Can I apply for nursing care if I am unable to walk with a prosthesis due to a serious work related

It depends on what type of job you are civil servants and career editors. Workers are different, civil servants can file lawsuits, but business editors and workers have no other complaints as long as they get double the insurance rebates.

The law on prosthetic limb compensation for grade 5 work-related injury disability refers to the provisions of the Supreme People's Court's judicial interpretation on personal injury compensation, requiring the prosthetic appraisal agency to issue an opinion explaining the prosthesis and the replacement cycle, and at the same time comprehensively calculating it with reference to the local average life expectancy.

Legal basis: Article 36 of the Regulations of the People's Republic of China on Work-related Injury Insurance Article 36 If an employee is identified as a grade 5 or 6 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: 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.

According to the Regulations on Work-related Injury Insurance, work-related injuries can be fitted with prostheses, orthoses, prosthetic eyes, dentures, wheelchairs and other assistive devices due to the needs of daily life or employment, confirmed by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance ** in accordance with the standards stipulated by the state. Therefore, the cost of your friend's prosthetic limb should be borne by the unit, but it can not exceed the provisions of the law on the cost of prosthetics, at present there is no unified provision in our country, only local legislation has provisions, taking Tianjin as an example, from January 1, 2004, the injured workers need to configure and replace prostheses, artificial eyes, dentures and other assistive devices, to the designated configuration agency and configure within the specified standards. If the injured employee requests to configure assistive devices beyond the standard, the handling agency will not settle the part that exceeds the limit.

The allocation agency of work-related injury assistive devices shall be selected by the municipal labor and social security administrative department, and the social insurance agency shall sign a service agreement with the selected allocation agency. The municipal labor and social security administrative department is responsible for formulating and timely adjusting the standards for the allocation of assistive devices according to the affordability of work-related injury insurance. After the injured employee's injury is relatively stable, he or she shall submit an application for the allocation of assistive devices according to his or her own disability status, and provide the diagnosis certificate and relevant medical records of the medical institution that has signed the service agreement, and fill in the Application Form for the Allocation of Assistive Devices for the Work-related Injured Employee.

Confirmation will be made by the Municipal Labor Ability Appraisal Committee. The employer shall, in accordance with the items of assistive devices confirmed by the Labor Ability Appraisal Committee, go to the work-related injury assistive devices allocation agency that has signed the service agreement to handle the allocation of assistive devices for the injured employees with the settlement certificate issued by the handling agency. The transportation expenses and accommodation expenses incurred during the installation of assistive devices shall be paid by the employer according to the standard of the employee's business trip.

If the employer participates in the overall planning of work-related injury insurance, the cost of the assistive device shall be directly settled by the social insurance agency; If the employer does not participate in the work-related injury insurance pool, the employer shall pay the expenses. If the assistive devices allocated by the injured workers are damaged due to normal use within the specified service life, the assistive devices allocation agency shall be responsible for repairing and replacing them. If the assistive device needs to be replaced beyond its service life, the employer shall go through the replacement procedures in accordance with relevant regulations.

Tianjin Municipal Work-related Injury Workers Allocation Assistive Devices Project and Payment Fee Limit Project and Payment Fee Limit.

Part Item Fee Limit Service Life.

Hip amputation prosthesis 11000 domestic) 3

18000 imports) 6

Thigh prosthesis 7000 domestic) 3

12000 imports) 6

Calf prosthesis 6500 domestic) 3

10000 imports) 6

Halffoot 2000 3

Shoulder Break 7000 Beauty Type) 4

Upper arm 3200 4

Forearm 3000 4

Wheelchair 750 5

Crutches 200 10

1. The cost of installing prosthetic limbs for work-related injuries belongs to the cost of configuring assistive devices for work-related injuries, and it is recommended to do a labor ability appraisal first, and apply for payment according to the cost of the labor ability appraisal report, which is basically paid by the work-related injury insurance;

2. The one-time subsidy is divided into three one-time subsidies, namely, one-time disability subsidy, one-time medical subsidy for work-related injuries and one-time disability employment subsidy; For those who apply for labor ability appraisal, the compensation standard shall be determined according to the level of work-related injury, of which the one-time disability subsidy and one-time work-related injury medical subsidy shall be paid by the work-related injury insurance, and the one-time disability employment subsidy shall be paid by the employer;

3. The legal basis is the Regulations on Work-related Injury Insurance

Article 32 Due to the needs of daily life or employment, an injured worker may be fitted with prostheses, orthoses, prosthetic eyes, dentures, wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance in accordance with the standards prescribed by the state.

Social Insurance Act

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) Hospitalization meal subsidy;

3) To pay the cost of food and lodging for medical treatment outside the co-ordination area;

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

5) Those who are unable to take care of themselves shall be paid for the care of their own lives confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability subsidy and a disability allowance for disabled employees of grades 1 to 4 according to the month of change;

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

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the 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.

The Labor Ability Appraisal Committee shall make a confirmation conclusion within 60 days from the date of acceptance of the application for the fitting of a prosthesis by an injured employee, and may extend the period of 30 days if the injury is complex and involves a large number of medical specialties.

The Ministry of Human Resources and Social Security, the Ministry of Civil Affairs, and the Health and Family Planning Commission "Administrative Measures for the Allocation of Assistive Devices for Work-related Injury Insurance".

Article 8 After receiving the application for confirmation of the allocation of assistive devices, the Labor Ability Appraisal Committee shall review it in a timely manner; If the materials are incomplete, the applicant shall be notified in writing of all the materials that need to be supplemented and corrected at one time within 5 working days from the date of receipt of the application; If the materials are complete, a confirmation conclusion shall be made within 60 days of receiving the application. Where the injury is complex and involves a large number of medical and health professions, the time limit for making a confirmation conclusion may be extended by 30 days.