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1. If there is a disability that affects the ability to work after the injury is relatively stable, the labor ability appraisal shall be conducted, generally speaking, the appraisal can only be made after the injury is stable, and there is no difference in law;
2. Legal basis:
1) "Administrative Measures for the Appraisal of the Labor Ability of Employees Injured at Work" Article 7 In the event of a work-related injury, if an employee has a disability that affects his or her ability to work after the injury is relatively stable, or if the period of suspension of work with pay expires (including the extension period confirmed by the Labor Ability Appraisal Committee), the injured employee or his employer shall promptly submit an application for labor ability appraisal to the Labor Ability Appraisal Committee of the city divided into districts.
2) Regulations on Work-related Injury Insurance (2010 Revision) Article 21 If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be appraised for his or her ability to work.
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1.This depends on the injury of the injured employee, the injury is different, the identification time is also different, can not be generalized!
2.According to the Regulations on Work-related Injury Insurance, an injured employee can apply for a labor ability appraisal to determine the level of work-related injury after the injury is stabilized. If there are internal fixation devices such as steel nails and steel plates, they can only be evaluated after removal (unless the doctor proves in writing that the internal fixation equipment such as steel nails and steel plates in the body does not need to be removed and has been retained in the body).
3.If you have any questions, you can ask or directly consult your local labor department at 12333.
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OK. According to the appraisal standards for work-related injuries and disabilities, a one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance** in accordance with the appraisal standards: 13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability.
Fingers are used in daily life more than pure filial piety of a body part, if the finger injury, sometimes it will have a certain impact on life and work, of course, at work, fingers and hands can be said to be a more common type of work-related injury, many people will say that it is a work-related injury can apply for work-related injury identification, so can a finger injury at work apply for work-related injury identification, how to determine the compensation?
If you have injured your finger at work, you can apply for a work-related injury appraisal?
1. Whether you can apply
Finger injuries can be applied.
1. According to item 1 of the appraisal rules, the interphalangeal joint of the thumb is severed, which is grade 7. The examining physician should also determine the grade based on the actual circumstances of the injury.
2. After the disability appraisal, compensation will be made according to the determined level.
For example, level 7: 1) Work-related injury insurance** pays a one-time disability allowance for 12 months' salary.
2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards are set by each province, and you can consult the local work-related injury insurance agency in detail.
3. The amount of compensation is generally not subject to age restrictions.
4. You can check the specific provisions of the "Regulations on Work-related Injury Insurance" in detail. For specific problems, the work-related injury insurance agency should be consulted.
2. Determination of compensation
According to the regulations on work-related injury insurance, an application for work-related injury recognition should be made first, and the amount of compensation can only be finalized after waiting for the level of labor ability appraisal.
1. To apply to the Human Resources and Social Security Bureau for the recognition of work-related injury, the company needs to declare 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, 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;
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.
Of course, no matter what kind of body parts are injured at work, it is best to carry out work-related injury appraisal in time, and the work-related injury appraisal of finger work-related injuries is best to be identified in a timely manner after the completion of **, of course, if nothing else, generally speaking, finger work-related injuries can be rated as seven-level work-related injuries.
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Summary. Hello <>
According to the Interim Regulations on the Appraisal of Labor Ability, the degree of disability and the location of the injury shall be determined based on the medical certificate and diagnostic opinion, and the applicant shall be informed of the appraisal results. The work-related injury certificate is the basis for the medical expenses, nursing expenses, lost work allowance and other economic benefits paid by the work-related injury insurance**, which must indicate the time, place, cause, injury location and other information of the work-related injury. Therefore, when conducting the disability appraisal, the injured part must be the same as that on the work-related injury certificate, which is to ensure the accuracy and fairness of the appraisal results, and to facilitate the identification and compensation of work-related accidents by work-related injury insurance**.
If the appraisal result is inconsistent with the injured part on the work-related injury certificate, it may affect the judgment of work-related injury insurance** and the applicant's economic treatment.
Is it necessary that the injured part be the same as the one on the work-related injury certificate?
