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There are too many such things, and some companies just don't care about the life or death of workers, the first thing you have to do is to get the work-related injury appraisal, work-related evidence, and write a written report. Then negotiate with the company according to the level of work-related injury, it is best to negotiate, (including recuperation time), if the negotiation is not good, you have to go to the labor service company to submit relevant information, and finally if it does not work, you will go to the court, you will definitely get an explanation, now the society will protect the interests of workers, you will succeed, persevere, the victory belongs to you, I wish you success.
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If the work-related injury is identified, the work-related injury is to determine a period of suspension with pay, and you must be notified if the period of suspension with pay is determined.
When should I get an appraisal? It should be after the ** injury is relatively stable. What is the relative stability of the injury after **, you can grasp it yourself:
At the expiration of the suspension period, if you no longer need it, there is no need to apply for an extension of the suspension period, and you should apply for an appraisal. Some places stipulate how long before the expiration of the suspension period to apply, so you should contact the unit in time before the expiration of the suspension period and apply for appraisal according to the regulations.
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Hurry up to apply for work-related injury recognition and work ability appraisal to prove disability; With disability, you can ask for compensation; If it drags on any longer, the statute of limitations will expire;
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The first thing you have to do is to collect your best information, and labor relations information, and then go to the labor bureau to apply for work-related injury identification, only if you identify the work-related injury your rights and interests can be guaranteed, if you wait like this, if the time limit for work-related injury identification has passed, then you will have no way to defend your rights in a passive situation. For the sake of your legitimate rights and interests, act as soon as possible.
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Go to the labor and social security administrative department to apply for work-related injury recognition; Then go to court with a work-related injury determination.
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You can go to the Labor Bureau for grievance processing.
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Apply directly for labor arbitration.
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Apply for work-related injury recognition and work ability appraisal to prove disability.
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Then go to the Labor Bureau and let the Labor Bureau come forward to coordinate.
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1. Have you applied for work-related injury recognition?
2. What are the levels of work-related injuries?
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Legal analysis: There is a period of suspension of work and pay for work-related injuries, during which there is no need to work, and you can go home to recuperate, and the employer will pay wages according to the original salary and benefits on a monthly basis. Original salary refers to the average salary for the 12 months prior to the injury.
Legal basis: Article 14 of the 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) He or she is 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) Accidental injuries such as violence during working hours and in the workplace due to the performance of work duties.
4) Suffering from occupational diseases.
5) During the period of going out for work, they are injured due to work reasons or their whereabouts are unknown in an accident.
6) 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.
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Legal analysis: According to the laws of our country, there is compensation, including nursing fees, nutrition fees and other expenses.
Legal basis: Article 33 of the Regulations on Work-related Injury Sun Qing Insurance Article 33 If an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis.
The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.
If the injured employee still needs to be disturbed after the expiration of the suspension period with pay, he or she shall continue to enjoy the medical treatment of the work-related injury.
If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
Article 34 Where an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee that he or she is in need of life care, he or she shall be paid a monthly living care fee from the work-related injury insurance.
The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.
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Some. According to the standard of work-related injury compensation, the items of work-related injury compensation include nursing expenses, nutrition expenses, lost work expenses and other expenses during the period of recuperation at home. The compensation items for workers' compensation claims are as follows:
1.Compensation for general injuries caused (not up to disability), including medical expenses, food allowance during hospitalization, living care expenses, wages during the work-related injury, transportation, accommodation and food expenses. 2.
Compensation for disability includes medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and lodging expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical allowance for work-related injuries, and one-time disability employment subsidy.
Legal basis: Article 30 of the Regulations on Work-related Injury Insurance Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.
**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the certificate issued by the medical institution and the consent of the handling agency, the transportation, accommodation and accommodation expenses required for the injured employee to seek medical treatment outside the overall area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of Tongbang Zhengzhen District.
Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures. If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
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Summary. Hello, your situation has been understood. First of all, for your work-related injury problem, it is because the injury you sustained in the course of your work in the work environment is recognized as a work-related injury.
This is the case if your injury is at home while you are recuperating at home, because the original injury is more serious. In other words, it is because of this work injury that your injury is more serious. In this case, your employer can claim compensation.
Hello, the lawyer is at your service. I'm getting to know you for a moment.
Hello, your situation has been understood. First of all, for your work-related injury problem, it is because you were injured in the process of obtaining work in the work environment, and Song Dou was recognized as a work-related injury. This is the case if your injury is at home while you are recuperating at home, because the original injury is more serious.
In other words, it is because of a work injury that has made your injury more serious. In this case, your employer can claim compensation.
If your situation is due to your personal reasons, that is, your personal carelessness, or other reasons, your state cong is injured again. Then your unit is not responsible and liable for compensation.
This is a condition in which a fall makes the injury worse.
That is, because of your personal reasons, you fell and injured yourself, which caused this injury to be more serious. In this case, the unit is not responsible for compensation.
Well, okay. Hello, if you are satisfied with my reply, I hope to give me a thumbs up in the future, your encouragement is the motivation for my reply
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After waiting for the injury to be stabilized, apply for work-related injury appraisal, determine the level of disability, claim compensation, pay disability subsidy, and if both parties terminate the labor relationship, they can request the employer to pay a one-time disability employment and a one-time medical subsidy.
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If you say that your leg is injured and you can't walk down the aisle, and you fall down if you can walk, or because your leg is inconvenient, you fall down, I think it's still a work-related injury and continue to recuperate at home.
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If you get the work-related injury certificate, you can bring the information to the Social Security Bureau to apply for reimbursement of medical expenses at the end of the medical period, which is reimbursed according to the catalog, but in some areas, the top ten reimbursements are given to the unit account, and then the unit calls the employee.
After receiving the certificate, if there is a working ability certificate, you can also apply for a one-time disability allowance at the Social Security Bureau according to the disability level. Of course, if there is no grade, there is no such one-time disability benefit.
During the period of suspension of work, the employer must pay normal wages and benefits, and if it is not paid or underpaid, the employee will go to the local labor arbitration commission to apply for labor arbitration and request the employer to pay back wages.
If you fall and get injured at home, this is definitely not a work injury, and you swipe your medical insurance card by yourself.
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