Workers compensation for total splenectomy in 2016

To appraise the level of disability as the standard to find a unit for compensation.

1. How many tens of thousands of compensation will be paid for splenectomy for work-related injuries.

1. Splenectomy is grade 7, and partial splenectomy is grade 8. Spleen removal is a serious work-related accident. If it has now been completed and the operation has been completed, the disability level should be evaluated, and then the specific amount of compensation can be known.

If the labor relationship is terminated, the one-time compensation for the three items of the 7th level disability is about 210,000 yuan.

2. Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China.

The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

a) **Medical expenses and **expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation, food and lodging 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 allowance and a monthly disability allowance for disabled employees of grades 1 to 4;

7) A one-time medical subsidy that shall 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.

2. How to compensate for grade 8 work-related injuries.

1. A one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance, and the standard is 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability

2. If the labor contract is terminated upon expiration or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Legal analysis: Under normal circumstances, if a party wants to prove that spleen removal is a level of disability, it depends on the cause of the accident. Spleen removal in traffic accidents is usually classified as a grade 8 disability and a grade 7 work-related injury.

However, this level of disability and work-related injury is not absolute. After the spleen is ruptured and removed, the function of the part will not be restored for life, and the effect on the body will be lifelong. The parties concerned may submit an application for labor ability appraisal to the labor ability appraisal committee at the districted city level to identify the specific level.

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 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.

**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 catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance 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 certificate issued by the medical institution, and the approval of the handling agency, the transportation, accommodation and accommodation expenses required for the injured employee to seek medical treatment outside the Tongsui Hongcuo area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people in the overall planning 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: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

Summary. Dear, now answer the <> for you

The compensation of 100,000 yuan for work-related injury splenectomy can be determined as a grade 7 disability, and the compensation should be calculated according to the employee's salary, relevant local policies and whether the employer is illegally employed. **If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance 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 products, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food food supervision and management department and other departments.

How many tens of thousands of compensation will be paid for splenectomy for work-related injuries.

Dear, now answer the <> for you

The compensation of 100,000 yuan for work-related injury splenectomy can be determined as a grade 7 disability, and the compensation shall be calculated according to the employee's salary, relevant local policies, and whether the employer is illegally employed. **If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance 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 products, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food supervision and management department and other departments.

Employees who are identified as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits: (1) pay a disability subsidy 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 or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a medical subsidy for work-related injuries and the employer shall pay a disability employment subsidy.

The standards for a medical subsidy for work-related injuries and a subsidy for employment with a disability shall be prescribed by the people of the provinces, autonomous regions, and municipalities directly under the Central Government.

It depends on the actual situation; Work-related injury splenectomy can be determined as a grade 7 disability, and generally about 100,000 yuan can be compensated, if the salary is high, the compensation is more, which should be calculated according to age, own salary, etc. If it is a Grade 7 disability, the party shall be compensated for other expenses such as medical expenses, hospital meal subsidies, transportation expenses, room and board expenses, assistive device expenses, and nursing expenses during the period of suspension of work, and the specific amount of compensation needs to be negotiated by both parties, or 13 months' wages can be directly compensated.

Legal analysis

The employer shall apply to the local social security bureau for a determination of work-related injury within 30 days from the date on which the employee suffers the accident injury. If the employer does not apply, the injured employee, his close relatives and the labor union may apply for recognition within one year from the date of the occurrence of the work-related accident. The disability level appraisal is carried out at the expiration of the medical treatment period for the work-related injury, but if the medical treatment period has not expired, but the condition of the injured employee is relatively stable, the disability grade appraisal can also be carried out.

Due to the nature of the disability, the state of health recovery, the actual situation of the unit and the individual, the medical treatment period determined for different individuals and different disabilities is different, so the best time for identification is also different. It is also necessary to make specific judgments based on the actual situation of the individual. If the labor contract is terminated upon the expiration of the labor contract or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injury and a disability employment subsidy, and the specific standards shall be specified by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and the specific compensation standards for workers with different disability levels are different in terms of receiving one-time disability subsidies.

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 national regulations: (1) medical expenses and expenses for work-related injuries; 2) Hospitalization meal subsidy;3) Transportation, food and lodging 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 allowance and a monthly disability allowance for disabled employees of grades 1 to 4;7) A one-time medical subsidy that shall 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.

Regulations on Work-related Injury Insurance》 Article 40 Disability allowances, pensions for dependent relatives, and living care expenses shall be adjusted by the social insurance administrative department of the coordinating area in a timely manner according to changes in the average wages and living expenses of employees. The adjustment measures shall be formulated by the people of provinces, autonomous regions, and municipalities directly under the Central Government.

Summary. Hello dear, happy to answer your <>

If the compensation for work-related injury splenectomy is 100,000 yuan, the work-related injury splenectomy can be determined as a grade 7 disability, and the compensation shall be calculated according to the employee's salary, relevant local policies, and whether the employer is illegally employed.

How many tens of thousands of compensation will be paid for splenectomy for work-related injuries.

Hello dear, happy to answer your <>

If the compensation for work-related injury splenectomy is 100,000 yuan, the work-related injury splenectomy can be determined as a grade 7 disability, and the compensation shall be calculated according to the employee's salary, relevant local policies, and whether the employer is illegally employed.

Legal Analysis: It depends on the actual situation; Work-related injury splenectomy can be determined as a grade 7 disability, and generally about 100,000 yuan can be compensated, if the salary is high, the compensation is more, which should be calculated according to age, own salary, etc.

Legal basis: Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as a Grade 7 to Grade 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.

These measures are formulated in accordance with the authorization of the first paragraph of Article 66 of the Regulations on Work-related Injury Insurance. For the purposes of these Measures, the term "illegal employment unit personnel" refers to employees who are injured by accidents or suffer from occupational diseases in units that do not have business licenses or have not been registered or filed in accordance with law, as well as employees who have been injured or suffer from occupational diseases in units that have had their business licenses revoked or whose registration or filing has been revoked in accordance with law, or who are disabled or killed by child labor in employers who are dormant in units. The units listed in the preceding paragraph shall, in accordance with the provisions of these Measures, give a one-time compensation to the close relatives of the disabled or deceased employees, or the close relatives of the disabled or deceased child workers.