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It is best to find the local labor department to do a work-related injury appraisal, and correspond to the compensation standard according to the level of work-related injury appraisal.
Otherwise, there is no standard and basis, and it is easy to have disputes.
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Work-related injury appraisal refers to the act of having an employee applying for work-related injury appraisal appraise a work-related injury by a work-related injury appraisal committee after the completion of his or her medical treatment or the expiration of his or her medical treatment period. It is an important means and evidence to determine the level of work-related injury and follow-up care. "Regulations on Work-related Injury Insurance" How to compensate for minor work-related injury appraisal finger fracture Article 18 The following materials shall be submitted to apply for work-related injury identification:
1) Application Form for Determination of Work-related Injury; 2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate). The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee. Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time.
After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it. Article 19 After accepting an application for recognition of work-related injuries, the social insurance administrative department may, according to the needs of the examination, conduct an investigation and verification of the accident injury, and the employer, employees, trade union organizations, medical institutions, and relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases.
The social insurance administrative department will no longer conduct investigation and verification of those who have obtained a certificate of diagnosis of an occupational disease or an appraisal of an occupational disease in accordance with the law. If the employee or his close relatives believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.
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Legal analysis: If you are injured at work and are recognized as a work-related injury, you should first determine the level of disability, then calculate the amount of compensation according to the level of disability, and then negotiate with the unit on the issue of compensation.
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 in case of emergency, they can first go to the nearest medical institution for first aid.
**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**.
The specific registration shall be subject to the appraisal results issued by the appraisal agency, and the following are the procedures for determining work-related injuries. >>>More
1.The appraisal of labor ability (work-related injury disability assessment) is mainly based on the diagnosis of work-related injury and the situation of the work-related injury, and in accordance with the relevant provisions of the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014. Since the specific injuries of the injured are not stated, it is impossible to estimate the specific level of disability based on the current situation of the vegetative person, and the specific results depend on the appraisal conclusions of the expert group of the Labor Ability Appraisal Committee. >>>More
1. At the age of 20, the right index finger needs to be amputated due to a work-related injury, and the work-related injury can be determined as a grade 9 disability. >>>More
If the employer does not compensate for the death of work, the president can protect the rights through labor disputes. >>>More
I commanded the tower crane to hit the worker and fractured my wrist, do I have to pay for medical treatment and compensation?