Identification and compensation for amputation work related injuries, and compensation standards for

The appraisal and compensation for amputation work-related injuries can only be determined after applying for a disability appraisal to determine the level of disability.

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.

What a humor upstairs! Ha ha.

1.First of all, it is necessary to apply for work-related injury identification and labor ability appraisal, which is about level 6 or above, and the compensation amount may be more than 300,000 yuan;

2.Violation of factory rules does not affect the determination of work-related injuries;

3.If the factory closes down, some money may not be available;

4.The specifics need to be determined according to the level.

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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 Control of Occupational Diseases, the unit to which he or she 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.

Violation of factory regulations does not affect the determination of work-related injuries. It is enough to deal with it before the factory closes down, and if it goes out of business, it will be dealt with according to the situation, and you can find a lawyer.

Typically, amputation is usually a grade 6 injury. Workers with Grade 6 disability due to arm amputation can generally receive a one-time disability allowance of 16 months' salary. **After the end of the term, if it is difficult for an employee with a Grade 6 disability to arrange a job, the employer shall pay a monthly disability allowance, which is generally 60% of the employee's salary.

The employer must continue to pay social security to the employee. Upon the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Legal basis. Article 36 of the Regulations on Work-related Injury Insurance If an employee is identified as having a Grade 5 or 6 disability 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:

18 months' salary for Grade 5 disability and 16 months' salary for Grade 6 disability; (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, the standard is: 70% of the salary for the fifth grade disability and 60% of the salary for the sixth grade disability, and the employer shall pay all the social insurance premiums due to 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. At the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Legal dismantling: Normally, amputation is usually a grade 6 work-related injury. Workers with a sixth-degree disability due to arm amputation are generally entitled to a one-time disability allowance of 16 months' wages.

**After the end of the term, if it is difficult for an employee with a Grade 6 disability to arrange a job, the employer shall pay a monthly disability allowance, which is generally 60% of the employee's salary. The employer must continue to pay social security to the employee.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries (2) Hospitalization meal subsidies (3) Transportation and accommodation expenses for medical treatment outside the overall planning area (4) Expenses required for the installation and configuration of disability assistive devices (5) Living care expenses confirmed by the Labor Ability Appraisal Committee for those who cannot take care of themselves (6) One-time disability allowance and monthly disability allowance for disabled employees of grades 1 to 4 (7) One-time medical subsidies that should be enjoyed when the labor contract is terminated or terminated (8) If the employee dies on the job, Funeral allowances, pensions for dependent relatives and work-related death allowances received by their surviving family members (9) Labor ability appraisal fees.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the period of work-related injury (2) Disability allowance received by employees with grade 5 and grade 6 disabilities on a monthly basis (3) A one-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay for the sale, it shall pay 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. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

According to GB T16180-2021 "Labor Ability Appraisal Employee Work-related Injury and Occupational Disease Disability Grade" Level 5 standard: 13) One forearm is missing; It can be preliminarily judged to be a grade 5 disability, and the specific result shall be subject to the results of the labor ability appraisal after the completion of the first or a certain period of medical treatment. The specific amputation workers' compensation standards are:

1. Grade 5 disability can receive a one-time disability subsidy paid by social security for 18 months' salary. Wages are calculated on average wages. 2. To maintain labor relations, the employer needs to pay employee allowances, which are calculated according to 65% of their wages.

If an employee terminates the employment relationship with the enterprise, he or she can also receive a one-time employment subsidy, which will be paid by the enterprise. Lump-sum Medicaid payments are made according to local regulations that confirm the payer. 3. The one-time medical subsidy and one-time employment subsidy are calculated according to local regulations.

Taking Zhejiang Province as an example, the one-time employment subsidy for grade 5 disability is 30 months of the average salary of employees in the province, and the one-time medical subsidy is 30 months of the average salary of employees in the province.