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It is a work-related injury. If the disability is constituted after being identified, the applicant shall apply for the evaluation of the level of disability and enjoy benefits in accordance with Article 39 of the Regulations. If the employer fails to pay work-related injury insurance, the employer shall bear it. Paid by the Human Resources and Social Security Bureau.
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) 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;
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Lawyer Qifatong: The boss is responsible, you can apply for a work-related injury appraisal.
1. To apply for work-related injury determination, the unit shall declare 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 shall submit proof of labor relationship (including de facto labor relationship), hospital medical records, doctor's diagnosis certificate, etc.
2. After the work-related injury is identified, apply for labor ability appraisal and assess the disability level after the injury is relatively stable. According to the "Appraisal Standard for the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees" (GB T 16180-2006), "no functional impairment after the healing of fractures in all parts of the body" is grade 10, and if there is internal fixation, "no functional impairment after fracture internal fixation" is level 9, and the final labor ability appraisal shall prevail.
3. The treatment of work-related injuries according to the tenth grade is as follows:
1. Medical treatment: reimbursement of medical expenses, hospital meal subsidy by work-related injury insurance** according to local standards, need to care, if the unit is not out of the care, the unit needs to pay nursing fees according to local standards.
2. Treatment during the suspension period: **Work-related injuries need to determine the period of suspension with pay, and the original salary and benefits remain unchanged during the period of suspension with pay, which shall be 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 7 months' salary for grade 10 disability, and my salary is the average monthly payment salary for 12 months before the injury, and it should be noted that if my salary is lower than 60% of the average salary of employees in the overall planning area, it will be calculated according to 60% of the average salary of employees in the overall planning area.
Calculation: My salary x 7 =
4. If the labor relationship is terminated, the work-related injury insurance shall pay a one-time work-related injury medical subsidy, and the unit shall pay a one-time disability employment subsidy, according to the standards of Zhejiang Province, each for 2 months of the average monthly wage of on-the-job employees in the province in the previous year, and the average monthly wage of employees in Zhejiang Province in 2011 shall be yuan.
Calculation: Yuan. If the employment relationship is not terminated, the compensation is added.
If the employment relationship is terminated, the compensation is added up.
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I am a green tree, bathed in the sunshine of wisdom and wisdom, in the invoice soil of your knowledge, thrive, the deep affection of the sky, the love of the earth, engraved in my heart, life after life, never forget.
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When I was at work, I injured my foot, and the company said that if the bone is not broken, it is not a work injury, is there such a statement? During the working hours of the employee, the foot injury due to work reasons is considered a work-related injury. As long as an employee suffers an accident injury, whether it is a work-related injury or not, as long as the accident injury is due to work-related reasons, regardless of the severity of the accident, and meets one of the circumstances specified in Articles 14 and 15 of the Regulations on Work-related Injury Insurance, and there are no circumstances specified in Article 16, it shall be recognized as a work-related injury or a rubber ruler shall be regarded as a work-related injury.
Therefore, if an employee suffers a foot injury due to work-related reasons, it should be recognized as a work-related injury, and there is no fracture or joint tendon and ligament laceration, which does not constitute a disability level, but only enjoys the treatment of work-related injury medical treatment and the period of suspension of work with pay.
Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Engaging in work-related preparatory or finishing work in the workplace before or after working hours and being injured by an accident; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer. Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations. Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be found to be a work-related injury or be treated as a work-related injury
1) Intentionally committing a crime; (2) Drunk or taking drugs; (3) Self-harm or suicide. Do you understand the above regulations on work-related injuries?
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Summary. Hello dear, happy to answer your <>
The left side of the internal and external malleolus avulsion fracture of the construction site work-related injury is not enough to compensate for the disability as follows: 1. Medical expenses 2, lost work expenses 3, hospital meal allowance 4, nursing expenses 5, disability compensation 6, disability equipment expenses 7, disability compensation 8, and later ** expenses.
How to compensate for the avulsion fracture of the left medial and lateral malleolus of the construction site work-related injury.
