-
It depends on the number of levels of disability, if it constitutes a grade 10 disability, it will cost 21 months' salary, and if it is a grade 9 disability, it will be 27 months' salary.
-
Hello! We're happy to answer for you! Generally about forty or fifty thousand.
Labor relations go to workers' compensation. A rib fracture is generally a grade 10 disability. Generally, it is about forty or fifty thousand, and the specific amount needs to be determined according to the final actual situation.
Work-related injury treatment: 1Application for work-related injury determination:
Human Resources and Social Security Bureau of the place of insurance (uninsured: the location of the employer) 2Apply for Labor Ability Appraisal:
Municipal Labor Ability Appraisal Committee. 3.The employer has paid work-related injury insurance and applied to the Human Resources and Social Security Bureau for work-related injury benefits paid by work-related injury insurance**; At the same time, the employer is required to pay the rest of the workers' compensation.
If the employer fails to pay, the employer shall pay in full. 4.If the employer refuses to pay, the employee may apply to the Labor Dispute Arbitration Commission for labor arbitration.
-
Legal analysis: According to the description, it should be a work-related injury, and the general work-related injury (not disabled): medical expenses, work-related injury wages, transportation and accommodation expenses, and living care expenses.
Disability caused by work-related injury: medical expenses, subsidies during hospitalization, living care expenses, work-related injury wages, transportation and accommodation expenses, assistive equipment expenses, disability allowance, one-time disability allowance, one-time medical subsidy for work-related injuries, and one-time disability employment subsidy.
Legal basis: Social Insurance Law of the People's Republic of China
Article 38 The following expenses incurred as a result of 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) Subsidies for in-hospital meals; (3) Transportation and lodging 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 subsidy and a monthly disability allowance for disabled employees 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 case of work-related death, the funeral allowance, pension for dependent relatives and 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 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.
Regulations on Work-related Injury Insurance》 Article 33 Where 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 an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
-
How to compensate for four broken ribs for work-related injuries should be judged according to the conclusion of the appraisal, because the ribs are broken due to work-related injuries, in this case, it can generally be identified as a 10-level disability level or a higher disability level, then the disability compensation is definitely different in this aspect, in addition to medical expense compensation.
1. How to compensate for four broken ribs for work-related injuries?
The compensation includes: medical expenses, hospital meal subsidies, transportation, room and board expenses, assistive device expenses, wages for the period of suspension of work, nursing expenses for the period of suspension of work, one-time disability allowance, termination of labor relations, one-time medical subsidy for work-related injuries and one-time employment subsidies for disability, and in the event of work-related death, including pensions for dependent relatives.
Work-related injury compensation standards, also known as work-related injury insurance treatment standards. It refers to the compensation items and standards that employees who are injured at work and the relatives of employees who have died at work shall enjoy in accordance with the law. If an employee of an employer suffers a work-related injury during the period when he has not participated in work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in the Regulations on Work-related Injury Insurance.
2. What is the disability appraisal standard for rib fractures?
If there is a rib fracture in the answer book, the disability appraisal shall be carried out, and the disability appraisal standard for rib fracture shall be used as a specific compensation matter.
Criteria for grade 10: fracture of more than 4 ribs or absence of more than 2 ribs;
Grade 9 criteria: Fracture of more than 8 ribs or absence of more than 4 ribs;
Grade 8 standard: fracture above 12 ribs.
A rib fracture is a recoverable injury and does not constitute a disability. However, if it causes complications, it can be claimed together. The injured person's injury in the traffic accident can not be determined to be disabled, the injured can claim from the responsible party for medical expenses, follow-up expenses, lost work expenses, nursing expenses, hospital meal subsidies, nutrition expenses, transportation expenses, of which medical expenses are subject to medical bills, follow-up expenses, lost work expenses, nursing expenses, nutrition expenses These four suggestions to the local judicial appraisal center to do an appraisal, the appraisal will be lost work period, the number of nurses and the duration of a scientific appraisal, With the appraisal, even if the responsible party does not pay money, the injured person can go to the court to sue, which is the basis for compensation.
In our real life, at present, our country has a very fixed standard for compensation items that belong to the specific work-related injuries, for example, medical expenses are subject to the invoices issued by medical institutions, and there are exact standards for related expenses such as the period of suspension of work with pay. However, in the case of disability compensation, it is necessary to determine the degree of disability.
-
If the party falls on the construction site and suffers four rib fractures, he or she can claim the following expenses: the employee is injured in an accident or suffers from an occupational disease due to work, and enjoys medical treatment for work-related injuries; The food subsidy for the hospitalization of the employee for the treatment of the work-related injury, as well as the transportation, accommodation and transportation expenses required for the work-related injury employee to seek medical treatment outside the Tongzhuo area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the overall planning area.
Article 30 of the Regulations on Work-related Injury Insurance 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 uninsured 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.
-
Legal analysis: Whether a fracture on a construction site can be compensated must first be determined as a work-related injury. The three basic elements of work-related injuries are "injured by an accident during working hours and in the workplace due to work-related reasons" as stipulated in Article 14 (1) of the Regulations on Work-related Injury Insurance, and also in accordance with the provisions of Article 3 of this article "Accidental injuries such as violence due to the performance of work duties during working hours and in the workplace".
However, whether it can be recognized as a work-related injury in the end needs to be determined by the conclusion of the work-related injury determination agency. If a work-related injury is recognized, the social security institution will pay according to the work-related injury recognition standard, and if it is to purchase work-related injury insurance, the employer shall bear it.
Legal basis: "Regulations on Work-related Injury Insurance" Article 37 Employees who are 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 work-related injury medical subsidies and one-time disability employment subsidies shall be stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government.
In line with the provisions of the national standard "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014 "Level 10" and "12) Those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body" shall be assessed as Grade 10 disability. >>>More
It can be combined with the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014, the disability level of the six ribs is about 9, and the specific results depend on the appraisal conclusion of the expert group of the Labor Ability Appraisal Committee; >>>More
Go to the law firm and ask for a satisfactory answer.
The ribs and sternum of the human body are the framework of the entire thoracic cavity, with a total of 12 pairs of ribs, symmetrical left and right, the posterior end is related to the thoracic vertebrae, and the anterior end is only connected to the sternum by cartilage from the 1st to the 7th rib, which is called the true rib; The 8th-12th ribs are called false ribs, in which the 8th-10th ribs are connected with the cartilage of the previous rib by the costal cartilage to form the rib arch, and the front end of the first rib is free, also known as the floating rib. Hope mine can help you, thanks.
Labor ability appraisal - the level of disability caused by work-related injuries and occupational diseases of employees. >>>More