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1.First of all, it is necessary to apply to the local labor department for work-related injury recognition, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the employer does not apply, the individual employee must apply within one year from the date of injury;
2.If the injury is determined to be work-related injury, after the injury is stabilized, you can apply for a labor ability appraisal to determine the level of work-related injury, and then claim disability compensation from the employer according to the level of disability;
3.If the person is assessed as a grade 10 disability (grade 10 disability is the least disability level), he or she can enjoy the following work-related injury benefits:
1) The medical expenses shall be paid in full by the employer;
2) During the period of suspension of work and salary (during the period of work-related injury**, **), the salary shall be paid according to the original treatment;
3) The unit is responsible for the need for nursing care during the suspension period;
4) The food subsidy during the hospitalization shall be paid according to the standard of the place where the injured employee is located;
5) Workers' Compensation:
1) If you continue to work in the unit and do not resign, you will be entitled to a one-time disability allowance according to the "Regulations on Work-related Injury Insurance", and the salary for grade 10 work-related injuries is 7 months.
2) If you choose to quit your job, you can enjoy a one-time medical subsidy for work-related injuries and a one-time disability employment subsidy in addition to a one-time disability allowance. The specific amount is determined by the location of the injured employee, and the amount of compensation varies depending on the region, so you can call 12333 to consult the local labor department.
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Work-related injury grade 10] standard: 6) distal interphalangeal joint or loss of function in any finger except the thumb;
10) Except for the thumb, the remaining 3 and 4 distal fingers are missing; 14) There is no functional impairment after the fracture of all parts of the body is healed;
1. There are fractures; 2. Loss of joint function; 3. Disconnection of stubs. Any one of these criteria can be assessed as a grade 10 work-related injury.
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Legal Analysis: The standard of compensation for finger disability caused by work-related injury mainly includes:
1. Medical expenses;
2. ** fee, which needs to be assessed by experts organized by the handling agency;
3. Hospitalization meal subsidy;
4. Transportation and accommodation expenses, reimbursement and reimbursement;
5. Nursing expenses, if you need nursing care during the period of suspension of work and salary, the unit shall be responsible for it. With the consent of the injured employee or his/her relatives, the employer may also pay nursing expenses according to the standard of one employee per month in the previous year.
6. Suspension of work and retained wages;
7. Assistive device fee;
8. Disability treatment, mainly including: payment of one-time disability subsidy; Disability allowance on a monthly basis;
9. One-time medical subsidy for work-related injuries and employment subsidy for disability.
Legal basis: 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: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;
2) 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.
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Legal Analysis: The standard of compensation for finger disability caused by work-related injury mainly includes:
1. Medical expenses;
2. ** fee, which needs to be assessed by experts organized by the handling agency;
3. Hospitalization meal subsidy;
4. Transportation and accommodation expenses, reimbursement and reimbursement;
5. Nursing expenses, if you need nursing care during the period of suspension of work and salary, the unit shall be responsible for it. With the consent of the injured employee or his/her relatives, the employer may also pay nursing expenses according to the standard of one employee per month in the previous year.
6. Suspension of work and retained wages;
7. Assistive device fee;
8. Disability treatment, mainly including: payment of one-time disability subsidy; Disability allowance on a monthly basis;
9. One-time medical subsidy for work-related injuries and employment subsidy for disability.
Legal basis: 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: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;
2) If the labor contract expires and the registration is terminated, or the employee himself proposes to terminate the labor contract, the employer Shan Honghui 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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Legal analysis: The identification of the disability level due to work-related injuries requires a special judicial appraisal agency to conduct the appraisal, and the loss of a hand in the work-related injury stool is generally a fifth-grade disability.
Legal basis: Regulations on Work-related Injury Insurance Article 36 Employees who are identified as Grade 5 or 6 nuclear brigade-level disability due to work-related disability shall enjoy the following benefits: 1
A lump sum disability allowance is paid from work-related injury insurance** according to the level of disability, and the standard is: 18 months' salary for grade 5 disability and 16 months' salary for grade 6 disability. 2.
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, the standard is: 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 the social insurance premiums due to 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. Upon the request of the injured employee, the employee may terminate or terminate the labor file relationship with the employer, and 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 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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If three fingers are disabled in a work-related injury, compensation shall be made in accordance with the level of disability evaluation.
