Workers Compensation Splenectomy due to work related injuries Disability grade identification

If the employer does not sign, it has no impact on the declaration of work-related injury, you can declare the work-related injury identification personally, keep your hospitalization record and labor relationship related certificates to the labor bureau to declare, it is important not to miss the declaration time limit, the time limit for individual declaration is one year, and the time is calculated from the date of injury.

After the work-related injury is identified, you can apply for work-related injury appraisal, and the results of your appraisal must be level-based, because you don't know your specific age, so here are two situations to tell you:

1. If you are under the age of 35, you are a young person who has had your spleen removed and should be classified as a Grade 6 disability;

2. If you are over 35 years old, you are an adult splenectomy and should be classified as a Grade 7 disability.

After the appraisal results come out, you can take the appraisal conclusion to the unit for compensation, and if the unit does not recognize it, you can apply to the labor arbitration department of the labor bureau for arbitration.

Depending on your outcome level, you are entitled to different work-related injury benefits, because you may have two levels so there are two types of work-related injury benefits

1. If your level is a sixth-level disability, the treatment is as follows, the sixth-level disability one-time disability subsidy is 14 months' salary, and this money will be paid by the work-related injury insurance if the unit declares the work-related injury and pays the work-related injury insurance to you, and if it is your personal declaration, it will be paid entirely by the unit. At the same time, the employment relationship with the employer shall be retained, 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, and the standard is as follows:

Grade 6 disability is 60% of the employee's salary, and the employer shall pay all social insurance premiums payable for him in accordance with 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 employment relationship with the employer, and the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy.

The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

2. If your level is a seventh-level disability, the treatment is as follows, and the one-time disability subsidy for the seventh-level disability is 12 months' salary, and the payer is the same as above. At the same time, if the labor contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a 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 enterprise refuses to sign, it shall be dealt with in accordance with the Measures for One-time Compensation for the Personnel of Illegal Employers.

It doesn't matter if he refuses to sign, you can ask the labor department to confirm the employment relationship, and then proceed with the work-related injury determination. What you're claiming is workers' compensation. Generally speaking, if your injury is enough to assess the disability standard, then the company will bear a large cost, otherwise, the company should not compensate a lot of money.

Requires a certain talent. If the employment relationship can be determined, you should apply for work-related injury determination and labor ability appraisal as soon as possible, and then apply for labor arbitration as soon as possible according to the appraisal results. Compensation for disability caused by work-related injury during a work-related injury:

Medical expenses, food allowance during hospitalization, living care expenses, wages, transportation and lodging expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc. The disability assessment can generally be performed three months after the injury and one month after discharge, and if the nerve injury of the land finger nerve is involved, the disability assessment can be performed six months after the injury.

Grading of the degree of disability caused by human injury

Identify timing. Identification should be made after the primary injury and its associated complications** have been terminated or the clinical response has stabilized.

Disability classification.

This standard divides the degree of disability caused by human injury into 10 levels, from level 1 (100% human disability rate) to level 10 (human disability rate 10%), with a difference of 10% in each level of disability rate. The basis for the classification of disability is shown in Appendix A.

Basis for judgment. Based on the structural destruction and dysfunction of human tissues and organs, as well as the degree of dependence on medical treatment and nursing, and the influence of social interaction and psychological factors caused by disability, the degree of disability is comprehensively determined.

If it is caused by a work-related injury, it is judged to be a grade 7 disability, while a car accident is generally a grade 8 disability, so the conclusions drawn according to the different standards of the nuclear bucket are also different, and a professional appraisal is generally required to be used as a basis. Legal basis: Article 36 of the Social Insurance Law provides that an employee who is injured in an accident or suffers from an occupational disease due to work-related reasons and is recognized as a work-related injury shall enjoy work-related injury insurance benefits; Among them, those who have lost their ability to work after the appraisal of their working ability are entitled to disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

According to Article 572 of the "Labor Ability Appraisal Work-related Injuries and Occupational Diseases of Employees", all those who meet one of the following provisions are classified as work-related injuries level 7: splenectomy.

The total spleen of a minor or young adult is completely resected as grade VI; Adult splenectomy is grade VII; Partial resection of the spleen is grade 8; Grade 9 for spleen repair; Spleen injury is conservatively rated at grade 10.

General compensation items include: medical expenses, expenses for starting a difficult job, food allowance during hospitalization, transportation expenses, etc., and corresponding disability compensation after disability. Work-related injury identification and human injury identification are not the same thing, and the level is not the same.

Splenectomy counts as a level of disability and depends on the circumstances

1. If it is a traffic accident, spleen removal is a grade 8 disability;

2. If it is a work-related injury, it should be divided into adults and minors, with juvenile or young people having a sixth-grade disability and an adult splenectomy being a sixth-grade disability, while an adult splenectomy being an eighth-grade disability.

What materials do you need to provide for work-related injury identification?

1. A copy of the text of the labor and employment contract or proof of the fact that the labor relationship is not in place;

2. Diagnosis certificate or appraisal issued by a medical institution;

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

4. Materials on injuries and accidents of employees or employers;

5. Original and photocopy of the employee's resident ID card and other valid identity certificates;

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

Legal basisArticle 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be a work-related injury:

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) 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; Aloed shirt.

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident for which they are not primarily responsible, or an accident involving urban rail transit, passenger ferry, or fire inspection vehicles while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.