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According to the description, it was preliminarily judged to be a grade 7 disability. The specific results are subject to the results of labor ability appraisal.
Grade 7 disability can receive a one-time disability subsidy paid by social security, which is 13 months' salary. Wages are calculated on average wages. When terminating the employment relationship with the enterprise, you can also receive a one-time employment subsidy, which will be paid by the enterprise.
One-time Medicaid. The one-time Medicaid and one-time employment grant are calculated in accordance with local regulations. Taking Zhejiang Province as an example, the one-time employment subsidy for grade 7 disability is 10 months of the average salary of employees in the province, and the one-time medical subsidy is 10 months of the average salary of employees in the province.
Regulations: Regulations on Work-related Injury Insurance
Article 37 Where an employee is assessed as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;
2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
Work-related injuries in Zhejiang Province.
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If it is due to a broken finger due to a work injury, it is generally assessed according to the disability level, it is likely to be at least a disability level of 10 or above, and the loss may be more than 20,000 yuan.
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Only by determining the specific level of work-related injury and disability can the corresponding compensation standard be determined. For specific compensation provisions, please refer to Chapter 5 of the Regulations on Work-related Injury Insurance
1.Application for work-related injury identification: Human Resources and Social Security Bureau of the place of insurance (uninsured: the location of the employer).
2.Application for Labor Ability Appraisal: Municipal Labor Ability Appraisal Committee.
3.The employer has paid work-related injury insurance and applied to the Human Resources and Social Security Bureau for work-related injury benefits paid by work-related injury insurance**; At the same time, the employer is required to pay the rest of the workers' compensation. If the employer fails to pay, the employer shall pay in full.
4.If the employer refuses to pay, the employee may apply to the Labor Dispute Arbitration Commission for labor arbitration.
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How much can I pay for a broken finger due to a work injury? It depends on which finger is used to determine the level of work-related injury and the compensation is paid in accordance with the work-related injury regulations.
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How much can a finger be compensated for a broken work-related injury? Based on your question, I inquired about it. It is necessary to go through the disability appraisal of the hospital and then go through the arbitration of the Labor Bureau.
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Legal analysis: The standard of compensation for work-related injuries and disability is: the standard of one-time medical subsidy for work-related injuries is 14 months for grade 5 disability and 12 months for grade 6 disability.
For other workers suffering from occupational diseases and requiring long-term **, 6 months will be added on the basis of the above standards, and the one-time disability employment subsidy standard is 60 months for grade 5 disability and 48 months for grade 6 disability. If the standard is grade 7 disability, the subsidy will be three years, and the subsidy will be 26 months for grade 8 disability, and the employer or social insurance agency will not pay the relevant benefits after the subsidy reaches the time limit.
Legal basis: Article 34 of the Regulations on Work-related Injury Insurance If an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, he or she shall pay a monthly living care fee from the work-related injury insurance**. The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.
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The scope of work-related injuries is the premise for the determination of work-related injuries, and is generally directly stipulated by law. The provisions of work-related injury insurance laws and international labor conventions on the scope of work-related injuries in various countries and regions mainly adopt the following legislative models: general legislative model, enumerated legislative model, and mixed legislative model.
As long as it is a fracture, it is generally a grade 10 disability, and the grade 10 disability of work-related injuries is about 60,000 yuan, which is different from place to place, which is related to the amount of my salary and the local economic situation, and it is recommended to go to the local labor and personnel dispute arbitration court for consultation.
Work-related injury appraisal refers to the act of appraising the work-related injury of an employee who applies for work-related injury appraisal on the basis of the completion of his or her medical treatment or the expiration of his or her medical treatment period, and the labor ability appraisal committee at or above the districted city shall conduct an appraisal of his or her work-related injury-related matters. The scope of work-related injury appraisal includes: appraisal of working ability, appraisal and confirmation of the period of suspension of work, appraisal of nursing level, appraisal of disability assistive devices, etc.
You identify first. The appraisal of work-related injuries shall be made by the labor ability appraisal committee of the city divided into districts. After receiving an application for labor ability appraisal, the labor ability appraisal committee at the districted city level shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall put forward an appraisal opinion; Then, according to the appraisal opinion of the expert group, the appraisal conclusion of the working ability of the injured employee is made; When necessary, a qualified medical institution may be entrusted to assist in the diagnosis.
The application for work-related injury determination shall be filled in the Application Form for Work-related Injury Determination and submitted: (1) a copy of the labor contract or other valid proof of the establishment of the labor relationship; (If it is a de facto employment relationship and the employer does not recognize it, it shall apply to the labor dispute arbitration commission for confirmation of the de facto employment relationship). (2) Post-injury diagnosis certificate issued by a medical institution, etc. 2. Labor ability appraisal (disability grade appraisal).
If the injured employee has expired or the injury is in a relatively stable state during the period, he or she may submit an application for labor ability appraisal, fill in the "Labor Ability Appraisal (Confirmation) Form for Work-injured Employees", and submit: (1) 1 copy of the work-related injury determination decision or the "Work-related Injury Certificate"; (2) 1 copy of the ID card of the person being evaluated, 2 copies of one inch**; (3) Copies of the medical records, diagnosis certificates, physical and chemical test reports, CT, X-rays and other diagnosis and treatment materials of the person being evaluated; (4) Miscellaneous. 3. Work-related injury benefits.
