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Specifically, it should be based on the appraisal results issued by the appraisal agency, and it is best to apply for work-related injury recognition first, and continue to apply for disability rating if there is a loss of working ability, the following are the procedures for work-related injury identification:
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.
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Report the work injury first, and when the time comes, we will notify you to go for an appraisal.
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Legal Analysis: Measures for Handling Work-related Injury Benefits for Employees with Work-related Injuries in Grades 5 to 10. Employees with grade 5 and grade 6 work-related injuries may, upon written request from the employer, 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 injuries (including the cost of assistive devices, the same below), and the employer shall pay a one-time disability employment subsidy.
If the labor or employment contract is terminated upon the expiration of the employee's employment contract or the employee himself requests the termination of the labor or employment contract in writing, the work-related injury insurance insurance shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy. The standard of one-time medical subsidy for work-related injuries is: 30 months for level 5, 25 months for level 6, 10 months for level 7, 7 months for level 8, 4 months for level 9, and 2 months for level 10.
The standard of one-time disability employment allowance is: 30 months for level 5, 25 months for level 6, 10 months for level 7, 7 months for level 8, 4 months for level 9, and 2 months for level 10. The one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability shall be calculated and paid according to the average monthly wage of on-the-job employees in the province in the previous year when the labor relationship (labor, employment contract) is dissolved or terminated.
If the work-related injury determination is completed before January 1, 2011 in accordance with the provisions of work-related injury insurance laws and policies, and the labor relationship is dissolved or terminated after January 1, 2011, the one-time medical subsidy for work-related injury shall be paid by the work-related injury insurance**. If the injured employee who has participated in the basic pension insurance in accordance with the law is less than 5 years from the age of enjoying the basic pension on a monthly basis, the one-time medical subsidy for work-related injury shall be paid in full, and the one-time disability employment subsidy shall be reduced by 20% for each full one anniversary; Employees who have gone through the retirement formalities and are entitled to a basic pension on a monthly basis are not entitled to a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability.
Legal basis: Article 37 of the Regulations on Work-related Injury Insurance Article 37 If an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she 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:
13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability; (2) If the labor or employment contract is terminated upon expiration, or the employee himself 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 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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According to the criteria for the identification of work-related injury and disability: except for the thumb, the proximal interphalangeal joints of the other 2 3 fingers (including the index finger) of one hand are severed, and they are identified as grade 7 disability. In addition to the thumb and index finger, there are two proximal interphalangeal joints in one hand, which is identified as grade 8 disability.
If it is a work-related injury, you can negotiate to resolve it, but if the negotiation fails, if the employment relationship can be determined, you should apply for work-related injury recognition and labor ability appraisal as soon as possible.
Injuries during working hours and the completion of work tasks should be a work-related injury, and should first apply for work-related injury identification, and then apply for the appraisal of the suspension period and labor ability appraisal after the work-related injury identification. Work-related injury appraisal refers to the act of appraising the work-related injury of an employee who applies for work-related injury appraisal on the basis of the completion of his or her medical treatment or the expiration of his or her medical treatment period, and the labor ability appraisal committee at or above the districted city shall conduct an appraisal of his or her work-related injury-related matters. At the same time, the victim can also claim the corresponding compensation through the work-related injury insurance, and the work-related injury level needs to be identified before the compensation, and the work-related injury grade appraisal will also be judged according to the actual situation of the victim and the impact caused.
Legal basis
Labor Law of the People's Republic of China
Article 70 The State shall develop social insurance, establish a social insurance system, and establish social insurance** so that workers can receive assistance and compensation in the event of old age, illness, work-related injury, unemployment, childbirth, etc.
Article 73 Workers shall enjoy social insurance benefits in accordance with law under the following circumstances:
a) retirement; diosmotic balance) sick and wounded;
3) Suffering from work-related disability or occupational disease;
iv) unemployment; 5) Childbearing. After the death of a worker, his surviving family members are entitled to survivors' allowances in accordance with the law. The conditions and standards for workers to enjoy social insurance benefits shall be prescribed by laws and regulations. Social insurance contributions must be paid in full and on time.
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1.According to the injuries you mentioned, combined with the provisions of GB T 16180-2014 of the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability", if only the finger nerve is damaged and the bones are not injured, it is estimated that it will be difficult to reach the disability level with my personal work experience. Of course, I said that it doesn't matter, the specific level depends on the conclusion of the labor ability appraisal, and I can only approximate it based on work experience.
2.First of all, it is necessary to apply to the local labor department for work-related injury identification, which is the premise of all problems, without applying for work-related injury identification, it is impossible to apply for labor ability appraisal, and then obtain disability compensation, if the unit does not apply, the individual employee must apply within one year from the date of injury;
3.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;
4.If you don't understand anything, you can call 12333 directly to consult the local labor department!
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Absolutely. First, the disability level is determined, and then the work-related injury is determined.
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It may be possible to grade 10.
According to the "Disability Level of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T 16180-2014
Ten-level grading principle.
Partial organ defect, abnormal morphology, no dysfunction, no medical dependence or general medical dependence, no self-care disorder.
10-level clause series.
Anyone who meets one of the following conditions is a work-related injury grade 10.
5) Disconnection or loss of function of the distal interphalangeal joint of any finger except the thumb;
However, now, regardless of whether we say it can be rated or not, you should ask the company to apply for a work-related injury determination for you, and then appraise it. Don't leave yourself a chance to regret it, the appraisal itself doesn't cost much, you have to do it yourself, and the most important thing is that all the appraisal fees can be reimbursed in case of appraisal.
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Pick up the labor contract, medical records, and work-related injury certificate and sign the disability level.
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Apply for work-related injury identification, and then do a labor ability appraisal to determine.
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Disability and work capacity assessments need to be carried out by professional institutions.
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Hello, you have to do a work-related injury appraisal to know the specific level of work-related injury.
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1.The appraisal of labor ability (work-related injury disability assessment) is mainly based on the diagnosis of work-related injury and the situation of the work-related injury, and in accordance with the relevant provisions of the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014. Since the specific injuries of the injured are not stated, it is impossible to estimate the specific level of disability based on the loss of consciousness alone, and the specific results depend on the appraisal conclusions of the expert group of the Labor Ability Appraisal Committee.
2.Employees with work-related injuries can compare the relevant provisions of GB T16180-2014 on the "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" to estimate their disability level based on their own injuries.
3.If the applicant has any objection to the appraisal conclusion, he or she may, in accordance with Article 26 of the Regulations of the People's Republic of China on Work-related Injury Insurance, submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion.
4.If you don't understand anything, you can call 12333 directly to consult the local labor department!
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It may be possible to grade 10.
According to the "Disability Level of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T 16180-2014
Level 10. Grading principles.
Partial organ defect, abnormal morphology, no dysfunction, no medical dependence or general medical dependence, no self-regulation disorder.
10-level clause series.
Anyone who meets one of the following conditions is a work-related injury grade 10.
5) Except for the round thumb of one finger, the distal interphalangeal joint of any finger is severed or the function is lost;
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