As the title suggests, I was identified as a grade 5 work related injury in 04

Updated on society 2024-05-04
12 answers
  1. Anonymous users2024-02-09

    Don't know what you're asking? Is it a matter of treatment for work-related injuries classified as grade 5 in 2004? If yes, do it:

    1. After the appraisal is level 5, the work-related injury insurance will write off all the medical expenses of the work-related injury, and at the same time pay a one-time disability subsidy for 16 months' salary (the monthly salary of the employee, the same below); The unit will pay a meal subsidy for hospitalization (70% of the meal subsidy for the public meal of the unit, and one day for one day of residence).

    2. Retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange work, the unit shall pay a monthly disability allowance. The standard is 70% of the employee's salary, and the employer shall pay all social insurance premiums for him 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. When you reach retirement age, you can go through the retirement procedures and enjoy pension insurance benefits.

    3. If I am unwilling to follow the above two provisions and have to leave the original unit, upon the request of the injured employee, I may terminate or terminate the labor relationship with the employer, and the employer shall pay a one-time medical subsidy for work-related injury and employment subsidy for the disabled, which shall be formulated by the provincial standard.

    Fourth, the work-related injury part ****, after the application is approved, the work-related injury insurance will be paid.

    5. If it is necessary to configure assistive devices, the work-related injury insurance shall pay the expenses after review and approval.

  2. Anonymous users2024-02-08

    Want to compensate? The statute of limitations for disability identification has passed.

  3. Anonymous users2024-02-07

    Summary. Hello dear, I'm glad to answer for you. <>

    According to Article 28 of the Regulations on Work-related Injury Insurance, if an injured employee or his immediate family member, his or her employer or handling agency believes that his or her disability has changed after one year from the date of the conclusion of the labor ability appraisal, he or she may apply for a review and appraisal of his or her working ability. In any of the following circumstances, an application for re-appraisal of working ability may be made: 1. When the injury of a person enjoying disability allowance and nursing allowance changes one year after the previous appraisal, he or she may submit a re-examination and appraisal of his or her working ability; The handling agency may also propose to arrange a review every two years so that the treatment can be adjusted according to the change of disability; 2. If the appraisee or employer has doubts or dissatisfaction with the appraisal conclusion made by the labor ability appraisal institution, it may apply for a re-evaluation to the labor ability appraisal agency at the next higher level within 15 days of receiving the appraisal conclusion.

    The appraisal conclusion of the provincial labor ability appraisal agency is the final conclusion; 3. After the disability level is reassessed, other benefits will be adjusted accordingly except for the one-time subsidy. Legal basis: Article 28 of the Regulations on Work-related Injury Insurance Article 1 After one year from the date of the conclusion of the labor ability appraisal, if the injured employee or his close relatives, the unit or the handling agency considers that the disability has changed, he or she may apply for a review and appraisal of the working ability.

    The above is mine, I hope it will be helpful to you.

    In 2005, the work-related injury was determined to be level 7, and in 2023, it will be re-evaluated.

    Hello dear, I'm glad to answer for you. <>

    According to Article 28 of the Regulations on Work-related Injury Insurance, one year from the date of the conclusion of the labor ability appraisal, if the injured employee or his immediate family members, his or her employer or the Wanqueyuan Office deem that the disability has changed, he or she may apply for a review and appraisal of his or her working ability. In any of the following circumstances, an application for re-appraisal of working ability may be made: 1. When the injury of a person who is entitled to disability allowance and nursing allowance is buried one year after the previous appraisal, the re-examination and appraisal of working ability can be submitted; The handling agency may also propose to arrange a review every two years so that the treatment can be adjusted according to the change of disability; 2. If the appraisee or employer has doubts or dissatisfaction with the appraisal conclusion made by the labor ability appraisal institution, it may apply for a re-evaluation to the labor ability appraisal agency at the next higher level within 15 days of receiving the appraisal conclusion.

    The appraisal conclusion of the provincial labor ability appraisal agency is the final conclusion; 3. After the disability level is reassessed, other benefits will be adjusted accordingly except for the one-time subsidy. Legal basis: Article 28 of the Regulations on Work-related Injury Insurance Article 1 After one year from the date of the conclusion of the labor ability appraisal, if the injured employee or his close relatives, the unit or the handling agency considers that the disability has changed, he or she may apply for a review and appraisal of the working ability.

    The above is mine, I hope it will be helpful to you.

    It's been 17 years, and we have to do this appraisal.

    It is not necessary to do it, if you are not satisfied with the result after doing it, you can apply for a re-appraisal.

    It's been 17 years, and it's almost the same as the reply.

    That's according to the law.

  4. Anonymous users2024-02-06

    Summary. Hello dear friends, it has been too long, according to Article 21 of the Regulations on Work-related Injury Insurance, if an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall undergo a labor ability appraisal (work-related injury disability appraisal. If there is any objection to the appraisal of labor ability, it may apply to the provincial level labor ability appraisal committee for re-inspection within 15 days from the date of receipt of the appraisal conclusion.

    Hello dear friends, we identified the grade 7 work-related injury in 2005, and now we are thinking about re-identification in 2023?

    Dear friends, it has been too long, according to Article 21 of the Regulations on Work-related Injury Insurance, if an employee has a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall undergo a labor ability appraisal (work-related injury disability appraisal. If there is any objection to the appraisal of labor ability, it may apply to the provincial-level labor ability appraisal committee for re-examination within 15 days from the date of receipt of the appraisal conclusion.

