How to identify work related injuries? There are 2 fractures in the right arm of the work related in

Updated on society 2024-05-18
18 answers
  1. Anonymous users2024-02-10

    According to the process of applying for work-related injury, work-related injury is applied for by the enterprise within 30 days after the occurrence of work-related injury, or an individual submits it within 1 year, but the required information has medical records and labor contracts, and your father has not signed a labor contract and cannot apply for work-related injury identification, so you need to first conduct labor arbitration to determine the labor relationship before you can identify work-related injury, and the work-related injury level is 10 levels, you can refer to the document "Labor Ability Appraisal Employee Work-related Injury and Occupational Disease Disability Level" ( gbt16180—2006)。 As long as the work-related injury can be identified, expenses such as hospitalization expenses and work-related injury and disability subsidies can be identified by the enterprise.

  2. Anonymous users2024-02-09

    1;If there is no labor contract, it is not good to determine the work-related injury, it is recommended to negotiate with the boss first, after all, this is their problem, if it does not work, apply for arbitration to establish the labor relationship.

    If the number of disability levels of work-related injuries is signed (your situation should be similar to level 9), you can ask the boss for compensation according to the corresponding level, and if the boss does not compensate, you will apply for arbitration. Or just go and sue him. 2;There is also a way to find your boss privately, and let him pay you directly to pay you money.

  3. Anonymous users2024-02-08

    You must have a labor contract to go to the labor department for work-related injury and disability identification, and you can apply for double wages and social security compensation from the labor president

  4. Anonymous users2024-02-07

    There is no big problem with contracts, insurance, etc., as long as there is a de facto labor relationship, and it is difficult to say how many levels of disability there are.

    The most important thing is to file a complaint with the local social security bureau as soon as possible, and the social security bureau will negotiate with the factory.

  5. Anonymous users2024-02-06

    The first step of a work-related injury is to report the work-related injury to the Work-related Injury Section of the Labor Bureau, and then apply for appraisal to the Labor Ability Appraisal Section of the Labor Bureau, as for the amount of compensation and your father's age, salary level and level are related, so I can't tell you the number at present, but the level depends on the injury and recovery, and the final appraisal shall prevail, you do not go out of the level, and the manufacturer cannot compensate you for the number you want.

  6. Anonymous users2024-02-05

    Two fractures in a work-related injury can generally be identified as a grade 10 disability, and the compensation standard for a grade 10 disability in the work-related injury appraisal includes a one-time disability subsidy, a one-time disability employment subsidy, and a one-time medical subsidy for work-related injuries. The one-time disability allowance is seven months' salary and is paid by the social security institution. If the labor contract is terminated upon expiration, or if the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time disability employment subsidy.

    Legal analysisGrade 10 disability compensation standard: Medical expenses are determined according to the receipt vouchers for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.

    Lost time pay is determined based on the victim's lost time and income. The nursing fee is determined based on the income status of the nursing staff, the number of nursing staff, and the duration of nursing care. Transportation expenses are calculated based on the actual expenses incurred by the victim and his/her necessary escorts for medical treatment or transfer**.

    Transportation expenses shall be based on official bills; The relevant credentials shall be consistent with the location, time, number of people, and number of times of medical treatment. The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs. The nutrition fee is determined according to the victim's disability and with reference to the opinions of the medical institution.

    Disability compensation is calculated for 20 years from the date of determination of disability on the basis of the degree of the victim's inability to work or the level of disability, and according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

    Legal basisArticle 37 of the Regulations on Work-related Injury Insurance An employee who is identified as having a disability of Grade 7 to Grade 10 due to work-related disability 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: 13 months' salary for Grade 7 disability, 11 months' salary for Grade 8 disability, 9 months' salary for Grade 9 disability, and 7 months' salary 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 employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

  7. Anonymous users2024-02-04

    If it is a fracture in two different places, it can be identified as grade 10 respectively, and it can be cumulatively upgraded to a grade 9 disability.

    Fractures in the same place cannot be counted separately. For example, two fingers, two toes.

  8. Anonymous users2024-02-03

    Legal analysis: A simple long bone fracture without internal fixation and no sequelae can be determined as a grade 10 disability and promotion to brotherhood.

