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First of all, it is necessary to identify the work-related injury, then do the appraisal of the labor ability level, and finally make a claim according to the grade.
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Injury to lose sight in one eye, is a Grade 7 disability, and the workers' compensation is as follows:
1. One-time disability subsidy, 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. One-time medical subsidy, if the employee is identified as a grade 7 to 10 disability due to work-related disability, the labor or employment contract is terminated upon expiration, or the employee proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy;
3;If the labor or employment contract is terminated upon expiration, or the employee 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 disability employment subsidy;
4. The compensation for the period of suspension of work with pay shall be subject to the appraisal of labor ability, and the compensation shall be calculated based on the actual salary of the party concerned and the average wage of the on-the-job employees in the province where the area is located, and the specific standards of one-time medical subsidy for work-related injuries and one-time employment subsidy for disability shall be stipulated by the people of the provinces, autonomous regions and municipalities directly under the Central Government.
Legal basis] Regulations on Work-related Injury Insurance
Article 36 Employees who are assessed as having a 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: 18 months' salary for grade 5 disability and 16 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, 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 relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, 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.
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Apply for work-related injury identification and labor ability appraisal, and claim work-related injury insurance benefits according to the appraisal conclusions.
If a worker is injured in a work-related accident, he or she shall first apply to the human resources and social security bureau of the work-related injury insurance co-ordination area of the employer, and the employer shall apply within 30 days of the accident, and the labor union, the injured employee and his close relatives may submit an application for recognition within one year. The following materials shall be submitted to apply for a determination of work-related injury:
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, complete medical record materials such as examination and inspection reports that are copied or reproduced in accordance with the relevant regulations of medical record management of medical institutions;
3. The original and photocopy of the resident ID card or social security card and other valid identification certificates of the injured employee;
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, disability allowance, etc.
In the event of a dispute with the employer over work-related injury insurance benefits, it is a labor dispute, and the employer shall apply to the labor dispute arbitration commission at the place where the employer is located or the place where the labor contract is performed. After the arbitral award, the award takes legal effect, and the employer fails to perform its obligations under the award and applies to the people's court for enforcement.
If the employee does not have a labor contract and the employer does not sign and seal the work-related injury determination, the labor relationship cannot be confirmed, and the work-related injury determination cannot be applied, the employee may first apply for labor arbitration to confirm the existence of an employment relationship between the employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
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Claims should be made based on the level of disability assessed.
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If you lose sight in one eye due to work-related injury, if you have or does not have light perception in the prosthetic eye and the corrected visual acuity of the other eye is greater than or equal to the work-related injury standard, it is a grade 7 disability.
Work-related injury seventh-grade disability treatment:
1. One-time disability subsidy: 13 months x monthly salary before injury.
2. One-time medical subsidy for work-related injuries and work-related injury insurance** expenditure.
Applicable conditions: The labor contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor contract.
3. One-time employment subsidy.
Applicable conditions: When the labor contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor contract.
If the employer to which the employee works fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.
The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the insurance agency may recover compensation in accordance with the law. If the unit does not pay social security, the above expenses will be borne by the single hardship finger.
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