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It is recommended to apply for a work-related injury determination before you can do a work-related injury identification. The amount of compensation can only be finalized after the appraisal level, and the amount of compensation will vary from place to place for the same level. If you are not familiar with it, it is advisable to seek the help of a lawyer. Or do it as follows:
1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application 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);
3. According to different disability levels, the compensation obtained 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, food allowance, nursing expenses, etc.
4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
5. If the employer has paid social security, most of the compensation will be paid by the social security**, otherwise all will be paid by the employer.
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The other four fingers are gone, if this is possible, it can be about level 8.
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Legal analysis: 1. If it is broken from the middle: excluding the thumb is a seventh-level disability; Including the thumb is a grade 6 disability. 2. If 4 fingers are broken from the root of the finger, it is a sixth-grade disability.
Legal basis: Article 22 of the Regulations on Work-related Injury Insurance Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care disability.
There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.
There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.
The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.
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Summary. Level 6.
Criteria for the Identification of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees f) Level 6 18) Missing or complete loss of function of the remaining four fingers except the thumb; Should be a Grade 6 disability.
Loss of function of the remaining four fingers of the left hand except for the thumb can be determined as several levels of work-related injury, except for the thumb, the other four fingers are gone, which is counted as a few levels of work-related injury.
Criteria for Identifying the Degree of Disability Caused by Work-related Injuries and Occupational Diseases for Level 6 Employees f) Level 6 18) Missing or complete loss of function of the remaining four fingers except the thumb; Should be a Grade 6 disability.
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Legal analysis: The right hand, except for the thumb, is disabled by four fingers due to work-related injuries, and can be rated as a seventh-grade disability according to the work-related injury disability appraisal standards.
Legal basis: "Regulations on Work-related Injury Insurance" Article 37 If an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she 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:
Grade 7 disability is 13 months' salary, Grade 8 disability is 11 months' salary, Grade 9 disability is 9 months' salary, and Grade 10 disability is 7 months' salary; (2) If the employment contract of labor or shed 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 injury, 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.
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The right hand, except for the thumb, is disabled by four fingers due to work-related injuries, and can be rated as a seventh-grade disability according to the work-related injury disability appraisal standards.
1. A broken thumb is a few levels of disability.
In order to constitute a seventh-grade disability (specifically based on the determination of work-related injuries), 13 months' wages shall be compensated. Judging criteria: Grade 7 of work-related injury and disability:
1. Severed interphalangeal joint of one finger; 2. Deformity of the interphalangeal joint of the thumb and complete loss of function; 3. In one hand, except for the thumb, the other 2 3 (including the index finger) proximal interphalangeal joint is severed; 4. Loss of function of proximal interphalangeal joints of 2 3 fingers (including index finger) except for thumb in one hand.
2. Work-related injury compensation standards for fractured right thumb.
Generally, a foot thumb fracture can be identified as a grade 10 disability, and the compensation is about 4-60,000 yuan. 1.The medical expenses shall be paid in full by the employing travel unit; 2.
During the period of suspension of work and salary (during the period of work-related injury** and **), the salary shall be paid according to the original treatment; 3.If care is required during the period of suspension of work and pay, the employer shall be responsible for the complaint; 4.Food allowance during hospitalization is paid according to local standards; 5.
First apply for labor ability appraisal, foot and thumb fracture, look at the recovery situation, generally speaking, there is no problem with grade 10 disability, and the compensation amount is between 4-60,000 yuan (mainly related medical expenses, one-time disability subsidy, one-time work-related injury medical subsidy and one-time work-related injury employment subsidy after the termination of labor relations) 6Workers' Compensation:
3. How much can I pay for a comminuted fracture of the left thumb caused by a work-related injury?
If you have a comminuted fracture of your thumb at work, you can be assessed as a grade 10 disability according to the assessment criteria for work-related injuries. A one-time disability allowance is paid according to the level of disability from the work-related injury insurance**, and the salary of the person with a grade 10 disability is 7 months; 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** shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy.
Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as a Grade 7 to Grade 10 disability due to work-related disability, he or she 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 the promotion of one-time work-related injury medical subsidies and one-time disability employment subsidies shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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Legal analysis: Thumb amputation is counted as a few levels of work-related injuries with the following circumstances: 1. The distal part of the thumb is missing 1 2, and the index finger is missing, which is a grade 9 disability; 2. The distal part of the thumb is missing 1 2, the index finger is missing 2 and 3 is missing, which is an eighth-grade disability; 3. Missing distal segments of the thumb and missing less than three segments of the index finger is a grade 7 disability; 4. Missing thumb and missing less than three segments of the index finger is a grade 6 disability.
Legal basis: Regulations on Relief and Return of Work-related Injury Insurance》 Article 21 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 be evaluated for his or her ability to work.
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The level of disability of the person concerned depends on the cause of the disability. Legal basis: "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 34 Employees who are identified as Grade 5 or Grade 6 disability due to work-related disability shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance**, and the standard is: 16 months' salary for grade 5 disability and 14 months' salary for grade 6 disability; (2) Retain the labor relationship with the employer, 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:
70% of the salary for the fifth-grade disability and 60% of the salary for the sixth-grade disability, and the employer shall pay all social insurance premiums for the employee 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. 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.
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