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1. It is recommended that the worker urge the employer to 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 occurrence of the accident injury, and if the employer fails to submit an application for work-related injury recognition in accordance with the regulations, the employee himself can also directly submit an application for work-related injury recognition to the social insurance administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the accident injury;
2. The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination.
3. After the identification, the employer, the injured employee or his close relatives shall submit an application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts, and provide the relevant information of the work-related injury determination decision and the employee's work-related injury medical treatment;
4. If the time for the identification of work-related injuries is missed, it is difficult to protect the rights and interests.
5. The appraisal is a professional judgment made by the forensic doctor based on the medical history information provided by the worker (such as: medical records and hospital films, etc.), and the lawyer cannot make an appraisal based on your statement alone.
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Hello, you can apply for injury appraisal in a medical institution first, and the ** certificate issued by the hospital is the basis for the other party to compensate. It is recommended to entrust a lawyer to collect relevant evidence, report to the police to investigate the criminal responsibility of the other party in accordance with the law, or sue the court to require the other party to bear civil liability for compensation.
The scope of damages includes: medical expenses, lost work expenses, hospital meal allowances, nursing expenses, transportation expenses, accommodation expenses, and direct property losses. If disability is caused, there are also disability compensation, disability equipment expenses and spiritual solace money; In the event of death, there shall also be death compensation, living expenses of dependents, etc., and each compensation item shall be determined according to the actual situation, and the expenses shall be settled in a lump sum.
The criteria for the various compensation costs are:
1. Medical expenses: paid according to the hospital's necessary expenses for the party's traffic accident trauma, and if it is really necessary to continue after the case is concluded, it will be paid according to the necessary expenses.
2. If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to the loss of work;
3. Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for the staff of the state agency where the traffic accident occurred.
4. Nursing expenses: If the injured person has income during hospitalization, it shall be calculated according to the provisions of the compensation for lost work, and if there is no income, it shall be calculated according to the average living expenses of the place where the traffic accident occurred.
5. Disability compensation: According to the level of disability and calculated according to the per capita disposable income of the place where the traffic accident occurred, the compensation shall be 20 years from the date of disability, but if the person is over 60 years old, the age shall be reduced by one year for each additional year. Those over the age of 75 shall be counted as five years.
6. The living expenses of the dependents shall be limited to the persons who were actually supported by the deceased before his death or before the disabled person lost the ability to work, and shall be calculated according to the standard of subsidy for the living difficulties of residents in the place where the traffic accident occurred, and shall be raised to the age of 18 for those under the age of 18 and for those who are unable to work for 20 years, but the age of 60 or more shall be reduced by one year for each additional year, and for those over 75 years old, it shall be calculated as five years.
7. Transportation expenses: Calculated vouchers according to the actual necessary expenses of the parties.
8. Accommodation fee: Voucher shall be paid according to the standard of accommodation expenses for general staff of state organs in the place where the traffic accident occurred.
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Go to the Labor Bureau to apply for a work-related injury.
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Hello, apply for work-related injury recognition and enjoy work-related injury benefits.
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If it is a work-related injury, apply for work-related injury recognition in a timely manner.
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Negotiation cannot solve the problem of reporting work-related injuries in accordance with the law.
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Apply for an appraisal of a work-related injury and receive compensation.
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After the work-related injury is identified, the employer may apply for the appraisal of the labor ability level, and request the employer to pay compensation according to the appraisal results.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing 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 urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Legal analysis: After the work-related injury is identified, the employer can apply for the appraisal of the labor ability level, and the employer shall be required to pay compensation according to the appraisal results.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic sock accident or an accident involving urban rail transit, passenger ferry, or train while commuting to or from work; Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
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Summary. As long as it is an accidental injury or occupational disease caused by work, it can be recognized as a work-related injury. In other words, a stitch on the scalp can be recognized as a work-related injury as long as it is caused by work, and its cost and treatment should be enjoyed in the same way as other work-related injury cases.
According to Article 10 of the Regulations of the People's Republic of China on Work-related Injury Insurance, work-related injuries shall be accidental injuries and occupational diseases caused by work-related reasons. If the stitches on the scalp are caused by work, it can be recognized as a work-related injury. In addition, according to Article 3 of the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases, occupational diseases refer to chronic diseases, subacute diseases, acute diseases and other diseases caused by occupational harmful factors such as exposure, inhalation, ingestion, injection, scratching and so on in a specific operation or in a specific working environment.
