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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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It is recommended to apply for a work-related injury determination first, and then determine the work-related injury level, and if the employer does not compensate, you can apply for labor arbitration.
The Regulations on Work-related Injury Insurance stipulate that employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy 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.
Generally, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses will be compensated. There will also be a one-time worker's compensation and a one-time medical employment subsidy, both of which vary depending on the province and region.
During the period of leave without pay, the company must pay wages in full without deduction, and not more than 12 months' wages, which can only be determined after the work-related injury is identified.
If you don't understand, you can consult.
Zongheng Legal Network-Ningxia Yancheng Law Firm-Bao Wenjing Lawyer.
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According to the relevant laws and regulations of China, if it is indeed a work-related injury, it should apply for work-related injury recognition and conduct disability level appraisal, and only when such conditions are met, can the specific compensation amount be calculated. And there is a special agency responsible for the identification of disability levels.
Zongheng Legal Network-Beijing Dacheng (Yinchuan) Law Firm-Ma Xiaoming.
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According to the work-related injury appraisal standard, it is not rated in grade 10.
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1.According to the appraisal rules, grade 9 2 items "except for the hallux. 2.Compensation: 1) A one-time disability allowance is paid according to the level of disability from the work-related injury insurance**, and the standard is:
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Legal analysis: A broken foot is a seventh-level disability.
Legal basis: Article 10 of the Regulations on Work-related Injury Insurance The employer shall pay the work-related injury insurance premiums on time. Individual employees do not pay work-related injury insurance premiums.
The amount of Changsong work-related injury insurance premiums paid by the employer is the product of the total wages of the employees of the employer multiplied by the payment rate of the unit.
For industries that are difficult to pay work-related injury insurance premiums according to the total salary, the specific way of paying work-related injury insurance premiums shall be prescribed by the social insurance administrative department.
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If the four toes are broken due to a work-related injury, what level of work-related injury should it be, and how should it be compensated? 1. Level 7 according to the identification standards of the procedures for disability caused by work-related injuries and occupational diseases of employees: 1 5 toes of one foot are missing or one foot except for the big toe, the other four toes are scarred and deformed, and the function is completely lost, can be rated as the seventh level of disability.
2. Article 37 of the Regulations on Compensation for Work-related Injury Insurance 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 from the work-related injury insurance according to the level of disability, 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 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 districts and municipalities directly under the Central Government. Does this explain the interpretation of the Lesen faction?
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Legal Analysis: A broken toe is a seventh-degree disability.
Legal basis: Article 10 of the Regulations on Work-related Injury Insurance The employer shall pay the work-related injury insurance premiums on time. Individual employees do not pay work-related injury insurance premiums.
The amount of work-related injury insurance premiums paid by an employer is the product of the total wages of its employees multiplied by the employer's contribution rate.
For industries that are difficult to pay work-related injury insurance fees according to the total salary, the specific way to pay work-related injury insurance premiums shall be prescribed by the social insurance administrative department.
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The key is to see which two fingers, the criteria are as follows: Grade 8: 16) In addition to the thumb and index finger, there are two proximal interphalangeal joints in one hand; 17) In addition to the thumb and index finger, there are two deficits in one hand, which quietly refers to the non-functioning of the proximal interphalangeal joint; Level 9:
16) 1 2 missing part of the distal part of the thumb; 17) 2 3 segments of the index finger of one hand are missing; 18) loss of function of the interphalangeal joints of the thumb; Grade 10: 6) disconnection or loss of function of the distal interphalangeal joint of any finger except the thumb;
Labor Ability Appraisal Employee Disability Grade of Work-related Injury and Occupational Disease GB-T 16180-2014》 According to the general situation, the big toe fracture is grade 10 "no functional impairment after the fracture of all parts of the body heals", and a one-time disability subsidy can be paid according to the disability level from the work-related injury insurance**, and the grade 10 disability is 6 months' salary. There are 10 levels of work-related injury rating standards, of which those who meet the standards level 1 to 4 are total incapacitated, grade 5 to 6 are mostly incapacitated, and level 7 to 10 are partial loss of mobility.
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According to the "Regulations on Work-related Injury Insurance", the work-related injury insurance benefits include the following situations: the compensation items for general injuries caused by work-related injuries (not reaching disability) mainly include medical expenses, food subsidies during the hospitalization of the injured, living care expenses, wages during the work-related injury, transportation, accommodation and transportation expenses; The compensation items for disability mainly include 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, and one-time disability employment subsidy; The compensation items for death mainly include funeral allowances, one-time subsidies, and pensions for dependent relatives.
Therefore, if an employee is injured on the job, he or she should apply for a work-related injury determination and disability appraisal, and claim compensation based on the appraisal results. According to the current Regulations on Work-related Injury Insurance, from the occurrence of work-related injuries to the receipt of work-related injury insurance benefits, workers generally have to go through three stages: applying for work-related injury identification, labor ability appraisal and work-related injury insurance benefit claim.
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A broken toe is considered a seventh-grade work-related injury.
Disability level of work-related injury and occupational disease of employees in labor ability appraisal》 Level 8 Grading Principles Partial organ defects, abnormal morphology, mild functional impairment, general medical dependence, and no self-care disorders. Principle of Grading Filial Piety Partial organ defects, abnormal morphology, mild dysfunction, no medical dependence or general medical dependence, no self-care disorder. Grading Principle Partial organ defect, abnormal morphology, no functional impairment, no medical dependence or general medical dependence, no self-care disorder.
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What level of disability is a little finger amputation? How should I be compensated for a work-related injury? This is considered a grade 9 work-related injury, and a one-time disability subsidy of nine months' salary is compensated, and a one-time disability employment subsidy is compensated according to local standards when the labor contract is terminated.
Legal basis: "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 from the work-related injury insurance** according to the level of disability, 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. "Labor Ability Appraisal - Classification of Disability Caused by Work-related Injuries and Occupational Diseases of Employees (GB T 16180-2006)" Level 9 Disability 1) Mild epilepsy; 2) toxic peripheral neuropathy, mild sensory impairment; 3) no functional impairment in cerebral contusion; 4) Patients without dysfunction after craniotomy; Brother Chenhe 5) no dysfunction of intracranial foreign body; 6) Common cervical and internal carotid artery stenosis caused by neck trauma, and there is no dysfunction after stent placement or vascular bypass surgery; 7) Those who meet two of the criteria for moderate disfigurement or are mildly disfigured; 8) Cicatricial baldness at the hairline margin or baldness at other parts, and those who need to wear wigs; 9) Neck scar deformity, which does not affect activities; 10) Whole body scarring accounts for 5% of body surface area; 11) There are 8 cm2 or more than three scars of 1 cm2 on the face; 12) Low back pain after two or more transverse process fractures; 13) Three-level spinal fixation; 14) The height of the leading edge of the spine compression is 2mm or the dislocation and deformation affects the appearance; 27) Corrected vision with one eye, corrected vision with the other eye"; 28) Binocular corrected visual acuity is equal to; 29) Tear organ injury, surgery can not improve the tear discharge; 30) Hearing loss of 31db in both ears or 71db in one ear; 31) Poor vocalization and speech; 32) chromium rhinosis with medical dependence; 33) Alveolar bone damage length: 4cm, 4 or more teeth lost; 34) Is it easy to understand the interpretation of patients with upper and lower mandible fractures and no dysfunction after traction and fixation?
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