Should I ask my boss for compensation if I have a deep second degree burn and a scar from a work inj

I have taken a look at the "Regulations on Work-related Injury Insurance" and the "Measures for the Determination of Work-related Injuries", and I have a full set of measures for what to do. Just follow the instructions above. It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability.

If you want to terminate the labor relationship, then look at the "Implementation Measures of a Provincial Work-related Injury Insurance" where the employer is located, and the standards for one-time work-related injury medical subsidy and one-time disability employment subsidy must be relevant in this.

The identification of work-related injuries is the key, and only when work-related injuries are recognized can they enjoy work-related injury benefits.

The level of disability can be based on the diagnosis conclusion and make a preliminary judgment according to the "Labor Ability Appraisal - Classification of Disability Levels Caused by Work-related Injuries and Occupational Diseases of Employees", and finally the appraisal conclusion made by the appraisal agency recognized by the labor department shall prevail.

Of course, find your boss to compensate you for your work-related injuries!

Yes, first go to the hospital for a disability evaluation, and then collect evidence that you are indeed employed by the boss, such as employment contract, salary book, etc., and then you can apply for arbitration or go to litigation.

Apply for a Disability Appraisal Now Based on the results Claim Compensation Refer to the Work-related Injury Insurance Regulations.

Article 37 Where an employee is assessed as having a disability of Grade 7 to Grade 10 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 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.

1. Medical expenses.

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 list, 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 formulated by the labor and social security administrative department in conjunction with the health administrative department, the drug regulatory department and other departments.

2. The handling agency shall sign a service agreement with medical institutions and assistive device allocation institutions on the basis of equal consultation, and publish the list of medical institutions and assistive device configuration institutions that have signed service agreements. The specific measures shall be formulated by the administrative department of labor and social security in conjunction with the administrative department of health, the department of civil affairs and other departments.

3. The handling agency shall verify the use of medical expenses, expenses and auxiliary equipment expenses of injured employees in accordance with the agreement and relevant national catalogs and standards, and settle the expenses on time and in full.

4. There are prerequisites for the victim to receive compensation for medical expenses for work-related accidents, that is, except for emergencies, the injured workers shall seek medical treatment in the medical institutions that have signed the service agreement, and their various expenses shall conform to the list of diagnosis and treatment items of Qingchahe work-related injury insurance, the list of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance, and the victim can receive compensation for medical expenses after meeting the above conditions.

2. When compensating for expenses, if the party is not yet in good health and really needs to continue, the expenses that must be incurred are determined according to the medical certificate or appraisal conclusion, and the compensation can be compensated together with the medical expenses that have already been incurred for the necessary expenses, appropriate cosmetic surgery fees and other follow-up expenses for the recovery of organ function after the injury is fixed after the injury is fixed and the sequelae dysfunction is really needed again, or the necessary expenses for the recovery of organ function training that has not been recovered, the compensation fee may be sued separately after the actual occurrence. If the victim is in a **type hospital**, the issue of compensation for his medical expenses shall be dealt with differently:

1. The victim's ** injury and illness should generally be in an ordinary hospital**. If a person chooses a ** type hospital for treatment that is not necessary for ** injury or illness, the compensation for his medical expenses shall be calculated according to the charging standard of the same type of injury and illness in an ordinary hospital.

2. After receiving medical treatment in an ordinary hospital, if you are transferred to a hospital with the approval of the hospital, and it is necessary for the injury or illness, the medical expenses shall be calculated according to the hospital fee standard formulated by the state. If the condition of the injury is stable, but it is still necessary to continue to carry out **, symptomatic, etc.**, it can be in a medical institution or outpatient clinic below the county level after a certificate issued by a medical institution at or above the county level.

3. Food subsidy.

1. If it is really necessary for the victim to go to other places** and cannot be hospitalized due to objective reasons, a reasonable part of the accommodation and food expenses actually incurred by the victim and his escort shall be compensated.

2. In principle, the compensation period for the food subsidy is the period of hospitalization, that is, the food subsidy is calculated according to the period of the victim's hospitalization, and the number of days is multiplied by the daily standard of the general staff of the local state organ to obtain the specific food subsidy.

Legal analysis: As long as it is recognized as a work-related injury, the employee will enjoy the work-related injury treatment at an early stage. According to the description, it is not possible to directly determine whether there is a disability level, and the employee needs to apply for a labor ability appraisal to determine whether there is a disability level before calculating the work-related injury expenses.

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 allowance and allowance for meals;

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) 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 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 to pay for the 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 work-related injury;

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.

**After stabilization, apply for work-related injury identification, and then apply to the Labor Ability Appraisal Committee of the Human Resources and Social Security Bureau for disability appraisal.

Regulations on Work-related Injury Insurance.

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

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 unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

Article 19 After accepting an application for recognition of work-related injury, the social insurance administrative department may, according to the needs of the examination, conduct an investigation and verification of the accident injury, and the employer, employees, trade union organizations, medical institutions and relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases. The social insurance administrative department will no longer conduct investigation and verification of those who have obtained a certificate of diagnosis of an occupational disease or an appraisal of an occupational disease in accordance with the law.

If the employee or his close relatives believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.

Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.

Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.

There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.

Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.