If the stitches are worked in a way that causes a scalp injury, it can also be considered an occupational disease.
Dear, hello, a stitch on the head is considered a work-related injury As long as it is an accidental injury or occupational disease caused by work, it can be recognized as a work-related injury. In other words, a stitch on the scalp can be recognized as a work-related injury as long as it is caused by work, and its cost and treatment should be enjoyed in the same way as other work-related injury cases. According to Article 10 of the Regulations of the People's Republic of China on Work-related Injury Insurance, work-related injuries shall be accidental injuries and occupational diseases caused by dust due to work-related reasons.
If the stitches on the scalp are caused by work, it can be recognized as a work-related injury. In addition, according to Article 3 of the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases, occupational diseases refer to chronic diseases, subacute diseases, acute diseases and other diseases caused by occupational harmful factors such as exposure, inhalation, ingestion, injection, scratching and so on in a specific operation or in a specific working environment. If the working environment in which the stitches are working is likely to cause scalp injury, it can also be considered an occupational disease.
Hello, dear, you can also describe the situation to me, here is a better answer for you
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Twenty stitches on the head, 20 cm long, do not constitute a disability level.
The stitches on the head of the employee are scalp lacerations, and there is no organ defect, no dysfunction and medical dependence, and only scars will be left, but the scar area is obviously less than 1% of the whole body area, which does not constitute a disability level.
National Standards of the People's Republic of China.
Labor ability appraisal of employees' disability levels caused by work-related injuries and occupational diseases
gb/t16180-2014
Ten-level grading principle.
Partial organ defect, abnormal morphology, no dysfunction, no medical dependence or general medical dependence, no self-care disorder.
10-level clause series.
Anyone who meets one of the following conditions is a work-related injury grade 10.
1) Those who meet one of the criteria for moderate disfigurement;
2) Facial scarring, skin grafting, foreign body pigmentation or loss of pigmentation "50px2;
3) the total scar area <5%, but 1%;
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The level of disability needs to be appraised to be determined, otherwise the answer obtained from the consultation here is also not legally valid, and it is necessary to do an appraisal and obtain an appraisal report, and the compensation is also calculated according to the level of the appraisal report to have legal effect. For legal confusion, you can interact with the lawyer in the lawyer consultation post bar.
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For head injuries, the standard for minor injuries is not the number of stitches, but the consequences and effects of the injury, which are identified in accordance with the law.
Criteria for the Identification of the Degree of Human Injury:
Minor injuries of the first degree. a) Scalp wound or scar length is more than cumulative.
b) Scalp avulsion area is more than cumulative; The area of the scalp defect is cumulative.
c) Depressed or comminuted fracture of the skull.
d) Basilar skull fracture with cerebrospinal fluid leakage.
e) cerebral contusion (laceration); intracranial hemorrhage; chronic intracranial hematoma; Traumatic subdural effusion.
f) traumatic hydrocephalus; traumatic intracranial aneurysm; traumatic cerebral infarction; Traumatic intracranial hypotension syndrome.
g) Spinal cord injury causing defecation or urinary dysfunction (mild).
h) Spinal cord contusion.
Minor injuries of the second degree. a) Scalp wound or scar length is more than cumulative.
b) Scalp avulsion area is more than cumulative; The area of the scalp defect is cumulative.
c) Above the extent of the subgal subaponeurosis hematoma.
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It depends on the number of stitches, depending on the length of the original wound, the scalp
It has to be more than 7cm to be considered a criminal case, that is, minor injuries, the head and face must be more than 3cm, the head and neck must be 5cm, and the number of stitches depends on the doctor's suturing technique, those ** are not credible, because they are not doctors at all!
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Scalp avulsion area cumulatively or more; The area of the scalp defect is cumulative. Depressed or comminuted fractures of the skull. Basilar skull fracture with cerebrospinal fluid leak. cerebral contusion (laceration); intracranial hemorrhage; chronic intracranial hematoma; Traumatic subdural effusion.
Hello, it is a work-related injury, apply to the social security department for work-related injury identification, apply for disability level appraisal, and request the unit to compensate according to the work-related injury according to the appraisal results
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