A person went to work in other places and lost 2 toes at work, which was a work related injury, and

According to what you said, "it is a work-related injury", has it been recognized as a work-related injury by the labor department? Only if it is recognized as a work-related injury, the injured person's work-related injury compensation can be legally guaranteed.

If it has not been recognized as a work-related injury, apply for work-related injury recognition as soon as possible, the employer should report within 30 days from the date of the accident, and if the unit does not declare within the specified time limit, the individual can directly report to the local labor department within one year, and need to submit proof of labor relationship (including de facto labor relationship), hospital medical records, doctor's diagnosis certificate, etc.

Proof of labor relationship, for example, if there is a labor contract but no labor contract has been signed, it is also possible to prove the existence of a de facto labor relationship, such as a pay slip or card, a brand, a work permit, work clothes, a recruitment registration form, an attendance record, a certificate of a worker, and a recording of the employer to be compensated.

According to the work-related injury appraisal standards, if the injured person's "two toes are missing" does not include the big toe, it can be rated as a Grade 9 disability. "The company has handled personal insurance for the injured", which is personal accident insurance, which does not affect the injured person's claim for work-related injury compensation, and the unit has not participated in work-related injury insurance, and all work-related injury benefits stipulated in the "Work-related Injury Insurance Regulations" shall be paid by the unit. In addition to reimbursing medical expenses, the work-related injury treatment of grade 9 disability is too little, "the boss only promised to compensate 10,000 yuan", mainly including:

1. Medical treatment: The hospital meal subsidy is paid by the work-related injury insurance** according to the local standard, and if the unit is not out of the unit to take care of it, the unit shall pay the nursing fee according to the local standard.

2. Treatment of the period of suspension with pay: ** work-related injury needs to determine the period of suspension with pay, which is usually issued by the medical institution of ** work-related injury and confirmed by the labor ability appraisal committee, which is generally not more than 12 months. The specific procedures for determining the period of suspension of work with pay shall be implemented in accordance with the provisions of each locality.

During the period of suspension of work, the original salary and benefits remain unchanged and are paid by the unit on a monthly basis.

Calculation: My salary x number of months of leave of absence =

3. A one-time disability subsidy is paid by work-related injury insurance**: the standard is 9 months' salary, and my salary is the average monthly salary of the 12 months before the injury.

Calculation: My salary x 9 =

4. If the labor relationship is terminated, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the unit shall pay a one-time disability employment subsidy. The standards vary from place to place, if you need to calculate, please inform the province or city where you are located, I add.

Hello, it is recommended to apply for a work-related injury determination. Your condition may be graded as disabled. If you are rated, you can claim expenses such as a lump sum disability grant, a lump sum medical allowance and an employment subsidy. The company shall also pay the wages during the period of suspension of work.

Apply for work-related injury identification and labor ability appraisal, claim work-related injury insurance benefits according to the appraisal conclusion, and apply for labor dispute arbitration in the event of a dispute with the employer.

The determination of work-related injury is an administrative confirmation by the social insurance administrative department in accordance with the authorization of the law whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury, and is a prerequisite for an employee to enjoy work-related injury insurance benefits after suffering an accident injury and to obtain relief through legal means in the event of a dispute.

Labor ability appraisal is the basis and prerequisite for the labor appraisal agency to comprehensively assess the degree of disability and loss of working ability of the injured employee according to the national appraisal standards and the methods and means of relevant policies and medical science and technology after the worker is injured due to work.

If a worker is injured in a work-related accident, he or she shall first apply to the human resources and social security bureau of the work-related injury insurance co-ordination area of the employer, and the employer shall apply within 30 days of the accident, and the labor union, the injured employee and his close relatives may submit an application for recognition within one year. The following materials shall be submitted to apply for a determination of work-related injury:

1. Application Form for Identification of Work-related Injury;

2. Proof of the existence of labor relationship with the employer;

3. 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, disability allowance, etc.

In the event of a dispute with the employer over work-related injury insurance benefits, it is a labor dispute, and the employer shall apply to the labor dispute arbitration commission at the place where the employer is located or where the labor contract is performed for labor dispute arbitration. After the arbitral award, the award takes legal effect, and the employer fails to perform its obligations under the award and applies to the people's court for enforcement.

If the employee does not have a labor contract and the employer does not sign and seal the work-related injury determination, the labor relationship cannot be confirmed, and the work-related injury determination cannot be applied, the employee 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.

For this, you need to do the work-related injury appraisal level first, and then you can figure out how to compensate according to the level.

According to the description, it can be preliminarily judged to be a grade 10 disability, and the specific result shall be subject to the results of the labor ability appraisal. If an employee has a dispute with the employer due to a work-related injury, the employee can apply for labor arbitration to protect his rights.

Grade 10 disability can receive a one-time disability subsidy paid by social security, which is 7 months' basic salary. Wages are calculated on the basis of average wages.

When terminating labor relations with an enterprise, you can also receive a one-time employment subsidy, which will be paid by the enterprise. A one-time medical grant. The lump sum medical grant and the lump sum employment grant are calculated in accordance with local regulations.

Taking Zhejiang Province as an example, the one-time employment subsidy for a grade 10 disability is two months' average wages for workers in the province, and the one-time medical subsidy is two months' average wages for workers in the province.

Regulations: Regulations on Work-related Injury Insurance

Article 37 Employees who are assessed 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 allowance shall be paid from the work-related injury insurance fund according to the level of disability, and the standard shall be: 13 months of capital for grade 7 disability, 11 months of capital for grade 8 disability, 9 months of capital for grade 9 disability, and 7 months of capital for grade 10 disability;

2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance fund 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 the one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability shall be prescribed by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

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