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It should belong to the tenth grade of work-related injury, which is subject to the labor ability appraisal.
Labor ability appraisal of employees' disability levels caused by work-related injuries and occupational diseases
10-level clause series.
Anyone who meets one of the following conditions is a work-related injury grade 10.
12) Those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body;
According to Articles 30, 33, 37, 62 and 64 of the Regulations on Work-related Injury Insurance, employees who are injured at work and are identified as having a Grade 10 disability shall enjoy the following benefits:
1. If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug catalog, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**;
2. The work-related injury insurance** shall pay the hospital meal subsidy according to the standards stipulated by the province or city;
3. If the employee is suspended from work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension and salary, and shall be paid by the unit on a monthly basis;
4. The employer is responsible for the nursing care during the period of hospitalization when you are unable to take care of yourself;
5. Pay a one-time disability subsidy from work-related injury insurance** for 7 months' salary;
6. The labor ability appraisal fee shall be paid by the work-related injury insurance**;
7. If the labor is dissolved or terminated, 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 shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
If the employer does not participate in work-related injury insurance, the employer shall pay all expenses.
The salary for calculating the one-time disability allowance refers to the average monthly salary paid by the injured employee in the 12 months prior to the injury caused by an accident or occupational disease at work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.
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If the index finger fracture causes loss of function, compensation shall be made according to the level 10 disability. A one-time disability allowance of 7 months' salary.
If it is cured, it does not constitute disability.
Appendix: Grade 10 Disability Appraisal Criteria (excerpt).
6) Severed or loss of function of the distal interphalangeal joint of any finger except the thumb;
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Legal Analysis:1Index Finger Work-related Injury Fracture Compensation:
The disability level shall be determined in accordance with the relevant disability standards of the "Standards for the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees". 2.According to the compensation standard for the disability level of the "Regulations on Work-related Injury Insurance", combined with the report on the average wage level of employees for one year prepared by the local statistical department, a one-time disability subsidy will be paid according to the disability level.
Legal basis: Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) During working hours and in the workplace, they are injured 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.
Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.
Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.
**If the expenses required for imitation work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.
The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.
Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.
If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
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Legal analysis: The index finger work-related injury fracture compensation is divided into grades 1 to 10 according to the disability level of the "Regulations on Work-related Injury Insurance". A one-time disability subsidy shall be paid according to the level of disability, and the level of work-related injury compensation shall be determined by the results of the work-related injury appraisal, and the compensation amount shall be calculated in accordance with the legal calculation method of work-related injury compensation for the appraisal level.
and a lump sum disability allowance from work-related injury insurance**. If you are injured at work, you must apply for work-related injury recognition, and if you have not been recognized as work-related injury or are not recognized as work-related injury, you cannot enjoy work-related injury insurance benefits.
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 subsidies and monthly disability allowances received by 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) Death due to work, 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, 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. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.
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Reimbursement of medical expenses, wages during the period of suspension of work and salary, food expenses during hospitalization, and hand injuries during meals can be required to be paid from the work-related injury insurance in accordance with national regulations. (Which imitation of Secondary 2) hospital meal subsidy; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (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 subsidy and a monthly disability allowance for disabled employees 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 case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee. 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 work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) When the labor contract is terminated or dissolved, the employee shall be entitled to a one-time disability employment subsidy at the age of majority.
According to the "Labor Ability Appraisal Employee Work-related Injury and Occupational Disease Disability Grade GB T16180-2014" 10-level clause series: 5) One finger except the thumb, any finger distal interphalangeal joint is severed or loss of function; May constitute a Grade 10 disability. >>>More
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