My dad is a miner, stepping on coal. How to compensate for the fracture of the lower part of the leg

In accordance with the provisions of the Regulations on Work-related Injury Insurance, if an accident occurs due to work-related accidents or is diagnosed and identified as an occupational disease, the employer shall submit an application for work-related injury recognition to the social security department within 30 days.

The following materials shall be submitted to apply for work-related injury determination: application form for work-related injury determination, proof of labor relationship with the employer, diagnosis certificate or appraisal certificate from the hospital.

The administrative department for labor and social security shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his immediate family members and the employee's employer in writing within 20 days.

If the employee or his or her immediate family members believe that it is a work-related injury, but the employer does not believe that it is a work-related injury, the employer shall bear the burden of proof.

If an employee suffers a work-related injury and has a disability that affects his or her ability to work after his or her condition is relatively stable, he or she shall be assessed for his or her ability to work. The employee or his immediate family members and the employer shall apply to the labor ability appraisal committee of the city divided into districts for appraisal, and provide the work-related injury determination decision and relevant medical information. The appraisal committee shall make a conclusion within 60 days, and if necessary, it may be extended by 30 days, and promptly send it to the unit and employee applying for appraisal.

Those who are not satisfied with the conclusion of the labor ability appraisal may 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 after receiving the conclusion.

One year after the conclusion of the labor ability appraisal is made, if the injured employee or his immediate family members, his or her employer or handling agency believes that the disability has changed, he or she may apply for a review and appraisal of his or her working ability.

After the work-related injury is identified and the working ability appraisal is made, the corresponding work-related injury benefits can be calculated and applied to the work-related injury ** or the employer.

To apply for work-related injury identification, please consult and handle it with the local Human Resources and Social Security Bureau.

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 region. 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 incurred during this period that comply with the provisions of these Regulations.

You should apply for work-related injury identification, and if it affects your ability to work after it is stable, you should apply for an appraisal of your ability to work.

If there is insurance, the insurance shall bear the responsibility, and if there is no insurance, the unit shall bear the responsibility.

Have you applied for a work-related injury determination?

Agree with the people's legal advisersLevel 10.

1. First go to the local social security bureau for work-related injury identification, and then go to the medical institution designated by the social security bureau for work-related injury grade identification, and the specific work-related injury level is subject to the appraisal; 2. According to the work-related injury appraisal results, the corresponding beam burn compensation is required, if the unit has bought work-related injury insurance, the social security bureau shall pay the work-related injury compensation, if the unit has not bought work-related injury insurance, the unit shall pay according to the work-related injury insurance standard, and if the employer refuses to pay, it can also be paid in advance by the social security; 3. The scope of work-related injury compensation includes: medical expenses, nursing expenses, hospital meal subsidies, transportation expenses, accommodation expenses, **** expenses, assistive device expenses, suspension period wages, one-time disability subsidies, one-time work-related injury medical subsidies, and disability employment subsidies.

Article 17 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. Where the victim is disabled due to injury, the necessary expenses incurred due to the increase in living needs and the loss of income due to the loss of the ability to work shall also be compensated by the person obligated to compensate for the disability compensation, the cost of disability assistive devices, and the living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the care and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

1. First go to the local social security bureau for work-related injury identification, and then go to the medical institution designated by the social security bureau for work-related injury grade identification, and the specific work-related injury level is subject to the appraisal; 2. According to the work-related injury appraisal results, the corresponding work-related injury compensation is claimed, if the unit has bought work-related injury insurance, the social security bureau shall pay the work-related injury compensation, if the unit has not purchased work-related injury insurance, the unit shall pay according to the work-related injury insurance standard, and if the employer refuses to pay, it can also be paid in advance by the social security**; 3. The scope of work-related injury compensation includes: medical expenses, nursing expenses, hospitalization meal subsidies, transportation expenses, accommodation expenses, **** expenses, assistive device expenses, suspension period wages, one-time disability subsidies, one-time work-related injury medical subsidies, and disability employment subsidies.

Article 17 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating Liang Ran for the expenses related to the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

Legal Analysis: Work-related injuries, also known as industrial injuries, occupational injuries, industrial injuries, and work-related injuries, refer to injuries caused by adverse factors and occupational diseases suffered by workers when engaging in occupational activities or activities related to occupational activities. Work-related injury is the abbreviation of work-related injury, also known as occupational injury, which refers to the sudden intentional injury of the body tissue caused by the direct action of external factors in the process of production and labor, such as ** and its acute chemical poisoning caused by occupational work.

Legal basis: Regulations on Work-related Injury Insurance Article 37 If an employee is identified as having a disability of grade 7 to 10 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' 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) 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 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.

Legal Analysis: Injured at work in a coal mine, the right foot is used to the soles of the feet. After the labor appraisal of the injury, compensation will be made according to the injury.

Legal basis: Regulations on Work-related Injury Insurance

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to their work shall enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in the medical institution that has signed the 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 injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, 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 standards for work-related injury insurance hospitalization services 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 transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area. 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**.

Article 34 Where an injured worker has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of daily care, he or she shall be paid a monthly living care allowance from the work-related injury insurance. The living care expenses are paid according to three different levels: being completely unable to take care of themselves, being unable to take care of themselves for most of their lives, or being unable to take care of themselves partially, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

Legal Analysis:1First of all, it is necessary to apply for work-related injury recognition to the labor department of the place where it is done, which is the premise of all problems, and if you do not apply for work-related injury identification, you cannot obtain compensation through work-related injury, if the unit 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 obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages during the period of suspension of work (work-related injury **, **) shall be paid according to the original treatment. If you need nursing care during the suspension period, the unit shall be responsible, and the food subsidy during the hospitalization shall be paid according to the standard of the place where the injured employee is locatedAfter the injury is stabilized, you can apply for a labor ability appraisal to identify the level of work-related injury, and then calculate the amount of disability compensation according to the level of disability 4

If the employer fails to fulfill the above obligations, the injured employee can file a complaint with the local labor inspection brigade or directly go to the labor arbitration commission to file an arbitration application for short-selling fraud, so as to protect his or her legitimate rights and interests.

Legal basis: Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

1) Being 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) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.