1. The specific claim for compensation is:
The main compensation of work-related injury insurance benefits is: medical expenses
or a lump sum disability allowance (monthly salary).
A one-time employment allowance (based on your province's work-related injury regulations, received upon termination of the employment relationship).
One-time medical subsidy (determined according to the provincial work-related injury regulations of the province where you are relieving your work, and received when the employment relationship is terminated).
Disturbance of the group, suspension of work and pay period wages (determined according to the notice of labor ability appraisal conclusions),
Food allowance, nursing care, transportation, etc.
In accordance with Article 37 of the Regulations on Work-related Injury Insurance and the provisions of the Regulations on Work-related Injury Insurance in your province.
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You should first go for a disability assessment and then claim compensation based on your disability level.
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Work-related injury disability compensation standard: apply for work-related injury compensation from the unit.
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Grade 6 disability.
Labor Ability Appraisal Disability Level of Work-related Injuries and Occupational Diseases of Employees "Level 6 Except for the thumb, the remaining four fingers are missing or completely lost.
Work-related injury insurance benefits include:
1.Medical expenses shall be paid by work-related injury insurance**, and if the employer does not apply for work-related injury insurance, the employer shall pay the full amount;
2.During the period of suspension of work and salary (** period, ** period), the salary shall be paid according to the original treatment (need to be appraised by the Labor Ability Appraisal Committee);
3.If nursing care is required during the suspension period, the unit shall be responsible; Those who do not need care will no longer be paid.
4.During hospitalization, food subsidies and transportation expenses are issued according to local standards, which vary slightly from place to place;
5.Workers' compensation: (provided that the disability level is assessed by the Labor Ability Appraisal Committee).
1) Those who continue to perform the labor contract shall enjoy a one-time disability subsidy in accordance with the provisions of the Regulations on Work-related Injury Insurance. For example, a grade 6 work-related injury is 16 months' wages.
2) If the labor contract is dissolved or terminated, you can also enjoy a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability. The specific amount is set locally, and the amount of compensation varies from region to region, so you can consult the local labor and social security administrative department.
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ยทยทยท There should be more than 100,000 at the ninth level. However, it is necessary to confirm the diagnosis of work-related injury.
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[Grade 7 work-related injury] standard: 16) A thumb interphalangeal joint is severed;
17) Deformity of the interphalangeal joint of one thumb, complete loss of function;
18) In one hand, except for the thumb, the proximal interphalangeal joints of the other 2 3 fingers (including the index finger) are severed;
19) Loss of function of the proximal interphalangeal joints of 2 3 fingers (including index finger) except for the thumb of one hand;
Work-related injury grade 8] standard: 16) One hand, except for the thumb and index finger, the proximal interphalangeal joint of two fingers is severed;
17) In one hand, except for the thumb and index finger, there are two proximal interphalangeal joints that are non-functional;
Work-related injury grade 9] standard: 16) 1 2 missing part of the distal part of the thumb;
17) 2 3 segments of the index finger of one hand are missing; 18) loss of function of the interphalangeal joints of the thumb;
If the thumb is severed from the joint, it can be rated as a grade 7 work-related injury.
The applicant shall submit an application to the labor ability appraisal committee of the city divided into districts where the work-related injury occurs. The labor ability appraisal committee at the districted city level is responsible for the initial appraisal and review appraisal of the labor ability within its jurisdiction. The Provincial Labor Ability Appraisal Committee is responsible for the re-appraisal of the initial appraisal or the re-appraisal conclusion submitted by dissatisfaction. >>>More
Those who are disabled due to work-related injuries can enjoy work-related injury insurance benefits, including:1medical expenses, equipment and equipment expenses; 2. >>>More
According to GB T16180-2014 "Labor Ability Appraisal Disability Grade of Work-related Injuries and Occupational Diseases of Employees" 10-level standard: 6) One finger except the thumb, any finger distal interphalangeal joint is severed or lost function; >>>More
It is estimated that it is. Fourth, fifth-grade disability, as for how much to pay, each province has different regulations, and the specific amount of compensation is different, take our Yunnan as an example: the fifth-level work-related injury compensation project is; >>>More
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. >>>More