There are questions about workers compensation, questions about workers compensation

It may still not be rated as disabled. Grade 10 disability, if possible.

Grade 10 disability, the lightest kind.

You may not be able to have a grade 10 disability, and you will have to go to a qualified hospital, which is the largest hospital you can think of. If it is level 10, the disability benefit is calculated in this way.

It does not constitute a grade 10 disability.

Classification of 10 levels of disability.

a.Partial limitation of the ability to perform daily activities;

b.The ability to work and study has decreased;

c.Partially limited social communication skills.

Grade 10 disability compensation standard.

Disability compensation is calculated for 20 years from the date of determination of disability on the basis of the degree of the victim's inability to work or the level of disability, and according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. 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.

Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.

If you are injured in the work arranged by the employer, it should be regarded as a work-related injury, and the employer shall compensate you for your medical expenses, hospital meal allowance, transportation expenses, room and board expenses, **** expenses, assistive device expenses, and suspension of work with pay.

6. Nursing fees. Personal experience feels that your injury does not constitute a disability, so disability benefits should not be included.

It is about a grade 10 disability, which can compensate about 10,000 yuan.

The landlord is estimated to be disabled, and the unit will give you some money if it has a humane heart, but according to the law, you can't rely on the disability of this finger, and you can't get compensation, but the wages you miss because of the work injury caused by the work, the unit must give you all the wages, and the medical expenses if you have insurance, the insurance company will come, and the unit will come if you don't have insurance.

In the event of a work-related injury, follow the following three steps;

Step 1: For work-related injury determination, the employer shall apply for work-related injury recognition in accordance with the law, and if the employer fails to apply in accordance with the law, the injured employee or his close relatives shall apply for work-related injury recognition in accordance with the law. The recognition of work-related injuries is a prerequisite for work-related injury claims (to enjoy work-related injury insurance benefits).

Step 2: After the injury is terminated or the injury is stabilized, apply for a work-related injury appraisal. The results of work-related injury appraisal are the basis for work-related injury claims. Let the coarse.

Step 3: Claim work-related injury insurance benefits (claims) in accordance with the law, which requires learning to apply the corresponding provisions of the "Regulations on Work-related Injury Insurance" and the "Social Insurance Law" (it is necessary to study laws and regulations), and apply for work-related injury insurance benefits according to the work-related injury appraisal results and the scope, items, calculation methods and procedures prescribed by law.

Work-related injury insurance benefits are statutory benefits, and as long as they are recognized as work-related injuries, their rights and interests can be protected. If the employer fails to pay the work-related injury insurance premium in accordance with the law or refuses to pay the work-related injury insurance benefits, it may apply for work-related injury insurance** to pay in advance.

If the employer has participated in employee insurance in the social security department, 9 months of my salary will be added, and a one-time payment.

Article 37 An employee who is disabled due to work is identified as grade 7 to.

Enjoy the following treatments:

a) From the work-related injury insurance ** press.

Pay. The standards are: 13 months' salary, 11 months' salary, 9 months' salary, and 7 months' salary for grade 7 disability;

2) If the labor is terminated at the expiration of the term, or the employee himself proposes to terminate the labor, it shall be paid by the work-related injury insurance.

It is a one-time payment by the employer.

and disposable. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Article 60: The term "these Regulations" refers to "Chapter 4".

It refers to the total amount of labor remuneration paid directly by the employer to all employees of the employer.

For the purposes of these Regulations, the term "personal wages" refers to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by work. My salary is higher than.

300% of the average salary of employees, according to.

300% of the average salary of employees; My salary is less than.

If the average salary of employees is 60%, it shall be calculated according to 60% of the average salary of employees in the overall planning area.

1. According to the regulations on work-related injury insurance, the original salary during the work-related injury period shall be paid by the employer on a monthly basis. 2. Legal basis: Article 33 of the Regulations on Work-related Injury Insurance stipulates that 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 injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit 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 employee is assessed for disability level, 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 injured after the expiration of the suspension period, he or she will continue to enjoy the medical treatment of the work-related injury, which is the work-related injury insurance lost time pay.

Article 38 of the 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 national regulations: (laughing and arguing) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging 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 subsidy and a monthly disability allowance for disabled employees 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 case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee. Article 39 of the Social Insurance Law of the People's Republic of China stipulates that the following expenses incurred due to work-related injuries shall be paid by the employer in accordance with national regulations:

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 of the Social Insurance Law of the People's Republic of China stipulates that if an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the 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.

Legal analysis: In the event of a work-related accident, the employer shall submit an application for work-related injury recognition within 30 days. If the employer fails to apply in accordance with the regulations, the injured employee or his close relatives may apply for work-related injury recognition within one year, and apply for the appraisal of working ability (disability level) after the end of the application, and the disability level shall be subject to the appraisal results.

Chong Min's work-related injury compensation items include: medical expenses, hospital meal allowance and nursing expenses, wages during the period of suspension of work, transportation and accommodation expenses, disability assistive device expenses, living care expenses, one-time disability bijiao subsidy, one-time work-related injury medical subsidy and one-time disability employment subsidy, etc.

Legal basis: Article 10 of the Regulations on Work-related Injury Insurance The employer shall pay the work-related injury insurance premiums on time. Employees do not regret paying work-related injury insurance premiums.

The amount of work-related injury insurance premiums paid by an employer is the product of the total wages of its employees multiplied by the employer's contribution rate. For industries that are difficult to pay work-related injury insurance premiums according to the total salary, the specific way of paying work-related injury insurance premiums shall be prescribed by the social insurance administrative department.

