: Article 37 of the Regulations of the People's Republic of China on Work-related Injury Insurance Article 37 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: a one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance, and the standard is:
Grade 7 disability is 13 months' salary; Grade 8 disability is 11 months' salary for the rent; Grade 9 disability is 9 months' salary; Grade 10 disability is 7 months' salary.
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Hello, about the thumb The workers' compensation standards are as follows: It belongs to the eighth grade disability, and the compensation is because the provinces, municipalities and autonomous regions can adjust themselves. According to the < Labor Ability Appraisal Employee Work-related Injury and Occupational Disease Disability Grade" GB T 16180-2014 Level 8 Grading Principles Partial organ defects, abnormal morphology, mild functional impairment, general medical dependence, no self-care disorder.
17) A thumb interphalangeal joint is severed; 18) Deformity of the interphalangeal joint of one thumb, complete loss of function; According to Chapter 5 of the "Regulations on Work-related Injury Insurance" Work-related Injury Insurance Benefits Article 37 An employee who is identified as having a disability of Grade 7 to Grade 10 due to work-related disability 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: 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 proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time air raid subsidy to the work-related injury medical bureau, 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. Sichuan Provincial Level 8 Disability Compensation Standard: One-time disability subsidy for 11 months, proving that the actual income in the 12 months before the injury is calculated according to the average of the 12 months of Tong Brother; If it cannot be proven, it will be calculated according to the average of the work-related injury insurance contribution base for the 12 months prior to the injury!
The one-time employment subsidy for 18 months shall be calculated according to the average monthly wage of local employees in the previous year. The one-time Medicaid is 8 months, and the standard is the same as the one-time employment subsidy. Other expenses can be negotiated with the company by yourself!
Labor Ability Appraisal Employee Disability Grade of Work-related Injury and Occupational Disease GB-T 16180-2014 "Loss of Big Toe Fracture" According to the general situation, it is level 10 "no dysfunction after the fracture of all parts of the body heals", and a one-time disability subsidy can be paid from the work-related injury insurance ** according to the disability level, and the grade 10 disability is 6 months' salary. There are 10 levels of work-related injury rating standards, of which grades 1 to 4 are total incapacity, grades 5 to 6 are mostly incapacitated, and grades 7 to 10 are partial incapacity.
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Legal analysis: The compensation standard is: 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 injuries, 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.
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 the determination of 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 ** after the expiration of the suspension period, he or she will continue to enjoy the treatment of 3 work-related injuries. 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. If the employer refuses to pay, the worker may apply to the labor dispute arbitration commission for labor arbitration.
Legal basis: Regulations on Work-related Injury Insurance
Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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.
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It's very simple, the first is to discuss with both parties in the case of good communication, and follow the process in the case of difficult communication.
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1. To apply for work-related injury identification, your injury can be assessed as a grade 10 disability (subject to disability identification) 2. After the work-related injury is identified, medical expenses, transportation and accommodation expenses, suspension of work (work-related injury wages), and nursing expenses will be compensated according to the work-related injury insurance regulations.
Identified as a one-time disability subsidy for grade 10 disability compensation for 7 months, 2000 * 7 = 14000 yuan.
When the labor contract is dissolved or terminated, a one-time medical subsidy and a one-time employment subsidy shall be compensated in accordance with the work-related injury insurance regulations of your province or city.
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