How much can I accompany a broken calf injury at a green construction site

Employees suffer lower leg fractures caused by work-related injuries, because of different fracture bones and different fracture degrees, different first-class measures taken, different disability levels of assessment units, and different work-related injury insurance benefits. An application shall be made for the identification of work-related injuries and the appraisal of labor ability, and the work-related injury insurance benefits shall be claimed according to the appraisal conclusions.

The determination of work-related injury is an administrative confirmation by the social insurance administrative department in accordance with the authorization of the law whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury, and is a prerequisite for an employee to enjoy work-related injury insurance benefits after suffering an accident injury and to obtain relief through legal means in the event of a dispute.

Labor ability appraisal is the basis and prerequisite for the labor appraisal agency to comprehensively assess the degree of disability and loss of working ability of the injured employee according to the national appraisal standards and the methods and means of relevant policies and medical science and technology after the worker is injured due to work.

If a worker is injured in a work-related accident, he or she shall first apply to the Human Resources and Social Security Bureau for a work-related injury determination, and the employer shall apply within 30 days of the accident. Trade unions, injured workers, or their close relatives submit an application for recognition within one year. To apply for work-related injury determination, you shall fill in the "Application Form for Work-related Injury Determination" and submit:

Proof of employment relationship with the employer, medical diagnosis certificate, etc.

If there is a disability that affects the ability to work after the work-related injury is determined and the injury is relatively stable, an application shall be submitted 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). To apply for labor ability appraisal, the applicant shall fill in the Application Form for Labor Ability Appraisal and submit: the original and photocopy of the Decision on Determination of Work-related Injury; Valid diagnosis certificates, examination and test reports and other complete medical record materials copied or reproduced in accordance with the relevant regulations on medical record management of medical institutions; The original and photocopy of the worker's resident ID card or social security card and other valid identification documents; Other materials specified by the Labor Ability Appraisal Committee.

According to the appraisal conclusion, the work-related injury insurance benefits were asserted. Depending on the level of disability, the compensation received 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, hospital meal allowance, nursing expenses, disability allowance, etc.

If the employee does not have an employment contract or other evidence proving the existence of an employment relationship and is unable to apply for a determination of work-related injury, 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.

Do a work-related injury determination first, then a disability appraisal to see how well you recover Your top priority is to do a work-related injury determination first.

(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 and 11 months' salary for grade 8 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 injury.

If an injury at work is a work-related injury, apply for work-related injury recognition first, and then go to the relevant institution for disability assessment after recovery. As for the amount of compensation, the per capita living standard varies from place to place, so please refer to the following items to calculate it yourself.

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.

2. According to the Regulations on Work-related Injury Insurance, an employee must apply for a work-related injury determination within one year of the accident.

1. The worker needs to apply for the work-related injury identification at the work-related injury identification section first, and then apply for the labor ability appraisal at the labor ability appraisal department after the work-related injury identification certificate is issued, and then apply for labor arbitration as soon as possible according to the appraisal results.

2. The amount of work-related injury compensation can only be determined according to the following compensation items.

3. Compensation items for disability caused by work-related injuries: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability subsidy, disability allowance, one-time medical subsidy for work-related injury, one-time disability employment subsidy, etc.

Summary. Hello, I am a partner lawyer of the platform and have received your question.

If you have a broken lower leg due to a work-related injury, how much will you be paid?

Hello, I am a partner lawyer of the platform and have received your question.

Hello, I'm typing you here, please don't close the order soon, be patient. In addition, you can also explain more specifically during this period, and I can give you a better supplementary explanation.

After internal and external fixation, it should be assessed as Grade 9 disability; Those who have not undergone internal and external fixation should be assessed as grade 10 disability. In addition to the wages and benefits of work-related injury medical treatment and the period of suspension of work, the salary and benefits of the work-related injury period are 9 months' salary for grade 9 disability and 7 months' salary for grade 10 disability.

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.

Hello, are you satisfied with the answer I provided? If you have anything else you want to ask, you can say it, and I will try my best to answer it for you!

1. Your situation may involve disability, according to the disability assessment criteria: 1. Lower limb fracture, shortened deformity of more than 4cm, grade 9 disability; 2. Lower limb fracture with shortened deformity, grade 10 disability.

2. Disability assessment can be carried out at the nearest judicial appraisal center, and medical records and other materials can be brought with them.

3. According to the compensation standard, the disability compensation shall be calculated according to the date of your disability for 20 years, and the annual standard shall be reduced by one year for each additional year of age when you reach the age of 60, and the annual standards are: 1. Shenzhen; 2. Zhuhai 36375; 3. Shantou; 4. General area; 5. Rural areas.

4. In addition to the above compensation, you can also claim medical expenses, hospital meal subsidies, etc.

In addition to hospitalization expenses, it is generally compensated according to grade 10 disability, around 10,000, and if the salary is high, you can claim compensation according to 6-8 months' salary, but you must have proof of past salary.

Judgments should be made on the basis of the appraisal results of the appraisal body and in conjunction with the provisions of the law.

If the victim is disabled due to injury, he or she also needs to compensate for disability compensation, disability assistive devices, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Legal basis: Article 17 of the "Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" provides that if the victim suffers personal injury, the various stool expenses incurred due to medical treatment and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, shall be compensated by the person who compensates for the personal injury. 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 the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the compensation you can get is as follows.

1.Treatment (medical) expenses: medical invoices.

2.Hospitalization meal subsidy: 100 yuan a day for hospitalization.

3.Transportation expenses, accommodation and food expenses for medical treatment in other places: only available for medical treatment in other places, invoice 4 is requiredAssistive device fee: Written in the appraisal report.

5.Living care expenses: If it is written in the appraisal report that care is needed, only 6Disability compensation: 20 months of annual per capita disposable income of urban residents in the previous year, 10% for level 10, 20% for level 9, and so on.

7.Nutrition fee: voucher required.

8.Lost time pay: The lost time period in the appraisal report is multiplied by your daily wage9Moral damages: Not necessarily, depending on the level of disability.

10.Appraisal fee: Voucher required.

However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.