Hello dear, happy to answer your <>
Poke Facebook Tape]: The avulsion and leakage fracture of the left medial and external malleolus of the construction site work-related injury is not enough for the disability compensation as follows: 1. Medical expenses 2, lost work expenses 3, hospital meal subsidies 4, nursing expenses 5, disability compensation 6, disability equipment expenses 7, disability compensation state Yulujin 8, and later ** fees.
The legal analysis made by Qinqin for you is as follows: <>
<> degree of avulsion fracture work-related injuries can usually be determined only after the appraisal of the relevant departments. However, you can generally receive the following compensation, including medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, and compensation for mental damages. After the disability level is confirmed, compensation will be made according to the disability level and local conditions.
The relevant legal basis for you is as follows: Article 38 of the Social Insurance Law of the People's Republic of China The following expenses derived from work-related injuries shall be paid from work-related injury insurance in accordance with national regulations: (1) Medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Congratulatory expenses for transportation, accommodation, and transportation for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) Where they are unable to take care of themselves, the living care expenses confirmed by the Appraisal Committee for Labor Ability; (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.
Dear, hemp chain is only annoying you can shed Wang Pei to explain your specific situation in detail, I will help you analyze and analyze, and we will discuss a mausoleum solution <> together
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Summary. Hello dear, happy to answer your <>
If the avulsion fracture of the left medial and medial malleolus is not enough for disability, your situation constitutes a grade 10 work-related injury and you can normally receive work-related injury compensation.
How to compensate for the avulsion fracture of the left medial and lateral malleolus of the construction site work-related injury.
Hello dear, happy to answer your <>
The avulsion fracture of the left medial and lateral malleolus of the construction site injury is not enough for disability, and your behavior is a situation that constitutes a grade 10 work-related injury, and you can normally receive work-related injury compensation from Zhengzhou. Bump the vertical.
The legal analysis made by Qinqin for you is as follows: The compensation for grade 10 work-related injuries is as follows: (1) Medical expenses.
Actual reimbursement, including medical expenses during hospitalization, training and slip injury; (2) Hospitalization meal subsidy, transportation, accommodation and food expenses; (3) The salary during the suspension period is equal to the employee's original salary and benefits; (4) For grade 10 disability, the one-time disability subsidy is 7 Hui Xian monthly salary.
A one-time disability allowance is paid according to the level of disability from work-related injury insurance, 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; If the labor or employment contract expires at the end of the term, or if the employee is aware of the employee's request 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. 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.
Dear, hemp chain is only annoying you can shed Wang Pei to explain your specific situation in detail, I will help you analyze and analyze, and we will discuss a mausoleum solution <> together
Have you been injured at work?
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Because whether or not traumatic arthritis is left can be assessed as different levels of disability and enjoy different treatments, apply for work-related injury identification and labor ability appraisal, and claim according to the appraisal conclusion.
If a worker is injured in a work-related accident, he or she shall first apply to the Human Resources and Social Security Bureau for a work-related injury determination, and the employer shall apply within 30 days of the accident. Trade unions, injured workers, or their close relatives submit an application for recognition within one year. The following materials shall be submitted to apply for work-related injury determination:
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, etc.
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Regardless of the severity of the injury, any personal injury caused by work is a work-related injury!
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No, the injury is not serious.
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If the labor relationship can be determined, you should apply for work-related injury identification and labor ability appraisal as soon as possible, and then apply for labor arbitration as soon as possible according to the appraisal results, and request the employer to compensate for work-related injuries as soon as possible, because the statute of limitations is only 1 year, and the law does not support it if the statute of limitations is exceeded.
Compensation items for disability caused by work-related injuries: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc.
If the labor relationship cannot be determined, you can go to the judicial appraisal agency for the disability level appraisal, and the injured person needs to bring a copy of the ID card, medical records, **, etc.
Then, according to the appraisal results, file a lawsuit with the court as soon as possible to claim compensation for personal injury, because the statute of limitations is only 1 year, and the law does not support it after the statute of limitations.
Personal injury compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and if the victim is disabled due to injury, it is also necessary to increase disability compensation, disability assistive device expenses, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
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It should be a work-related injury. Compensation should be made.
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Workplace injuries on the construction site are very complicated, find the contractor and the boss, and sue them if they can't.
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It should be a work injury, find the person in charge of the construction site.
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Generally, depending on the employment relationship, compensation can be claimed.
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