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You can apply for a work-related injury immediately before you can apply for a disability appraisal and be compensated based on the results. Be careful not to exceed the 1-year application period.

Regulations on Work-related Injury Insurance.

Article 17 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 region. 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.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:

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 injury, 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.

It is recommended that you hurry up to do the work-related injury identification and labor ability appraisal, and the amount of compensation is calculated according to the level you finally made, and you have not made it yet, so there is no way to calculate it for you.

Regarding the amount of work-related injury compensation, the actual amount of compensation will vary depending on factors such as injury, salary, and length of service. The following is the compensation standard stipulated in general and is for reference only:

1.Medical expenses for work-related injuries: work-related accidents occur from work and require medical expenses, which are carried out in two ways: outpatient and inpatient.

Outpatient pre-treatment treatment shall not be less than 10 yuan and shall not be higher than 200 yuan; Hospitalization** shall not be less than 1,000 yuan and shall not be more than 100,000 yuan. The cumulative standard for outpatient and inpatient** shall not exceed 100,000 yuan.

2.Work-related Injury Compensation for Lost Work: During the prescribed medical treatment period, during the period of recuperation due to work-related injuries, the month in which the employer pays wages is related to the month in which the injured employee actually works in the unit.

Generally speaking, the compensation for the injured worker is the daily allowance of the basic salary, and the subsidy shall not exceed eight times the per capita disposable income of the local residents, and shall not be lower than the minimum standard stipulated by the local work-related injury insurance**.

3.Work-related injury nursing expenses: During the prescribed medical treatment period, patients who are injured or disabled due to work or work-related injuries need temporary care from non-medical institutions, which will be paid by social insurance**.

The nursing fee is 7 yuan per outpatient care and 50 yuan per inpatient care.

4.Disability and one-time disability subsidy: If the disability is caused by a work-related injury, it shall be calculated according to the standards in the "Implementation Rules for Basic Medical Insurance and Work-related Injury Insurance for Employees Injured at Work" and the "Implementation Measures for Basic Medical Insurance and Work-related Injury Insurance for Employees with Injuries at Work" stipulated by the state.

In general, disability benefits range from 60 to 100 per cent of the average monthly wage. The one-time disability allowance is 3 to 24 months of the worker's average annual wage in the previous year.

1. In accordance with the regulations on work-related injury insurance.

Article 35 Where an employee is identified 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 from the work-related injury insurance** according to the level of disability, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;

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 shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Each region has specific regulations on the implementation of work-related injury insurance, and you can go online to check the work-related injury compensation standard of a certain province.

2. As long as it is not intentional, work-related injury compensation has nothing to do with liability, but the enterprise conducts internal assessment of the responsible person according to the internal management measures.

3. Find out the compensation standard first, and then negotiate with the enterprise. (If you pay work-related injury insurance, you will be withdrawn from the insurance).

4. Labor arbitration shall be conducted if the negotiation fails.

5. You should be able to apply for free legal aid, which is a local legal aid center, but not a court, and you can apply to the court to waive some other fees such as litigation fees.

6. Finally, let's go through the litigation process.

1. I didn't say where your father worked, so I can't answer the first question for you, referring to our tenth-grade work-related injury in Yantai City, the one-time compensation for terminating the labor contract is about 60,000.

2. Employees who are injured at work are not at fault. As long as it is a work-related injury, the employer must bear 100% responsibility for the work-related accident.

3. Legal aid is more difficult to apply for. You can agree with the lawyer on the risk** (that is, you can give a deposit first, and then share the work-related injury insurance money with the lawyer in proportion to the work-related injury claim after the work-related injury claim is completed, and the general risk** is more motivating for legal service providers).

Remind the upstairs not to mislead the crowd. The regulations you said have expired, so give you a look at the latest "Regulations on Work-related Injury Insurance".

Now for article 37.

One of the forms shall be found to be a work-related injury

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) Being injured in a motor vehicle accident while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Your condition may qualify for a work-related injury;

2. You can ask the employer to apply for a work-related injury determination, if the employer refuses to compensate, the individual applies for a period of one year;

3. After the injury is stabilized, if you are left with a disability, you can apply for a disability evaluation;

4. If it constitutes a disability level, you can enjoy work-related injury insurance benefits in accordance with the law; Your concerns can be resolved in accordance with the law.

