Comminuted fracture of the phalanx of the left hand at work

1.First of all, it is necessary to apply to the local labor department for work-related injury identification, which is very critical and the premise of all problems, if you do not apply for work-related injury identification, everything is in vain, if the unit does not apply, the individual employee must apply within one year from the date of injury;

2.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages during the period of suspension of work (work-related injury ** and ** period) shall be paid according to the original treatment;

3.After the injury is stabilized, you can apply for a labor ability appraisal to determine the level of work-related injury, and then claim disability compensation from the employer according to the level of disability;

4.According to the injuries you mentioned, combined with the "Appraisal Standards for the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees", the disability level is about 10, and the specific results depend on the appraisal conclusions of the expert group of the Labor Ability Appraisal Committee;

5.Work-related injury compensation: (1) If you continue to work in the unit and do not resign, you will enjoy a one-time disability subsidy according to the "Regulations on Work-related Injury Insurance", and the 10-level work-related injury will be 7 months' salary.

2) If you choose to quit your job, you can enjoy a one-time medical subsidy for work-related injuries and a one-time disability employment subsidy in addition to a one-time disability allowance. The specific amount is set by your local area, and the amount of compensation varies depending on the region, you can call 12333 to consult your local labor department.

6.If the employer does not fulfill the above obligations, you can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration to protect your legitimate rights and interests.

You shouldn't have done a labor capacity appraisal yet, and according to what you said, you should be able to classify, so the compensation is definitely more than just three months. And there is never a basic salary for workers' compensation, and the average salary that should be compensated, that is, the average salary in the 12 months before the injury, you can calculate.

Legal Analysis: Comminuted fractures of work-related injuries are usually compensated according to the compensation standard of level 9 or 10, and the specific compensation level standard will be determined according to the recovery of the injured worker. Your employer will reimburse you for medical expenses, and your hospital meal allowance will allow you to pay for your work-related injury insurance** at local standards.

If the injured worker needs to be cared for, and the employer does not arrange for the care, the nursing fee shall be paid according to the local standard.

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 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 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.

If an employee's ring finger is fractured due to a work-related injury, it can be assessed as a grade 10 disability if it meets the requirements of the national standard "Disability Rating of Work-related Injuries and Occupational Diseases of Employees" GBT "5 10 Grade 10" and "12) Persons with no dysfunction or mild dysfunction after the healing of fractures in various parts of the body". According to Articles 30, 33, 37, 62 and 64 of the Regulations on Work-related Injury Insurance, employees who are injured at work and are identified as having a Grade 10 disability shall enjoy the following benefits:

1. If the expenses required for work-related injury 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, they shall be paid from work-related injury insurance**;

2. The work-related injury insurance** shall pay the hospital meal subsidy according to the standards stipulated by the province or city;

3. Confirmed by the Labor Ability Appraisal Committee, the cost of installing medical equipment shall be paid by the work-related injury insurance** according to the prescribed standard;

4. If the employee suspends work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension and salary, and shall be paid by the unit on a monthly basis;

5. The employer is responsible for the nursing care during the period of hospitalization when you are unable to take care of yourself;

6. Pay a one-time disability subsidy from work-related injury insurance** for 7 months' salary;

7. The labor ability appraisal fee shall be paid by the work-related injury insurance**;

8. If the labor is terminated or terminated, a one-time medical subsidy for work-related injuries shall be paid by the work-related injury insurance** and a one-time employment subsidy for disability shall be paid by the employer in accordance with the standards stipulated by the province, municipality directly under the Central Government and autonomous region. If the employer does not participate in work-related injury insurance, the employer shall pay all expenses. Personal wages refer to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases at work.

Article 37 of the Regulations on Work-related Injury Insurance Article 37 An employee who is identified as having a disability of grade 7 to 10 due to work-related disability 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: 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 one-time medical subsidy for work-related injuries, 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. The National Standard of the People's Republic of China "Labor Ability Appraisal Employee Disability Grade of Work-related Injury and Occupational Disease" GBT5 10 10 10 1 Grading Principle Partial organ defect, abnormal morphology, no functional impairment, no medical dependence or general medical dependence, no self-care disorder.

5 10 2 10 Clause Series All those who meet 5 10 1 or one of the following provisions are Grade 10 work-related injuries.

Legal analysis: It means that the fracture can be identified as at least 10 or above disability, that is, in addition to the medical expenses payable for lost work, you can get at least 7 months' salary disability allowance. After the disability assessment results come out, you can go to the social security department to receive a one-time disability subsidy.

If the employer fails to pay the work-related injury insurance for you, you can ask the employer for a one-time disability allowance.

Legal basis: "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 34 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 the work-related injury insurance, and the standard is:

16 months' salary for Grade 5 disability and 14 months' salary for Grade 6 disability; 2. Retain the labor relationship with the employer, and the employer shall arrange the appropriate section of Qingzhen to be concealed. 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. At the request of the injured employee, the employee may terminate or terminate the employment relationship with the employer, and the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy.

Legal analysis: After the occurrence of a work-related injury, it is first necessary to apply for the identification of the disability, and then the injury level is divided according to the national standards, and the application for compensation can be carried out after the trial. Fracture is the most common injury in work-related injuries, and the disability assessment is different depending on the degree of fracture, and the compensation is also different.

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 the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning 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 confirmed by the Labor Ability Appraisal Committee for living care expenses;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

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 period of work-related injuries in the state air;

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.

Article 41 If an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.