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1.Employees injured at work must apply for labor ability appraisal (work-related injury disability grade appraisal) at the labor ability appraisal committee of the municipal human resources and social security bureau where the employer is located.
2.According to Article 23 of the Regulations on Work-related Injury Insurance, an application for labor ability appraisal shall be submitted to the Municipal Labor Ability Appraisal Committee where the injured employee's unit is located, and relevant information on the determination of work-related injury and the medical treatment of the work-related injury shall be provided.
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For fracture disability, generally speaking, fractures that recover well and do not leave any sequelae are not rated as disabled, and if they are disabled, they can generally be rated as 8-10 grade disability according to the degree of disability.
In the assessment of disability, it is true that only when the disability is assessed as disabled, the work-related injury insurance** will pay the appraisal fee, if the relevant appraisal fee is not evaluated, the work-related injury insurance will not pay, but there is no clear explanation of who should pay the fee, and it will generally be handled by the employee and the injured employee through negotiation.
If your hand is injured due to a complete work, you will continue to pay your medical expenses until it is complete.
Therefore, in addition to paying wages normally after a work-related injury, if you can be rated as disabled, the employer will pay a one-time employment subsidy when you terminate the labor relationship with the employer, and the employer will not bear the responsibility of other material compensation according to the law.
Good luck with you**.
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The disability assessment must go, and the disability assessment fee seems to be only a few dozen yuan.
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Your injuries can be assessed as grade 10 disability. It will definitely be rated as disabled.
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The standards and regulations for work-related injury disability assessment are:
1. Apply for work-related injury recognition.
Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;
Article 17 Where 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 labor and social security 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 labor and social security 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 immediate family members 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 labor and social security administrative department of the coordinating area where the employer is located.
2. Disability evaluation.
Labor Ability Appraisal - Classification of Disability Caused by Work-related Injuries and Occupational Diseases of Employees
Level 7 24) After the artificial joint of the large joint of the limbs, the basic ability to take care of the life independently;
25) Traumatic arthritis of large joints of the limbs, long-term recurrent effusion;
Grade VIII 21) Chronic osteomyelitis due to open fracture infection, anti-**Author;
22) traumatic arthritis of large joints of the extremities, no effusion;
Grade 9 22) Patients with moderate or above pitting edema of the lower limb persisting one year after the trauma of the affected limb;
23) Patients without functional impairment after fracture internal fixation;
Level 10 14) No dysfunction after healing of fractures in various parts of the body;
3. Treatment after disability.
Article 29 of the Regulations on Work-related Injury Insurance Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.
Article 31 Where an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.
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.
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You can apply for appraisal, but the specific level will be determined after the appraisal of the professional department.
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If the grade can be assessed, it is necessary to apply to the local labor and social security bureau for a work-related injury determination within 30 days of discharge, and then go to the relevant department for appraisal three months later. Take a look at the relevant work-related injury assessment criteria online.
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The appraisal of work-related injury and disability level shall be completed by the labor appraisal committee at or above the prefecture or city, applied by the disabled employee himself, reported by the unit to the local labor department, and implemented by the local labor department in conjunction with the experts organized by the labor appraisal committee at or above the prefecture or city.
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First of all, you should consult with the Labor Bureau, there should be a work injury management department within the Labor Bureau, and they will tell you what procedures you should go through and what documents to submit. Work-related injury appraisal is generally conducted at a designated hospital.
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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!
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【Work-related Injury Appraisal】The Regulations on Work-related Injury Insurance stipulate that if the work-related injury of an employee is relatively stable, the employer, the injured employee or his or her immediate family members shall apply to the Labor Ability Appraisal Committee of the city divided into districts to conduct labor ability appraisal and nursing dependence level appraisal, and provide the "Work-related Injury Determination Decision" and the relevant (medical records) of the employee's work-related injury medical treatment.
Within 60 days from the date of receipt of the application, the Labor Ability Appraisal Committee shall, in accordance with the national standard GB T 16180-2006 for the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees, make a conclusion on the appraisal of working ability, and the conclusion of the appraisal shall be sent to the employer applying for appraisal and the injured employee or his immediate family members, and issue the Employee Disability Certificate to the employee.
If the employer, the injured employee or his or her immediate family members are not satisfied with the labor ability appraisal conclusion, they may apply to the labor ability appraisal committee at the next higher level for another appraisal within 15 days from the date of receipt of the appraisal conclusion.
One year after the conclusion of the labor ability appraisal, if the employer, the injured employee or his or her immediate family members and their social insurance agency believe that the disability has changed, they may apply for a review and appraisal of their working ability.
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First apply for work-related injury determination, and after determining that it is a work-related injury according to the results of the identification, apply for disability appraisal, and then claim compensation based on the results of the appraisal, and the work-related injury determination is a prerequisite.
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It is sufficient to apply to the local labor department for work-related injury disability assessment, and the materials required for work-related injury disability assessment are as follows:
Article 8 of the Administrative Measures for the Appraisal of Labor Ability of Employees Injured at Work shall fill in the application form for labor ability appraisal and submit the following materials:
1) The original and photocopy of the "Decision on the Determination of Work-related Injury";
2) Complete medical record materials such as valid diagnosis certificates, examination and inspection reports copied or reproduced in accordance with the relevant provisions of medical institution medical record management;
3) The original and photocopy of the worker's resident ID card or social security card and other valid identification documents;
4) Other materials specified by the Labor Ability Appraisal Committee.