Hello <>
According to the Interim Regulations on the Appraisal of Labor Ability, the degree of disability and the location of the injury shall be determined based on the medical certificate and diagnosis or bridge opinion, and the applicant shall be informed of the appraisal results. The work-related injury certificate is the basis for the medical expenses, nursing expenses, lost work allowance and other economic benefits paid by the work-related injury insurance**, which must indicate the time, place, cause, injury location and other information of the work-related injury. Therefore, when conducting a disability appraisal, the injured part must be the same as that on the work-related injury certificate, which is to ensure the accuracy and fairness of the appraisal results, and to facilitate the identification and compensation of work-related injury insurance** for work-related accidents.
If the appraisal result is inconsistent with the injured part on the work-related injury certificate, it may affect the judgment of work-related injury insurance** and the applicant's economic treatment.
If the applicant believes that the injured part on the work-related injury certificate is incorrect, he or she may file an objection with the employer or the social insurance agency and request a new determination. At the same time, they can also dig up chaotic ways through legal means to protect their legitimate rights and interests.
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Summary. Legal basis: "Labor Relations Law", "Provisions on the Administration of Labor Ability Appraisal", "Regulations on Work-related Injury Insurance", if the injured part is inconsistent with the work-related injury identification certificate during the disability appraisal, the employee can provide more comprehensive medical evidence and supporting materials to apply to the work-related injury identification agency for re-identification.
Hello kiss is a kiss that needs to be the same. The injured part of the disability appraisal should be the same as that recorded in the sedan car on the work-related injury certificate. It is because what is recorded in the work-related injury hail determination is a fact, and it is also a protection for the rights and interests of employees, and the disability appraisal is the estimation and treatment of work-related injury compensation.
Legal basis: "Labor Relations Law", "Regulations on the Administration of Labor Ability Appraisal", "Regulations on Work-related Injury Insurance", "Disability Appraisal Certificate", "Labor Ability Appraisal Regulations", "Labor Injury Appraisal Regulations", "Labor Injury Appraisal Regulations", "Labor Injury
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The criteria for the identification of work-related injuries and accidents are not the same. Because these two kinds of disturbances are different, one is an accident, and the other is a wax book that slows down when you go to work.
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The criteria for identifying the disability of work-related injuries and accidents are not the same, and some of the details are not the same. In addition, the disability assessment level for work-related injuries and accidents is also different.
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It is different, the standards are different, the subjects are different, the identification methods are different, the departments involved are different, and the compensation for you is different.
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It mainly depends on whether your feet affect normal walking and the recovery of your own injury.
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Legal analysis: 1. Chong Pai Zheng applied to the relevant departments for work-related injury recognition and submitted materials, including the application form for work-related injury identification, labor relationship certificate, and diagnosis certificate;
2. After receiving the application, the relevant departments will review the materials;
3. The relevant departments shall make a decision on whether to identify it as a work-related injury based on the submitted information and the actual situation.
Legal basis: Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
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.
Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.
Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and can first go to the nearest medical institution for first aid in case of emergency.
**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 catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.
The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.
Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.
If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
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Summary. Individuals applying for work-related injury recognition are required to apply for labor ability appraisal (disability level appraisal) within 1 year from the date of work-related injury, and they must be discharged from the hospital and have obtained a work-related injury certificate before applying, and the time limit is also specified.
Finger injury, when is the best work injury identification.
Hello, I am a partner lawyer of the platform and have received your question.
The amputation of the two sections of the small eye's fingers can order several levels of wounds
It depends on what caused your little finger to be amputated.
If it is a work-related injury, it can be assessed as a grade 10 disability, but if it is a traffic accident, it cannot be assessed as a grade 10 disability.
Individuals applying for work-related injury recognition are within 1 year from the date of work-related injury to apply for labor ability identification (disability level identification), and Li He** must be discharged from the hospital and have obtained a work-related injury certificate before applying, and the time limit is also stipulated.
If the work-related injury determination is made before the discharge of **, the application must be made within 1 month after the discharge of **, and if the work-related injury determination is made after the discharge of **, Wang Xi must apply within 1 month from the date of the work-related injury determination.
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