My work related injury is a neurological injury, can I apply for a work related injury identificatio

In your case, the company will definitely need to take responsibility. It is recommended that you follow these steps:

1. Apply for occupational disease identification. If it is recognized as an occupational disease, it shall be counted as a work-related injury, and then it can apply for a labor ability appraisal and obtain the corresponding work-related injury insurance benefits according to the disability level assessed by the appraisal.

According to the regulations on work-related injury insurance, you can apply for the following benefits:

1) Medical expenses. The invoice issued by the hospital shall prevail.

2) Food expenses. Determined based on the length of hospital stay.

3) Suspension of work with pay. Determined based on the length of hospital stay.

4) Disability Benefit. Determined according to the level of disability.

If the labor contract is terminated, the following benefits can be obtained:

Both the work-related injury medical benefit and the disability employment benefit are determined based on the level of disability.

If I am not a medical student, it is difficult to judge how much disability your situation is, please consult the relevant doctor. After you have determined the disability level, you can come back and ask me about the disability treatment.

2. If it does not constitute an occupational disease, you can compensate for damages. If you are injured as a result of your work, the company will be liable for compensation. In this case, you can also apply for a disability level assessment.

According to the judicial interpretation of the Supreme Court, you can get compensation:

Medical expenses, according to the hospital's invoice.

Lost time pay, depending on the length of hospital stay.

Food expenses, living expenses during hospitalization.

Disability compensation shall be determined according to the level of disability, and for those with first-class disability, the per capita disposable income of urban residents or the per capita net income of rural residents shall be compensated for 20 years, and for those with grade 10, it shall be compensated for 2 years.

The follow-up fee is determined based on the medical need and the hospital's invoice.

In short, the company needs to be held responsible.

In the case of work-related injuries, if there will be an old injury, you can apply for disability assessment to the local labor appraisal committee with the diagnosis certificate and medical records of the hospital, and enjoy the corresponding work-related injury treatment according to the grade.

First of all, the disability level is different depending on the nature of the injury, if it is a traffic accident, please provide detailed injury location, whether it is the middle radius or near the joint; In the case of accidental injury or intentional injury, it can reach level 9 disability; If it is a work-related injury, it can also reach the ninth level of disability.

According to the "Standards for the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees", if a left-handed person has no 1-4 fingers on his left hand, he can achieve a grade 5 disability.

Depending on your situation, it should be possible, but I said it doesn't count.

Hopefully you will get your claim and get back to health soon.

Legal Analysis: Nerve injury is a second-degree disability.

The criteria for the identification of second-level disability are as follows: 1) severe intellectual impairment; 2) Grade 3 muscle strength of triplegia; 3) hemiplegic muscle strength grade 2 4) paraplegia muscle strength grade 2; 5) Muscle strength of total muscle paralysis of both hands level 3; 6) complete sensory or mixed aphasia; 7) Severe scarring of the whole body, accounting for 80% of the body surface area, accompanied by limitation of more than 3 motor functions in the large joints of the limbs; 8) Severe disfigurement of scar or skin graft on the whole body; 9) Bilateral forearm absence or complete loss of function of both hands; 10) Loss of both lower limb high positions; 11) Scar deformity of both lower limbs, complete loss of function; 12) stiffness of both knees and ankles in non-functional positions;

13) Absence above both knees; 14) Complete loss of function of both knees and ankles; 15) Ipsilateral upper and lower limb scar deformity, complete loss of function.

Legal basis: Social Insurance Law of the People's Republic of China

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits, and if he loses his or her ability to work after the appraisal of his or her ability to work, he shall enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crimes, (2) drunkenness or drug abuse, (3) self-harm or suicide, and (4) other circumstances provided for by laws and administrative regulations.

Legal analysis: Nerve injury needs to know the degree of injury, and the disability level can be identified at the disability appraisal center, and the worker must submit an application for recognition of the injury of the worker, fill in the application form and submit the corresponding information; The social insurance administrative department accepts the application; After the social insurance administrative department accepts the application for work-related injury determination, it may investigate and verify the accident injury according to the needs of the review; to make decisions; Served.