5. If the employer refuses to compensate, it may apply for labor arbitration.

First, the work-related injury appraisal will be carried out, and then it will be carried out in accordance with the provisions of the work-related injury insurance regulations.

Q&A 1: It has been 2 months since your internal fixation was removed, and now you can apply for a disability assessment.

Q&A 2: Internal fixation of left medial malleolar fracture and lumbar transverse process fracture can be rated as grade 9; According to the principle of promotion, the final assessment should be as a work-related injury grade 8 disability.

Q&A 3: The one-time disability subsidy can be obtained at the social security center after you get the labor ability appraisal conclusion. If the labor contract is terminated upon expiration, or if you terminate the labor contract at your own request, you can also receive a one-time medical subsidy for work-related injuries and a disability employment subsidy paid by the employer.

If the disability level is appraised, the result of the disability level appraisal shall prevail, and only the result of the appraisal can be used as the basis for compensation. If it is a work-related injury, it is also necessary to apply for a work-related injury determination, and after it is determined to be a work-related injury, the employer may be required to compensate in accordance with the work-related injury insurance regulations. The scope of compensation includes medical treatment, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

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.

I hope it can be adopted, thank you.

This situation should be an employment relationship, which should not be dealt with by a work-related injury insurance policy, but should be resolved through civil compensation. You can do a forensic appraisal first, and then make personal injury compensation according to the level of disability. The two parties can negotiate a settlement, and if the negotiation fails, the court will make a judgment.

Yes, compensation for lost time is required, etc.

If the other party is disabled, you will also have to compensate for the disability compensation and other expenses.

Article 35 of the Regulations on Work-related Injury Insurance stipulates that employees who are identified as Grade 10 disabled due to work-related disability shall enjoy the following benefits:

1) A one-time disability allowance from work-related injury insurance** is paid for 6 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 in accordance with the standards prescribed by each province, autonomous region or municipality directly under the Central Government.

My salary refers to the average monthly salary of the injured employee in the 12 months before the accident; The salary standard shall not be less than 60 of the average salary of local employees.

Article 23 of the Regulations for the Implementation of the Labor Contract Law stipulates that if an employer terminates the labor contract of an injured employee in accordance with the law, it shall, in addition to paying economic compensation in accordance with Article 47 of the Labor Contract Law, also pay a one-time medical subsidy for work-related injuries and a disability employment subsidy in accordance with the relevant provisions of the State on work-related injury insurance.

Guangdong Province promulgated the Regulations on Work-related Injury Insurance (Abstract) 2004] One-time disability employment subsidy and one-time work-related injury medical subsidy are calculated and paid according to the salary of the person: 60 months for the fifth grade, 48 months for the sixth grade, 31 months for the seventh grade, 19 months for the eighth grade, 10 months for the ninth grade, and 5 months for the tenth grade.

I also studied.

Buy gifts for relatives, leaders, and friends, how to buy gifts, go to ** buy gifts, Baoquan shopping community.

Employees who are identified as Grade 6 disabled due to work-related disability shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance**, and the standard is: the salary of the person with a sixth-grade disability is one month's salary;

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, and the standard is: the salary of the person with a grade 6 disability shall be the employee's salary, and the employer shall pay all social insurance premiums payable for the employee 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.

It depends on whether you participate in the work-related injury insurance pool, otherwise the Tort Liability Law deals with it.

Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.

The provisions of this article shall not apply to those that fall within the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.

Article 12 Where a worker of an employer who is required to participate in the overall planning of work-related injury insurance in accordance with the law suffers personal injury as a result of a work-related accident, and the worker or his close relatives file a lawsuit with the people's court requesting the employer to bear civil liability for compensation, he or she shall be informed to handle it in accordance with the provisions of the "Regulations on Work-related Injury Insurance".

Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

Article 18: Where the victim or the deceased's close relatives suffer mental harms, and the person with the right to compensate requests compensation from the people's court for solatium for moral damages, the "Supreme People's Court Interpretation on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" is to be applied.

The right to claim solatium for moral injury must not be assigned or inherited. However, this is not the case where the person obligated to compensate has already promised in writing to give monetary compensation, or the person entitled to compensation has already filed a lawsuit with the people's court.