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If a worker is injured on the lip, it can be identified as several levels of disability, which needs to be comprehensively assessed by the local labor ability appraisal committee according to the degree of injury and the location of the injury, and the final disability appraisal conclusion shall prevail.
1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);
3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.
4. If the employee does not have a labor contract or other evidence to prove the existence of an employment relationship and is unable to apply for a work-related injury determination, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
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The problem is not perfect, and it is only known through the medical certificate.
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Legal Analysis: Patients with cleft lip and palate have a grade 10 disability.
Level 10 Disability Compensation Standard:
1.?Lump sum disability benefit? 6 months, paid by the Social Security Institution. The compensation base is 2,551 yuan, and 15,306 yuan for 6 months.
2.If the labor contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor contract, shall the employer pay a one-time disability employment subsidy? 4 months 2551 yuan is 10204 yuan, ?
Lump sum medical benefits for work-related injuries? 1 month 2551 551 yuan. One-time disability subsidy of 15,306 yuan + one-time disability employment subsidy of 10,204 yuan + one-time medical subsidy for work-related injuries of 2,551 yuan is 28,061 yuan.
Legal basis: "Interpretation of the People's Republic of China on Compensation for Personal Injuries" Article 25: Disability compensation is calculated on the basis of the degree of the victim's loss of ability to work or the level of disability, and on the basis of the per capita disposable income of urban residents or per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, and is calculated for 20 years from the date of determination of disability. However, if the age is 60 years old or older, the age is reduced by 1 year for each additional year and the age is over 5 years, and it is calculated as 5 years.
Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.
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If there is no permanent loss of function, it is unlikely that you will reach the level, even if you can be rated, it is also level ten.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance Article 14 If an employee has any of the following circumstances, it shall be recognized as a work-related injury:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or injured due to work or unaccounted for in an accident while away for work;
6) Injured by a traffic accident for which he or she is not primarily responsible, or an accident involving an urban rail transit, passenger ferry, or train, while commuting to or from work;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. Liquid such as.
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Penetrating injuries to the mouth are several levels of injury, which cannot be determined on the basis of superficial subjectivity alone, and must be comprehensively assessed by the local labor ability appraisal committee according to the degree and location of the injury, so as to finally draw a disability appraisal conclusion. The victim needs to file an application, and the company shall apply to the Human Resources and Social Security Bureau for an injury determination, and the application must be made within one month after the accident injury, if the company does not apply, the victim or his relatives can submit an application for identification within one year.
Article 17 of the Interpretation of the Supreme People's Court of the People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 17: Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive device expenses, and the living expenses of the dependent Wu Hui, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the care and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
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