How to compensate the boss for a broken foot that is injured at work in the second year

If the injured foot is unable to do work in the second year after the injury is fractured, according to the provisions of the Regulations on Work-related Injury Insurance, the employer shall continue to pay wages according to the wage standard before the injury during a reasonable period of suspension of work with pay, the legal basis is as follows:

Article 33 of the Regulations on Work-related Injury Insurance Article 33 If 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 injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit to which he or she belongs on a monthly basis.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Work-related injuries are subject to a maximum period of 2 years of suspension with pay, wages are paid normally, and medical expenses are fully reimbursed.

You'Have you applied for a work-related injury appraisal?'As long as there is a fracture, there is a grade 10 disability'I have to pay you about 90,000 yuan'The factory will also pay you three months' wages'You sent it'I have a colleague who has been in this situation'bar.

In view of the above circumstances, first, you can apply for work-related injury recognition and claim work-related injury compensation, (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 employer shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease.) 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.

Second, the amount of work-related injury compensation is determined according to the level of disability, so you can conduct a disability appraisal after the injury is stabilized, and the final disability level is subject to the appraisal results.

Hello, it is recommended to assess the disability first, and then claim compensation according to the results.

Legal Analysis: The solution for the boss to solve the problem of work-related injury fracture is to recommend prosecution.

The details are as follows: 1. Within one year from the date of the occurrence of the work-related accident, oneself or close relatives can directly apply for work-related injury recognition to the Human Resources and Social Security Bureau. After being recognized as a work-related injury, you can enjoy work-related injury insurance benefits in accordance with the law;

2. If the employer has not purchased work-related injury insurance, the employer will pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated by relevant laws;

3. If there is no labor contract with the employer, the employer is directly employed, and there is evidence to prove the formation of an employment relationship, according to the relevant laws and regulations: "the employer shall be liable for personal injury suffered by the employee in the course of employment activities", and may sue the boss and demand that the employer bear the liability for compensation.

Legal basis: 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) 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.

Legal Analysis: Injuries and fractures on the construction site are work-related injuries, and if the employer does not apply for work-related injury recognition within 30 days, the employee can apply for it within one year. If the ability to work is affected by work-related disability, an appraisal of the ability to work shall also be conducted.

Compensation is obtained from work-related injury insurance** based on the results of work-related injury identification and labor ability appraisal.

Legal basis: 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) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident in the workplace before or after working hours, engaging in work-related preparatory or finishing work;

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) During the period when they are out for work, they are injured due to work reasons or have an accident and do not talk openly about their whereabouts;

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.

Legal analysis: The scope of compensation mainly includes: medical expenses, hospital meal subsidies, transportation, room and board expenses, assistive device expenses, wages for the period of suspension of work, nursing expenses for the period of suspension of work, one-time disability allowance, termination of labor relations, one-time medical subsidies for work-related injuries and one-time employment subsidies for disability, and in the event of work-related deaths, also includes pensions for dependent relatives.

Defeated. Secondly, the compensation procedure is relatively lengthy, and the employer should apply to the labor bureau for recognition of the work-related injury within one month after the occurrence of a work-related injury. If the employer does not apply, the injured person must file an application with the labor department within one year from the date of the accident. After the work-related injury is identified, after the end of the medical inspection or the expiration of the medical treatment period, the labor appraisal committee at or above the county level shall conduct an appraisal of the disability level.

Based on the appraisal results, the compensation standard is calculated.

Finally, if the employer has paid work-related injury insurance, except for the wages and one-time employment subsidies during the suspension period, which need to be paid by the company, other items are generally paid by work-related injury insurance; If the employer fails to open an account for the worker's work-related injury insurance, all the compensation involved shall be borne by the employer; If the employer has registered for the work-related injury insurance for the employee but has not paid the insurance premium, and the employee can make up the payment in time after the work-related injury, the relevant expenses shall be borne by the social security and the company through negotiation.

Legal basis: Regulations on Work-related Injury Insurance

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at 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 62 Where an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance is absent from work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.

After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

OK. In the event of a work-related accident, the employer shall submit an application for work-related injury recognition within 30 days, and if the employer fails to apply in accordance with the regulations, the injured employee or his close relatives may apply for work-related injury recognition within one year. Workers' compensation items include:

Medical expenses, hospital meal allowance and nursing expenses, wages during the period of leave of absence, transportation and accommodation expenses, disability assistive device expenses, living care expenses, one-time disability allowance, one-time medical subsidy for work-related injuries and one-time disability employment subsidy, etc. The amount of compensation depends on the level of disability, the person's salary and the average local wage. If the negotiation of the claim fails, you can apply for labor arbitration for the claim.

Article 41 of the Social Insurance Law of the People's Republic of China If an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer.

Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.