Disability includes: (1) medical expenses (2) hospital meal allowance (3) nursing expenses (4) one-time disability subsidy: the monthly salary of the worker The number of statutory months (the number of months varies according to the level of disability) (5) One-time medical subsidy:
Average monthly wage standard for employees in Chongqing Statutory number of months (different numbers of months corresponding to different disability levels) (6) One-time disability employment subsidy or disability allowance (7) Salary for the period of suspension of work: ** time (different time for different injuries) Average salary of the worker in the 12 months before the injury (8) Follow-up ** fee.
Dear, do you still have questions?
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Legal analysis: The determination of work-related injuries and disability appraisal shall be carried out, and the disability compensation shall be determined only after the level of disability appraisal shall be determined.
If an employee is injured and the other four fingers of his right hand are missing, except for the thumb, he or she shall be assessed as a grade 6 disability.
Work-related injury compensation includes: medical expenses, wages during the period of suspension of work, hospital meal allowance, nursing expenses, transportation expenses, accommodation expenses, one-time disability allowance, and one-time employment allowance and one-time medical allowance if the labor relationship is terminated. The specific amount shall be determined in combination with the salary of the person and the average monthly salary of the employee in the province in the previous year.
Legal basis: Regulations on Work-related Injury Insurance
Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering from violence or other accidental injuries during working hours and in the workplace due to the performance of work duties; (4) Suffering from occupational diseases; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Injured in traffic accidents or accidents involving urban rail transit, passenger ferries, or trains for which they are not primarily responsible while commuting to or from work, (7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
Article 36 Where an employee is assessed as having a Grade 5 or Grade 6 disability due to work-related disability, he or she shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance**, and the standard is: 18 months' salary for grade 5 disability and 16 months' salary for grade 6 disability;
2) Retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, the standard is: 70% of the salary of the person with grade 5 disability, 61% of the salary of the person with grade 6 disability, and the employer shall pay all social insurance premiums due to him in accordance with the regulations.
If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.
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Compensation for general injuries caused (not up to disability): medical expenses, food allowance during hospitalization, living care expenses, wages during the work-related injury, transportation and accommodation expenses. Compensation for Resulting Disability:
Medical expenses, food allowance for the injured during hospitalization, assistive devices, one-time disability allowance, disability allowance, etc.
Article 38 of the Social Insurance Law.
The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations: (1) 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 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the state: (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.
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Hello, happy to answer for you. Compensation according to the eighth level of disability. The questioner's cousin suffered a work-related injury, resulting in 3 5 amputation of the right thumb, which meets the provisions of the national standard "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014 "Level 8" and "Broken Joints between the Thumbs and Fingers", and should be assessed as Grade 8 disability.
If the injured employee is identified as a grade 8 disability, in addition to the wages and benefits during the work-related injury medical treatment and suspension period, the work-related injury insurance** shall pay a one-time disability subsidy of 11 months' salary. When the labor relationship is dissolved or terminated, the work-related injury insurance** shall pay a one-time medical subsidy, and the employer shall pay a one-time employment subsidy, and the specific standards shall be stipulated by the province, municipality directly under the Central Government and autonomous region. Hope it helps you and I wish you happiness and happiness every day!
Hello, happy to answer for you. Compensation according to the eighth level of disability. The questioner's cousin suffered a work-related injury, resulting in 3 5 amputation of the right thumb, which meets the provisions of the national standard "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014 "Level 8" and "Broken Joints between the Thumbs and Fingers", and should be assessed as Grade 8 disability.
If the injured employee is identified as a grade 8 disability, in addition to the wages and benefits during the work-related injury medical treatment and suspension period, the work-related injury insurance** shall pay a one-time disability subsidy of 11 months' salary. When the labor relationship is dissolved or terminated, the work-related injury insurance** shall pay a one-time medical subsidy, and the employer shall pay a one-time employment subsidy, and the specific standards shall be stipulated by the province, municipality directly under the Central Government and autonomous region. Hope it helps you and I wish you happiness and happiness every day!
Questions. How to compensate for the loss of a section of the right thumb.
How to compensate for the loss of a section of the right thumb.
Compensation according to the eighth level of disability.
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To apply for work-related injury compensation, you need to first identify and assess the work-related injury, and the compensation for work-related injuries is also determined according to the level of disability.
Legal basis: Article 18 of the Regulations on Work-related Injury Insurance: The following materials shall be submitted to apply for work-related injury determination:
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 for work-related injury determination in writing at one time of all the materials that need to be supplemented and corrected. After the applicant requests to supplement and correct the materials in accordance with the written notice, the labor and social security administrative department shall accept the application.
Article 22 of the Regulations on Work-related Injury Insurance: The appraisal of working ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care disorder.
There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.
There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself in most of the Zen caves, and inability to take care of oneself in part of life.
The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.
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