Workers Compensation QuestionsQuestion Details Navigate to Question 40

1. "Alveolar bone damage is 4cm long, and more than 4 teeth are lost" is a grade 9 disability. If you have already applied for a disability assessment, please be patient and the result will be available within 60 days.

2. Article 32 of the Regulations on Work-related Injury Insurance: Due to the needs of daily life or employment, injured employees can be fitted with prostheses, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance in accordance with the standards stipulated by the state.

When you get the notice of disability appraisal conclusion, you have to look carefully: in the work disability? At the back of the class, there will be an assistive device: dentures, prostheses or wheelchairs.

Therefore, the cost of fitting dentures is also covered by workers' compensation insurance**, but it may be paid in the form of a multi-year cycle. If you want to replace your dentures at the end of the year, you can apply to the Labor Bureau for replacement.

3. If the labor contract is terminated, the compensation you get is a one-time compensation, and the cost of installing dentures will also be paid to you in a lump sum.

4. The salary of the month of rest belongs to the period of suspension of work, and the salary is paid according to the average salary of the 12 months before your injury.

5. Do not propose to terminate the labor contract now, after getting the notice of disability appraisal conclusion, no matter whether you or the unit first proposes to terminate the labor contract, as long as both parties agree, you can get a one-time medical subsidy and a one-time re-employment subsidy. And the period of leave without pay may be counted at that time.

If you are afraid of disputes in the future, keep the work-related injury certificate, the notice of disability appraisal conclusion, medical records, CT films, and X-rays. The first two items are quite good, but they are all in triplicate, and the Labor Bureau has a copy on file. As long as you or your family members go to the hospital, you should be able to bring them out, and CT and X-rays should be returned after the disability assessment.

The most important thing is that you have to apply for a work-related injury determination, and if it is a work-related injury, then follow the procedure to go down.

"5. What should be done if the company fails to compensate according to the amount of compensation paid by the labor arbitration when the disabled worker applies for compensation? "Apply to the court for enforcement.

According to the regulations on work-related injury insurance, it is necessary to apply for work-related injury recognition first, and the compensation amount can only be finalized after waiting for the labor ability appraisal level.

Article 17 of the Regulations on Work-related Injury Insurance 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 injury 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.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for a labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts;

Depending on the level of disability, the compensation received is not the same. 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.

If it is recognized as a work-related injury, if the injured person is hospitalized** work-related injury, the unit shall pay the hospitalization meal subsidy according to 70% of the food subsidy standard of the unit for business trips; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes. Outpatient expenses should also be reimbursed in full. (If the hospital uses drugs other than those stipulated by social security, and the social security ** cannot be paid, it should be paid by the company).

Disability assessment is mainly based on whether the injured part has dysfunction and the degree of impact on life and work. After the tendon rupture is surgically repaired, the recovery function is relatively satisfactory, and the disability level is generally not assessed. However, depending on the specific condition of your injury, you can also apply for a labor ability assessment.

Let's go to a work-related injury determination first. Your company should apply to the relevant authorities within one month after your accident, if not, you can do so within one year after your accident. Go and apply.

After the work-related injury is determined, the medical expenses can be recovered.

During the break, it is counted as normal work.

It can also be compensated accordingly.

Then make a disability grade. Depending on your level of disability, you may be able to receive compensation.

Finally, in the case of you, the employer should appropriately transfer the employee and not dismiss a work-related injury like you.

Teach you a way to go straight to court and sue and then ask for compensation for the amount you want. When the verdict is handed down, that's pretty much the amount of compensation you should get.

Disability assessment can be carried out, and I have a rough estimate of the ninth or tenth grade disability.

If you do not sign a contract, you can also apply for a work-related injury determination.

You have to find out which construction company is on the site? Is there any labor subcontracting? Check with the contractor to get in.

If there is labor subcontracting, the labor service company shall be the respondent and apply for work-related injury determination;

If there is no subcontracting, the construction company shall be the respondent and apply for a work-related injury determination.