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Hangzhou lawyer Zhang:
If there is an employment relationship between him and the employer, he should apply to the labor and social security department where the employer is located for a work-related injury determination as soon as possible (within one year at the latest) from the date of the accident. Without a work-related injury, the work-related injury disability level cannot be assessed.
It is advisable to consult a professional lawyer in person.
You can take a look at this**: Hangzhou Disability Compensation Network.
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The determination of work-related injury is a prerequisite for assessing disability.
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It is recommended to apply to the Social Security Bureau for work-related injury recognition first, apply for disability appraisal after the medical treatment is completed, and entrust a lawyer to claim work-related injury benefits through legal channels according to the appraisal results.
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Apply for a work-related injury determination first. After the work-related injury is identified, the disability assessment can be carried out. It is recommended to describe your injury, let everyone evaluate it for you first, it is estimated that you can reach the level of disability, if there is no hope at all, there is no need to evaluate the disability.
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If the labor relationship can be determined, you should apply for work-related injury identification and labor ability appraisal as soon as possible to the work-related injury identification department and the labor ability appraisal department, and then apply for labor arbitration as soon as possible according to the appraisal results, and request the employer to compensate for the work-related injury as soon as possible, because the statute of limitations is only 1 year, and the law will not support it after the statute of limitations, and you will lose the right to win the lawsuit.
Compensation items for disability caused by work-related injuries: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc.
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1.According to the relevant provisions of the "Regulations on Work-related Injury Insurance", the labor ability appraisal (work-related injury and disability level appraisal) is composed of 3 or 5 relevant experts randomly selected by the municipal labor ability appraisal committee from the medical and health expert database established by it, and the expert group puts forward the appraisal opinions, and the municipal labor ability appraisal committee makes an appraisal conclusion according to the appraisal opinions of the expert group in combination with the provisions of the "Labor Ability Appraisal of the Disability Grade of Work-related Injuries and Occupational Diseases of Employees" GB T16180-2014.
2.Employees with work-related injuries can compare the relevant provisions of GB T16180-2014 on the "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" to estimate their disability level based on their own injuries.
3.If the applicant has any objection to the appraisal conclusion, he or she may, in accordance with Article 26 of the Regulations of the People's Republic of China on Work-related Injury Insurance, submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion.
4.If you don't understand anything, you can call 12333 directly to consult the local labor department!
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My father is a rural household registration in Hunan, and he was injured while working at the Dalat Banner construction site in Inner Mongolia, and the company is also from Hunan, and he has been in the hospital for more than two months, and now the hospital's diagnosis has been issued to me, as follows:
Impressions: 1, abdominal trauma (1) rupture of the spleen (2) rupture of the greater stuffy membrane (3) partial necrosis of the small intestine (4) laceration of the right inguinal wall, separation of the braid of the abdominal wall, contusion of the right spermatic cord.
2. Pelvic fracture, comminuted fracture of the left femoral neck.
3. The left kidney is absent, and the right kidney is tuberculosis. (My dad was born with only one kidney, does the tuberculosis in his right kidney have anything to do with this injury?) )
4. Traumatic hemorrhagic shock.
Treatment: Initial anti-shock in hospitalization, nutritional support and splenectomy, partial small bowel resection and anastomosis of the left fracture closure AO frame and functional thawing at the time of treatment.
Suggestion: Functional thawing at the time of the patient, regular re-examination of X-ray, selection of weight-bearing, abandonment of abduction and fixed removal time, and it is recommended to further clarify the diagnosis of right renal tuberculosis in the hospital and continue**.
Now the doctor said that because there is a comminuted fracture, there is an 80% chance that the bone marrow at the fracture site will be necrosis, but this will wait for half a year to determine whether there is necrosis, and in the hospital** is similar to recuperating at home, as long as there is regular reexamination to observe whether the bone marrow has necrosis. The company also asked us to be discharged from the hospital, saying that we would pay according to the insurance, I don't know if we can do a disability assessment in such a situation? The construction site is about to be completed in less than a month, and it is very likely that there will be a change of management next year, so I really don't know what to do now?
I went to apply for a work-related injury identification, but the work-related injury identification requires a medical record, we have not been discharged from the hospital, we can't get the medical record, even if we are discharged now, and we are worried that the employer will not do anything, and the later ** will not be guaranteed. Ask for advice.
7 months' salary for grade 10 disability Note: My salary refers to the average monthly salary paid by the injured employee in the 12 months before he or she was injured in an accident or suffered from an occupational disease due to work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area. >>>More
Hehe, the same ..I also applied and am waiting.
1: If the disability is assessed, whether it is to go to the local labor bureau to assess the disability; First, it must be recognized as a work-related injury, and then it should be rated, and the rating materials should be submitted to the local labor and social security bureau (such as the county social security bureau), and they will then send it to the city for rating, or they can send it themselves. >>>More
A broken left index finger can probably be rated as a grade 10 disability, subject to appraisal, and the specific compensation items can include medical expenses, pay for suspension of work, food allowance, transportation expenses, nutrition expenses, one-time disability subsidy, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc., and the last three lump sum compensation for a total of 12 months' wages.
If the recovery is not obvious after 3 months, you can go for a disability assessment, like you, you can be assessed as a grade 10 disability, and the basic tendon rupture cannot be completely restored! >>>More
Let me tell you: Actually, this is very simple, the injury of the injured person caused him to lose a certain ability to work, or left some sequelae. >>>More