I don't think it makes sense:

1.Social security is a supplementary payment, after the occurrence of a work-related injury, the labor bureau determines that it is a work-related injury, and the social insurance will not pay the corresponding treatment to the injured employee, because the unit is suspected of taking the work-related injury insurance, in fact, the employer is also trying its best to evade the corresponding responsibility, and the social insurance will no longer pay disability allowance and medical subsidies for Zhang.

2.The arbitration commission may have insufficient investigation and evidence collection, or deliberately ignored the damage to the interests of employees caused by the delay in payment of social insurance.

3.It is recommended that the employee who leaks the employee apply for labor arbitration again, explain the matter to the arbitration commission again, and require the employer to pay the actual economic losses caused to the employee due to the negligence of the employer. If you really can't do it, go to the civil lawsuit in the court.

I wish you all the best in defending your rights.

1.First of all, it is necessary to apply to the local labor department for work-related injury recognition, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the employer does not apply, the individual employee must apply within one year from the date of injury;

2.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages during the period of suspension of work (work-related injury **, **) shall be paid according to the original treatment. If nursing care is required during the suspension period, the unit shall be responsible, and the food allowance during the hospitalization shall be paid according to the standard of the place where the injured employee is located;

3.After the injury is stabilized, you can apply for a labor ability appraisal to identify the level of work-related injury, and then calculate the amount of disability compensation according to the level of disability;

4.If the employer does not fulfill the above obligations, the injured employee can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration to protect their legitimate rights and interests, if there is anything they don't understand, they can directly call 12333 to consult the local labor department!

According to the work-related injury treatment, it constitutes a first-level work-related injury, and the salary of the person shall be compensated for 27 months, and the medical expenses shall be fully reported, and the labor contract shall not be terminated, and 90% of the allowance shall be paid. and primary care.

In this case, you need to apply for a work-related injury determination first to see if you can apply for a work-related injury determination. If it can be recognized as a work-related injury, then the family can claim compensation for the traffic accident or claim work-related injury benefits in accordance with the provisions of the work-related injury insurance regulations. Of course, after being identified as a work-related injury, it is also necessary to do a labor ability appraisal, and determine the specific work-related injury insurance benefits based on the appraisal conclusions.

It is recommended that you appoint a lawyer** to get the maximum benefit.

Since there is work-related injury insurance, you should first apply for work-related injury identification, and only after the work-related injury is recognized can you enjoy work-related injury benefits. The Regulations on Work-related Injury Insurance clearly stipulate that those that should be paid by social security should be paid by the employer.

I read the "Regulations on Work-related Injury Insurance" and can read it in half an hour, and I have a full set of measures for what to do. Just follow the instructions above. It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability.

If I have time, I will go to the labor bureau to ask about the average salary of the local area in the previous year, and some compensation items are related to this.

Article 33 of the Regulations on Work-related Injury Insurance stipulates that if an employee is identified as a first-class disability due to work-related disability, he or she shall retain the labor relationship, quit the job, and enjoy the following benefits:

1) A one-time disability allowance from work-related injury insurance** for 24 months' salary;

2) The monthly disability allowance from work-related injury insurance** is 90 of the person's salary, but not lower than the local minimum wage.

3) If the level of care is confirmed by the labor appraisal committee, the living care fee shall be paid on a monthly basis.

4) When the injured employee reaches the retirement age, he or she shall go through the retirement procedures and enjoy the basic pension insurance benefits.

My salary refers to the average monthly salary of the injured employee in the 12 months before the accident; The salary standard shall not be less than 60 of the average salary of local employees. Disability allowances and living care expenses are to be adjusted annually by provinces, autonomous regions, and municipalities directly under the Central Government.

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

Before answering your question, it is important to clarify one question: is your compensation for work-related injuries caused by third-party injuries (such as injuries sustained in a traffic accident on the way to and from work) be subject to double compensation or a lump sum compensation policy? Due to the different situations in different places, it is recommended to consult with the local labor bureau.

If the total amount compensation policy is adopted, since you are not the main responsibility, the civil compensation for the traffic accident has basically been paid enough (close to or more than the work-related injury compensation), and the work-related injury insurance** (and the employer) will not pay much, unless the perpetrator escapes or has no assets to pay.

If the double compensation policy is adopted, generally speaking, in addition to the medical expenses of the work-related injury, other compensation can be enjoyed twice. Therefore, I would like to reply to your question as follows:

The one-time disability allowance of 9 months' salary for the level of disability can be settled at the social security institution after you have seen it, and the compensation amount is indeed transferred to you through the company's account.

Even if it is a double compensation policy, medical expenses cannot be enjoyed twice (otherwise, no matter how serious the injury, the more you see, the more you will be compensated, which is obviously unreasonable). If the traffic accident compensates for the medical expenses of the work-related injury (including the cost of removing the steel plate in the later stage), it can no longer be reimbursed from **. If there is no full compensation, all the medical records and expense documents will be handed over by the company to the social security institution, and the insufficient part will be paid.

3. The one-time work-related injury medical subsidy is paid by **, which is also transferred to you through the company's account. The one-time disability employment allowance is paid directly by the company. If the company refuses to pay, you can go to the labor department to apply for labor arbitration and claim compensation from the company.

If you are about to quit your job, because your injury has been more than 1 year, and you are about to have a steel plate removal surgery, it is recommended that you:1If you quit your job after surgery, you can also be reimbursed by your workers' compensation insurance** in case the traffic accident compensation does not cover the medical expenses.

2.When resigning, all compensation is claimed to the company at one time, so that the company does not pay, and two labor arbitrations are required.