In the national work-related injury appraisal standards, there is no corresponding disability level clause for nerve injury, so nerve injury cannot be directly graded, but according to the degree of dysfunction of the limb it innervates caused by nerve injury. For example, ulnar nerve injury is graded based on the impairment of the hand function it innerves.

Because there is a natural recovery period for nerve injury in medicine, generally 6-12 months, it is more reasonable to wait until the end of the natural recovery period, that is, the injury is basically stable before the evaluation, that is, after the worker has a group and is injured at work, it is necessary to conduct a disability evaluation in time. However, the work-related injury and disability appraisal is not initiated by the relevant departments, and it needs to be initiated by the injured worker, and the process of applying for work-related injury disability appraisal is mainly in the following aspects:

Clause. 1. Submit the application. After the work-related injury is stabilized, if it is found that there is a disability that affects the labor force, the injured worker or his employer may submit an application for labor ability appraisal to the municipal labor ability appraisal committee and submit an application.

Clause. 2. Submit the "Decision on Determination of Work-related Injury", complete medical records and other materials.

Clause. 3. Review by the Labor Ability Appraisal Committee. If the materials are complete, the appraisal committee will make a conclusion within 60 working days.

If the materials are incomplete, the Labor Ability Appraisal Committee shall, within 5 working days from the date of receipt of the application for labor ability appraisal, notify the applicant in writing of all the materials to be supplemented and corrected at one time.

Clause. Fourth, experts to appraise. Depending on the severity of the injury, the Labor Ability Appraisal Committee shall randomly select 3 experts from the expert database of medical and health organizations, or 5 experts from departments related to the injury of the injured worker, to form an expert group for evaluation.

Clause. 5. Issue appraisal conclusions. After the appraisal conclusion is made, the labor ability appraisal conclusion will be sent to the injured employee and the employer in a timely manner within 20 days, and a copy will be sent to the social insurance agency.

OK. Whether or not a nerve contusion causes a functional impairment buried chain, if there is no functional impairment, it cannot reach the degree of disability. Compensation can be made according to the level of disability due to the work-related injury.

If the injury is minor and does not meet the disability level, the compensation standard is as follows:

1. Medical expenses: subject to the amount of the hospital's invoice (about 80% of the social security support is paid, and 20% is paid by the unit);

2. Hospitalization meal subsidy: 70% of the number of days of hospitalization is 100 yuan (social security payment);

3. Nursing fee: 50 yuan for the number of days of hospitalization (paid by the unit);

4. Transportation expenses: 300-1000 (social security payment);

5. Suspension of work and salary: the period of suspension of work and salary (subject to the appraisal of the Labor Bureau) (paid by the unit).

If the employer does not purchase social insurance for the employee, all the above compensation shall be borne by the employer, and if the wage standard of the employer purchasing social insurance for the employee is lower than the actual salary of the employee, the difference shall be made up by the company.

1. The Regulations on Work-related Injury Insurance.

You should first apply for a work-related injury determination, 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 for the period of leave of absence, food allowance, nursing expenses, etc.

The best time for disability appraisal, when a traffic accident occurs, if the party is disabled due to the traffic accident, after the end of the **, the disability level shall be assessed by a qualified disability appraisal institution. It is usually carried out three months after discharge, but if the injury has been stabilized, you can apply for the assessment of the disability level to a qualified disability appraisal agency in advance according to the recommendations of the medical institution. The understanding of the end of ** in the above-mentioned law can be that the basic ** period has expired, there is no need to continue**, or there is no possibility of cure.

Under normal circumstances, if a person is injured in a traffic accident, the disability can be assessed after 3 months, but special circumstances must be determined according to the specific circumstances.

If it is indeed a work-related injury, then the employer shall give the employee a certain amount of work-related injury compensation, and if the re-appraisal constitutes disability, it shall also compensate for the disability subsidy.