    Two appraisals should not last more than 15 days.

    It is the company that asks for a new identification.

    The company does not have a legal department, and the work-related injury appraisal does not allow such a long interval.

    Looking for a private testing agency.

    It's our hospital.

    In this case, we can directly sue for re-evaluation.

    The company is because our work-related injury level is high, and they have a lot of money to accompany them, and they have been doing new appraisals for 17 years.

    Because the criteria for the identification of work-related injuries are also being updated, and secondly, they are out of time.

    Let's do what we have to do.

    It is not necessary.

    Outright refusal. The company also did not dare to fire people with seventh-grade and seventh-grade work-related injuries.

    Is the money we received from the Social Insurance Department related to this re-rating? We have terminated the labor contract with the factory.

    The labor contract has been terminated, let alone the other party, there is no relationship.

    First of all, we can't do a second appraisal for so long.

    Secondly, if the level is changed, it will inevitably affect your compensation.

    The factory demanded a new inspection, or they would not give money, and they were ready to go through the judicial process, but the settlement could not be achieved.

    That's right, there is no need to go to the second appraisal, let's just go directly to the judicial prosecution.

    The second appraisal can't be done.

  5. Anonymous users2024-02-05

    As mentioned earlier, the disability medical allowance should be paid unconditionally by the factory. It is also supposed to have been paid. Unemployment compensation, which does not exist if there is no unemployment. Unless you request to terminate the contract. Can be requested.

  6. Anonymous users2024-02-04

    Hello, to the problem you described, the lawyer replied as follows:

    First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

    Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

    Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

    Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

  7. Anonymous users2024-02-03

    It is not possible to apply for compensation, and this provision cannot bind the compensation that existed before the Regulations.

  8. Anonymous users2024-02-02

    There is a limit on the number of years. For specific practices, please consult the local 12333****.

  9. Anonymous users2024-02-01

    The new regulations on work-related injury insurance apply to labor relations after 04.

  10. Anonymous users2024-01-31

    If the first-class work-related injury cannot be terminated, the previous work shall be handled in accordance with the original provisions, and after the new provisions are promulgated, it shall be handled in accordance with the new provisions; The following are the relevant legal provisions, please combine your actual situation:

    If an employee is identified as a first-level to fourth-grade disability due to work-related disability, he or she shall retain the labor relationship, withdraw from the job, and enjoy the following benefits: 1. A one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance, and the standard shall be: 24 months' salary for the first-level disability, and 2. The disability allowance shall be paid on a monthly basis from the work-related injury insurance, and the standard is:

    90% of the person's salary for first-degree disability; If the actual amount of disability allowance is lower than the local minimum wage standard, the difference shall be made up by work-related injury insurance**; 3. After the injured employee reaches the retirement age and goes through the retirement procedures, the disability allowance will be suspended and the basic pension insurance treatment will be enjoyed. If the basic pension insurance treatment is lower than the disability allowance, the difference shall be made up by the work-related injury insurance**. If an employee is identified as having a first-grade to fourth-grade disability due to work-related disability, the employer and the employee shall pay the basic medical insurance premiums based on the disability allowance.

  11. Anonymous users2024-01-30

    Hello! According to the Regulations on Work-related Injury Insurance, the one-time disability allowance for grade 9 is 9 months' salary, and the salary is the average monthly contribution salary for the 12 months before the injury. If your "average salary in the 12 months prior to your injury was about $4,800", the lump sum disability benefit should be:

    4800x9=43200 yuan.

    In reality, some units (not just your company) do not pay work-related injury insurance according to the actual salary of employees, and once a work-related injury occurs, the one-time disability subsidy will be lower than the one that should be received. This responsibility lies with the employer, so you can ask the employer to pay the difference in the reduction of work-related injury benefits, and if the company does not pay, you can apply for labor dispute arbitration.

    Article 58 of the Regulations on Work-related Injury Insurance of Guangdong Province clearly stipulates that if an employer underreports the wages of its employees and fails to pay the work-related injury insurance premiums in full, resulting in a decrease in the work-related injury insurance benefits enjoyed by the injured employees, the employer shall make up the difference in the work-related injury insurance benefits from the injured employees.

    Article 27 of the Regulations on Work-related Injury Insurance promulgated by Beijing Municipality clearly stipulates that if an employer fails to pay work-related injury insurance premiums in full, resulting in a reduction in the work-related injury insurance benefits enjoyed by the injured employee, the reduced part shall be paid by the employer.

    Jiangsu Province's new measures for the implementation of work-related injury insurance have not yet been promulgated, but according to the provisions of the "Regulations on Work-related Injury Insurance" on personal wages, your claim should be supported by law.

    You can wait until the 2011 average wage of employees in Wuxi is announced before submitting your resignation, at that time, the base of the calculation of the one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability is calculated using the average wage of employees in Wuxi in 2011, which will be higher than the calculation in 2010, because the average wage of employees is increasing year by year. "How much money can you take! "I can calculate it for you after the announcement of the average salary of employees in Wuxi in 2011, and now I don't know what the average salary of employees in Wuxi in 2011 is, how can I calculate it?

    You say, don't you?

  12. Anonymous users2024-01-29

    For what reason a second compensation is requested,

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