    Legal basis: Regulations on Work-related Injury Insurance Article 20 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 employer in writing. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

    Where it is necessary to base a decision on the determination of work-related injuries on the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury shall be suspended during the period when the judicial organ or the relevant administrative department has not yet made a conclusion. Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.

  9. Anonymous users2024-02-02

    Yes. After the work-related injury is determined, if there is a fracture, it can be rated as a disability level 10.

    According to Article 14 of the "Standards for the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees", the appraisal of work-related injuries and disabilities is based on Article 14: If there is no functional impairment after the fracture of all parts of the body has healed, it is a grade 10 disability.

    The disability level is generally divided into ten levels, which are based on the different causes of damage to the human body, apply different appraisal standards, there will be different levels of disability, and the method of calculating disability compensation is also different.

  10. Anonymous users2024-02-01

    In the case of work-related injuries, as long as there is a fracture, the lowest grade 10 will be rated. The more severe the condition of each part, the higher the disability will be.

  11. Anonymous users2024-01-31

    If there is a fracture, it can be rated as a disability level 10.

    According to the appraisal of work-related injuries and disability, it is assessed according to the "Standards for the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees", and if there are fractures, they can be rated as disabled grade 10.

    Article 8 To apply for labor ability appraisal, the applicant 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.

  12. Anonymous users2024-01-30

    It is not only a fracture that can be rated as a grade 10 disability, but if there is a national standard for work-related injury rating, it will be assessed according to which level it meets according to the standard.

  13. Anonymous users2024-01-29

    No, work-related injury identification is not only a fracture, it has many kinds, there is a work-related injury table for identification, what level of injury, what extent, it has a corresponding range, see which level it belongs to.

  14. Anonymous users2024-01-28

    No, you need your checklist, the doctor's signature, the dean's signature, to do the identification of the disability, you take medicine in the hospital, injections,

  15. Anonymous users2024-01-27

    No, those who can heal to their original appearance after being injured can have normal physical indicators, and they cannot be rated as disabled. However, there are a range of remedies that can be obtained through legal means.

  16. Anonymous users2024-01-26

    There are national standards for the identification of work-related injury and disability grades. You can go to the relevant judicial department for consultation. There are many cases that can be identified as a grade 10 disability. You don't have to have a broken bone.

  17. Anonymous users2024-01-25

    It is within the scope of your work, and it can be certified by the appraisal center.

  18. Anonymous users2024-01-24

    The internal fixation of the fracture of the two hands of the worker is a few levels of disability, because the fracture location and degree are different, different disability levels can be identified, and the local labor ability appraisal committee needs to conduct a comprehensive assessment according to the degree of injury and the injured part of the worker and the situation after the first grade, and the final disability appraisal conclusion shall prevail.

    If a worker is injured in a work-related accident, he or she shall first apply to the Human Resources and Social Security Bureau for a work-related injury determination, and the employer shall apply within 30 days of the accident. Trade unions, injured workers, or their close relatives submit an application for recognition within one year. To apply for work-related injury determination, you shall fill in the "Application Form for Work-related Injury Determination" and submit:

    Proof of employment relationship with the employer, medical diagnosis certificate, etc.

    If there is a disability that affects the ability to work after the work-related injury is determined and the injury is relatively stable, an application shall be submitted to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level). To apply for labor ability appraisal, you should fill in the "Application Form for Labor Ability Appraisal" and submit:

    1. The original and photocopy of the Decision on Determination of Work-related Injury;

    2. Valid diagnosis certificates, examination and inspection reports and other complete medical record materials copied or reproduced in accordance with the relevant regulations of medical record management of medical institutions;

    3. The original and photocopy of the worker's resident ID card or social security card and other valid identity certificates;

    4. Other materials specified by the Labor Ability Appraisal Committee.

    According to the appraisal conclusion, the work-related injury insurance benefits were asserted. Depending on the level of disability, the compensation received is different. The main compensation is:

    Medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, hospital meal allowance, nursing expenses, etc.

    If the employee does not have an employment contract or other evidence proving the existence of an employment relationship and is unable to apply for a determination of work-related injury, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

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