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Hello: 1. Whether you can spell the disability level, you can refer to the "Labor Ability Appraisal - Classification of Disability Levels Caused by Work-related Injuries and Occupational Diseases of Employees". Of course, the actual labor ability appraisal conclusion shall prevail.
2. If you are rated as a level 10 disability, due to the different compensation standards in different places, you can't give a unified answer, where are you?
3. During the period of suspension of work and salary, the employer should pay you according to the standard of the original working period, and cannot simply give 50% of the work.
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Identification is required to determine the grade.
If the labor relationship can be determined, you should apply for work-related injury identification and labor ability appraisal as soon as possible, and then apply for labor arbitration as soon as possible according to the appraisal results, and request the employer to compensate for work-related injuries as soon as possible, because the statute of limitations is only 1 year, and the law does not support it if the statute of limitations is exceeded.
Compensation items for disability caused by work-related injuries: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc.
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After discharge, if the hospital is still issuing injury and sick leave slips, full wages should be paid. Please refer to Article 33 of the Regulations on Work-related Injury Insurance.
I have taken a look at the "Regulations on Work-related Injury Insurance" and the "Measures for the Determination of Work-related Injuries", and I have a full set of measures for what to do. Just follow the instructions above. It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability.
If you want to terminate the employment relationship, then look at the "Provincial Work-related Injury Insurance Regulations" of the province where the employer is located, and the standards for one-time work-related injury medical subsidy and one-time disability employment subsidy must be relevant in this.
The identification of work-related injuries is the key, and only when work-related injuries are recognized can they enjoy work-related injury benefits.
The level of disability can be based on the diagnosis conclusion and make a preliminary judgment according to the "Labor Ability Appraisal - Classification of Disability Levels Caused by Work-related Injuries and Occupational Diseases of Employees", and finally the appraisal conclusion made by the appraisal agency recognized by the labor department shall prevail.
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Legal analysis: Although the work-related injury does not reach the disability level, it can still enjoy the medical treatment of the work-related injury: (1) **Expenses required for work-related injury:
Those who meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug catalog, and work-related injury insurance hospitalization service standards shall be paid from work-related injury insurance**. (2) Food subsidy for hospitalization** work-related injury, transportation, accommodation and food expenses required for medical treatment in other places: paid from work-related injury insurance**.
3) Wages and benefits: During the period of suspension of work and salary, the original wages and benefits remain unchanged and are paid by the unit on a monthly basis. The period of leave without pay is generally not more than 12 months.
4) Nursing expenses: 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 employer shall be responsible for it.
Legal basis: Regulations on Work-related Injury Insurance
Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall be entitled to 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 work-related injury insurance diagnosis and treatment items are subject to the provisions of 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 33 Where an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, 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 ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of 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.
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