Half of the work related injury lung is counted as a few levels of disability, and a work related in

Updated on healthy 2024-05-08
8 answers
  1. Anonymous users2024-02-09

    Specifically, it shall be subject to the appraisal results issued by the appraisal institution, and the following appraisal results of work-related injuries and disabilities shall prevail:

    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.

  2. Anonymous users2024-02-08

    Ask a doctor to certify the level of disability.

  3. Anonymous users2024-02-07

    Legal Analysis: Two rib fractures and lung contusions caused by lead deficiency caused by work-related injuries of employees, among which, the fractures of the two ribs meet the regulations of the national standard "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability", and should be assessed as Grade 10 disability.

    Legal basis: Article 17 of the Regulations on Work-related Injury Insurance Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

    If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located. Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

    If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits that comply with the provisions of these Regulations during this period.

  4. Anonymous users2024-02-06

    1. According to GB T16180-2006 "Labor Ability Appraisal - Classification of Disability Caused by Work-related Injuries and Occupational Diseases of Employees" G) Level 7 42) Lobectomy; The situation you mentioned constitutes a seventh-degree disability.

    2. Article 35 of the "Regulations on Work-related Injury Insurance" If an employee is identified as a grade 7 to 10 injury 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.

  5. Anonymous users2024-02-05

    One-third of the injured worker's lungs were resected, reaching grade 8 disability.

    According to the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014, one-third of the lungs of injured workers are resected, which meets the level 8 disability standard.

    According to Article 37 of the Regulations on Work-related Injury Insurance, if an employee is identified as having a Grade 8 disability due to work-related disability, a one-time disability subsidy shall be paid from the work-related injury insurance** for 11 months of average monthly payment wages in the 12 months prior to the accident. 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. 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.

    Attached: "Labor Ability Appraisal of Disability Levels of Work-related Injuries and Occupational Diseases of Employees".

    gb/t16180-2014

    Eight-level grading principle.

    Partial organ defect, morphological abnormality, mild functional impairment, general medical dependence, no independence of life.

    Eight levels of clause series.

    Anyone who meets one of the following conditions is a work-related injury grade 8.

    43) segmentectomy; ......

  6. Anonymous users2024-02-04

    The identification of the disability level is not what our people say, you should go to the local hospital or other institutions designated by the disability recognition to assess, the documents issued by them have legal effect, and the compensation standard is determined according to their level.

  7. Anonymous users2024-02-03

    Compensation is not known until after applying for disability appraisal Compensation refer to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

    Articles 18--27.

  8. Anonymous users2024-02-02

    There is a special disability appraisal center, what is the use of asking here.

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