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According to the "Labor Ability Appraisal - Classification of Disability Levels Caused by Work-related Injuries and Occupational Diseases of Employees", the disability level appraisal will be carried out by an institution recognized by the labor department, if you need it, I can send it to you for reference, but you have to give me an email address. or QQ.
The only correct way to obtain compensation is to go through the following procedures in accordance with the requirements set out in the Regulations on Work-related Injury Insurance:
1. Identification of work-related injuries;
2. Disability identification;
3. Obtain corresponding compensation according to the disability appraisal.
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Hello, to the problem you described, the lawyer replied as follows:
First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.
Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.
Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.
Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!
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The method of compensation is as follows:
After suffering a work-related injury, it is necessary to compensate the work-related injury insurance** and the employer, and the work-related injury insurance** pays** the medical expenses, expenses, hospital meal subsidies, etc. The employer shall pay the wages and benefits during the work-related injury period, and the monthly disability allowance received by the disabled employees of grade 5 and grade 6.
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If 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 with pay, 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 the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, the living care expenses shall be paid on a monthly basis from the work-related injury insurance**.
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Go to the Pension Work-related Injury Department to fill in the application work-related injury identification form for identification.
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To create, to struggle.
There are also people who live in the times say: The past is a good era. Gao Xiaosong wrote in the book "Xiao Shuo" in a special article "Return to the Eighty Times".
So if you look at the people who grew up in that era (referring to the 70s and 80s), whether they were business tycoons or anything else, they still had ambitions in their hearts. At the end of the article, he sighed: "But I am convinced that there will be an era of masters, and there will be a group of masters who will stand up and pick up worship and ambition from scratch - all these perfect words will sweep away ordinary values such as "just to buy a house and live for life", and let mankind move forward again."
Therefore, what is happening in this era is actually the lack of worship and ambition, all revolving around material desires, and forgetting and abandoning tribulations, so that no longer experiencing any wind and rain. If you don't want to force a preach, let the article stop there abruptly, and recommend us to see this powerful book. Finally, let's quote a passage from Shaoping's letter to his sister:
To do this, we must first be self-reliant and heroically respond to the world with which we are not familiar. Don't be afraid of tribulation! If you can understand the tribulation in depth, the tribulation will bring a sense of sublimity, as one great person said
Isn't it a matter of patience in vain? It should make us huge!
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It is necessary to go to the labor bureau to identify the work-related injury, and if there is a level, the compensation is about 10,000 or more.
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Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance 10.
3. The benefits paid by the work-related injury insurance** shall be paid in accordance with the relevant provisions of the "Regulations", and the method of changing long-term benefits to one-time payment shall not be adopted.
Ten. 4. When verifying the work-related injury insurance benefits of work-related injured employees, if the relevant data of the previous year have not yet been published, they may be temporarily verified and calculated according to the per capita disposable income of urban residents in the previous year and the average monthly wage of employees in the overall planning area, and then re-verified after the relevant data are published, and the social insurance agency or employer shall make up the difference.
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According to the regulations, as long as the employer is injured at work, the employer can carry out the work-related injury determination in accordance with the regulations, and then receive the work-related injury compensation in accordance with the law. Therefore, before claiming work-related injury compensation, it is necessary to make a work-related injury determination first. According to the regulations, after a work-related accident, it is necessary to apply for a work-related injury determination within the following time:
1. Application by the employer. The employer shall, within 30 days from the date of occurrence of the accident injury, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area.
2. The employer fails to apply on time. If the employer fails to submit an application for work-related injury recognition to the relevant departments on time, the injured employee, his/her close relatives or trade union organizations may, within one year from the date of occurrence of the accident injury, directly submit an application for work-related injury determination to the social insurance administrative department of the coordinating area where the employer is located.
If the time limit for determining work-related injuries has passed, the employee may take the following measures to protect his or her rights and interests:
1. If the social insurance administrative department no longer accepts the application for work-related injury recognition because the time limit for work-related injury recognition has passed, the employee may apply to the local labor arbitration institution for labor arbitration and claim that the employer bears the liability for work-related injury compensation.
2. If the arbitration institution refuses to accept the arbitration or is not satisfied with the arbitration result, it may file a lawsuit with the relevant people's court to require the employer to bear the liability for damages.
Of course, if the work-related injury determination is made within the specified time, whether the work-related injury compensation can be paid in a lump sum depends on the specific situation
1. If you are recognized as having a first-level to fourth-grade disability, you can pay off the disability allowance in a lump sum, but the disability allowance shall be paid by the work-related injury social security ** on a monthly basis, and it is not allowed to be paid in a lump sum.
2. If the employee is identified as having a disability of grade 5 to 10, the disability subsidy can be paid in a lump sum, and at the same time, on the premise that the disabled employee agrees to terminate the labor relationship, the work-related injury insurance** can pay the work-related injury medical subsidy in a lump sum, and the employer can pay the disability employment subsidy in a lump sum.
Of course, after the work-related injury determination is made in accordance with the regulations, because some employers do not purchase social insurance in accordance with the law, the employee will not be able to enjoy the work-related injury compensation. Therefore, if the rights and interests of the injured employee are damaged, he or she can claim compensation from the employer, and if the other party refuses, he or she may adopt labor dispute resolution when necessary.
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Workers' compensation can be paid in a lump sum.
Work-related injury compensation includes: medical expenses, wages during the period of suspension of work, hospital meal allowance, nursing expenses, transportation expenses, accommodation expenses, one-time disability allowance, and one-time employment allowance and one-time medical allowance if the labor relationship is terminated. The specific amount shall be determined in combination with the salary of the person and the average monthly salary of the employee in the province in the previous year.
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It's a few levels, and there is no such level as 1 or 4.
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Your condition constitutes a Level 5 disability.
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Your question relates to the "Work-related Injury Level Appraisal Standards", please refer to the encyclopedia.
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If you are not qualified for the original job, you should be assigned another job, if you are still incompetent, the employer needs to give you a lump sum compensation at the same time as the termination of the contract. You can apply to the labor arbitration department for labor arbitration.
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