After the identification, the labor ability appraisal shall be submitted.

The amount of compensation is then determined according to the level of appraisal.

You can claim without a contract, and you have to find two co-workers to prove that your uncle is working at that construction site, and tell me about the injury process. Claim from the contractor and the general contractor on the construction site, the amount of compensation depends on the specific situation, and it is recommended to consult a local lawyer.

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!

1.Class 10 disability can claim a one-time disability allowance based on 6 months' salary.

2.The so-called personal salary is the average monthly salary of the employee in the 12 months before the work-related injury. If it is less than 12 months, it will be calculated according to the actual average monthly wage.

3.Grade 10 disability can also claim a one-time medical benefit for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Average salary for the previous twelve months.

1. First of all, according to your description, cutting off a little tip of the index finger should be considered a work injury. I don't know if you have paid work-related injury insurance, but if you do, apply for work-related injury recognition as soon as possible. Otherwise, your employer will be responsible for the employee's work-related injury benefits;

2. The losses caused by lateness, early departure or unauthorized resignation to the company can be held accountable, and the easiest way is to fine in accordance with the company's rules and regulations. Of course, the procedure and content of this rule must be legal in the first place;

It is recommended that your company hire a perennial legal counsel to handle the company's legal affairs.

1. First cut off a little of the tip of the index finger, which should be considered a work injury, no matter what responsibility he has, unless you have proof that he self-harmed.

2. The losses caused to the company can be held accountable, and the easiest way is to impose a fine.

3. The key is that work-related injuries and his tardiness and early departure cannot be confused together, which are two different things.

If it is a work-related injury and the employer wants to bear the liability for work-related injury compensation without fault, it shall first apply for work-related injury identification and labor ability appraisal, and work-related injury insurance can be used for compensation.

**Work-related injuries are subject to a period of suspension with pay, which is generally not more than 12 months. How to determine, each region has its own regulations. For example, if the doctor says that Sun Fu can recover about three months after being discharged from the hospital, then the time of hospitalization plus more than three months is the period of suspension with pay.

The application for disability assessment is to be carried out after the injured employee has been relatively stable after the injury is relatively stable, so it is generally said that the disability level is identified, and the suspension period of pay is stopped, and the disability treatment is enjoyed.

The employer participates in the work-related injury insurance, and the main expenses that need to be paid are:

1. The part of the medical expenses that is not in the work-related injury insurance catalogue (the part in the work-related injury insurance catalogue is paid by the work-related injury insurance**);

2. If there is no nursing care during hospitalization, the nursing fee must be paid (no need to pay for nursing care);

3. The original salary and benefits remain unchanged during the suspension period;

4. If the injured employee terminates the labor contract with the unit, the unit shall pay a one-time disability employment subsidy, which is different according to the disability level identified, according to the standards of Zhejiang Province, the standard of one-time disability employment subsidy is: 30 months for level 5, 25 months for level 6, 10 months for level 7, 7 months for level 8, 4 months for level 9, and 2 months for level 10, which shall be calculated and paid according to the average monthly wage of on-the-job employees in the province in the previous year when the labor relationship (labor, employment contract) is dissolved or terminated.

1. The length of the suspension period shall be confirmed by the Stool Oak Hospital and the Labor Ability Appraisal Committee according to the illness and the situation.

2. Nursing expenses, transportation expenses and hospital meal subsidies are paid by the factory; In addition, after the disability assessment, according to the level of disability, apply for a one-time disability subsidy, and the specific amount depends on the level of disability. Only coarse.

Generally, it is not more than 12 months, and the suspension period will no longer be calculated after the disability assessment. It depends on the level of disability and whether the employment contract is terminated.

If there is no insurance, if there is no insurance, the enterprise will pay the medical expenses in full, and the first period is paid according to my basic salary. After the disability assessment, the Social Security Bureau has a subsidy, and the enterprise must pay the employment allowance after the employee leaves the company.