Compensation for broken hands due to work related injuries, compensation standards for broken finger

The complete loss of first-hand function can already be classified as a grade 5 work-related injury, and the level 7 upstairs does not know where to start.

The absence of one hand and the missing thumb of the other hand are defined as grade 3, and the situation you are talking about is defined between grade 3 and grade 5, and the specific assessment criteria need to be determined by the work-related injury center according to the actual situation, either grade 4 or grade 5.

Regardless of the level of assessment, all medical expenses shall be borne by the employer, including living expenses and nursing expenses during the ** period. In addition, the employer should continue to pay wages during the work-related injury.

If it is level 4, retain the labor relationship, quit the job, and enjoy the following benefits:

1) A one-time disability subsidy shall be paid from work-related injury insurance** according to the level of disability of the individual for 18 months' salary, and the employer shall bear the burden if the employee has not participated in the work-related injury insurance.

2) Disability allowance is paid on a monthly basis from work-related injury insurance**, and the fourth-level disability is 75 of his salary, that is, the work-related injury patient does not go to work, but can receive a monthly salary, because he does not participate in the work-related injury insurance, so it is still borne by the employer, and 75% of the personal salary cannot be lower than the local minimum wage.

3) After the injured employee reaches the retirement age and goes through the retirement procedures, the disability allowance shall be suspended and the basic pension insurance benefits shall be enjoyed. If the basic pension insurance benefits are lower than the disability allowance, the employer shall still make up for it. If the employer has not provided the employee with pension insurance before, it must make up the payment.

If an employee is identified as having a first-grade to fourth-grade disability due to work-related disability, the employer and the employee shall pay the basic medical insurance premiums based on the disability allowance.

If it is set at level 5, you will enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance**, and the salary of the person with grade 5 disability shall be 16 months, and the employer shall bear the salary if the employee does not participate in the work-related injury insurance.

2) Retain the labor relationship with the employer, and the employer shall arrange appropriate work (if the arranged work is unreasonable, it may file a lawsuit in the local people's court). If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, and the standard is: 70 of the salary of the person for grade 5 disability, and the employer shall pay all social insurance premiums payable for him 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.

At the request of the injured employee, the employee may terminate or terminate the employment relationship with the employer, and the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy, which shall be 32 months' personal salary.

In short, if the work-related injury level is above level 5, the employer needs to be responsible for the employee's life, pay monthly salary, and pay various social insurances. If the employer proposes to make a private decision, you can calculate that according to the above regulations, the cash will be converted into the salary of the injured employee on the date of retirement, provided that the employer has paid social insurance to the employee, otherwise he will not be able to enjoy the pension until the retirement age. And to take into account, because of the physical disability to the future life of all kinds of inconvenience, the amount of compensation is not small, under normal circumstances, if after excluding medical expenses less than 200,000, then in accordance with the national standard compensation, do not accept private, the specific amount of your own control.

If it is considered a work-related injury, it is a 7th-degree disability, and medical expenses and living allowance will be compensated.

The situation you said is not clear at the moment, according to the (work-related injury insurance) disability clearance requirements, the following is for your future reference: Level 4 is the absence of one side of the elbow (non-beneficial side).inability to install a prosthesis; Grade 5 is a complete loss of function in one of the shoulder, elbow, and wrist joints; Grade 6 is the loss of most of the function of the first hand; Grade 7 is one of the shoulder, elbow, and wrist joint dysfunction, disability level * compensation base + lost time pay (one-time salary compensation) + transportation expenses?

Medical expenses are not included; The disability level is: 10 for level 4, 8 for level 5, 6 for level 6, and 4 for level 7, explanation; (1) The compensation base is the value of the average living standard of urban residents where the employer is located; (2) The one-time wage compensation depends on the injury.

Legal Analysis: A severed finger at a work-related injury is a grade 10 disability, and a severed or functional joint on the distal side of any finger except the thumb is a grade 10 disability. The standard of disability compensation for grade 10 is: 7 of my salary.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred as a result of work-related injuries shall be paid from work-related injury insurance in accordance with the provisions of the State: (1) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State: (1) wages and benefits during the work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay for the single stool, it shall be paid in advance from the work-related injury insurance**.

The benefits of work-related injury insurance paid in advance from work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

Legal analysis: According to the law, the employee who has suffered a broken finger can receive medical expenses and expenses, food subsidies, transportation and lodging expenses, installation of assistive devices, living care expenses, disability allowance, one-time disability allowance, wages and benefits, and labor ability appraisal expenses. However, the specific amount of compensation can only be confirmed after the work-related injury is determined and the disability level is determined, and the one-time disability allowance and disability allowance will also change depending on the disability level.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

(2) Subsidies for in-hospital meals;

3) To pay room and board fees for medical treatment outside the overall planning area;

(4) The cost of installing and configuring assistive devices for the disabled;

(5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

(6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4;

(7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members shall be the first to quarrel;

(9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

(2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

(3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

The loss of one section of the finger is a grade 10 disability, and the following compensation can be obtained: transportation and accommodation expenses for selling potato segments to medical treatment outside the overall planning area; Medical expenses and expenses for work-related injuries; The one-time disability allowance is 7 months' salary; A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; Other.

Article 1179 of the Civil Code [Scope of Compensation for Personal Injury and Burning Damage] A person who infringes upon another person and causes personal injury shall be compensated for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If the death is caused, funeral expenses and death compensation shall also be compensated.