How to determine the amount of work related injury claims? How is the workers compensation amount c

I was working on a construction site 20 days ago and fell off and broke four ribs. The site leader just verbally said that you should be optimistic about it first and report it to you later. Not a penny was given to me.

The amount of workers' compensation needs to be paid according to the nature of the injury. The amount of work-related injury compensation includes compensation such as ** fee, hospital meal subsidy, transportation expenses for medical treatment in other places, room and board expenses, **** expenses, assistive device expenses, and wages during the period of suspension of work. Compensation should be made according to the level of disability caused by work-related injuries due to different degrees of disability.

In general, 11 months' wages are paid for a grade 8 disability, 9 months' wages for a grade 9 disability, and 7 months' wages for a grade 10 disability. According to the provisions of Paragraph 1 of Article 37 of the Regulations on Work-related Injury Insurance, if 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 according to the level of disability from Work-related Injury Insurance**, and the standard shall be:

13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability. Article 37 of the "Regulations on Work-related Injury Insurance" If an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she shall enjoy the following hidden circumstances: (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:

13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability. (2) If the labor or employment contract is terminated upon expiration, or the employee himself 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 employment subsidy for disability. The specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies for virtual departments shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

The calculation of workers' compensation costs for workers' compensation is:

1. The compensation for medical expenses is equal to the amount of poor diagnosis and treatment plus the amount of drugs plus the amount of hospitalization service fees plus follow-up medical expenses;

2. The amount of compensation for assistive devices is equal to the number of devices that are reasonably applicable to the equipment;

3. The wages and benefits during the period of suspension of work and salary are equal to the monthly wages and benefits of the injured employee before the injury multiplied by the medical period; Wait a minute.

[Legal basis].Article 38 of the Regulations on Work-related Injury Insurance.

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) Hospitalization meal subsidy;

3) Transportation and lodging expenses for medical treatment outside the area of the overall planning and preparation;

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 allowance and a monthly disability allowance for employees with disabilities 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 event of a death due to work-related omission, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she falls 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) 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 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.

Article 15 stipulates that an employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Article 6 of the Measures for the Determination of Work-related Injuries shall fill in the Application Form for Determination of Work-related Injuries and submit the following materials: (1) A copy of the text of the labor or employment contract or other supporting materials for the existence of a labor relationship (including a de facto labor relationship) or a personnel relationship with the employer;

2) A certificate of post-injury diagnosis or a certificate of diagnosis of an occupational disease (or a certificate of diagnosis and appraisal of an occupational disease) issued by a medical institution.

You can apply for a recognition of work-related injury in accordance with the above requirements. It is not considered a work-related injury.

This will not be considered a work-related injury. The cause of your deafness is not the cause of work. It is not considered a cause of work-related injury.

If you can provide a medical institution to prove that your deafness was a direct result of the training, then it can be considered a work-related injury.

Regardless of the level of disability, there must first be evidence to prove that there is an employment relationship with the brick and tile factory before there is a basis for determining the work-related injury. Otherwise, compensation can only be claimed according to personal injury compensation, and if the victim is a rural household registration, there is a huge difference between the amount of compensation for work-related injuries and personal injury.

A one-time disability subsidy is paid according to the level of disability from the work-related injury insurance**, and the standard is: one month's salary for grade 5 disability; If the employer dissolves or terminates the labor relationship, the one-time medical subsidy for work-related injuries and the employment subsidy for the disabled shall be calculated on the basis of the average monthly wage of the employee in the overall area of the previous year at the time of the termination or termination of the labor relationship, and the standards are: one-time medical subsidy for work-related injuries for 16 months at level 5 and 16 months for level 5, and one-time employment subsidy for disability for 56 months at level 5.

In addition, there are some special provisions.