How to compensate for injuries caused by broken tendons and tendons on the inside of the right arm

Apply for work-related injury identification and labor ability appraisal, and claim work-related injury insurance benefits 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.

It is only after the results of the labor ability appraisal that I know that if there is no disability level, it is generally the medical expenses and the salary for the period of suspension of work.

<>1. How to compensate for work-related injuries caused by broken wrist tendons?

There is no specific regulation on how much compensation for work-related injuries caused by broken tesuji, but it is necessary to make a reasonable calculation through the final appraisal of the grade, as well as the number of years of work and the income of the worker, so that a reasonable compensation can be given. How much is the compensation for workers' compensation, it depends on the actual situation of the final injury;

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 **, ** period) shall be paid according to the original treatment of the difference;

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.If the employer fails to fulfill the above obligations, it can file a complaint with the local labor inspection brigade or directly apply for arbitration to the labor arbitration commission to protect its legitimate rights and interests2. Work-related injury compensation items

The compensation items for workers' compensation claims are as follows:

1. Compensation for general injury caused (disability not reached).

Medical expenses, food allowance for the injured during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses.

2. Compensation for disability.

Medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and lodging expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical allowance for work-related injuries, and one-time disability employment allowance.

3. Compensation for death.

Funeral grants, one-time ** grants, pensions for dependent relatives.

4. The whereabouts of the employee are unknown.

The compensation items for employees who are missing when they go out or in emergency rescue and disaster relief should be determined according to different circumstances. If the employee has not been declared dead, his immediate family members can receive the following compensation items: pension for dependent relatives and 50% of the one-time work-related death allowance (if there is difficulty in living); If an employee is declared dead, the compensation items that his immediate family members can receive are:

Funeral expenses, pensions for dependent relatives, and one-time work-related death allowances.

After the establishment of the labor relationship between the worker and the employer in China, the two parties need to sign a labor contract, and after the labor contract is signed, the employer must pay five social insurances and one housing fund for the workers in China in a timely manner, including work-related injury insurance, and at this time, it is also for the workers to have better relief when they encounter work-related injuries.

Legal Analysis: Since the death benefit occurs after the death of the deceased, it is not part of the estate. The law does not clearly stipulate the distribution of pensions, so if the deceased's employer has provisions on the recipients of pensions, they will be dealt with in accordance with the regulations; If there is no provision for the recipient of the benefit, it shall be a joint possession of close relatives.

1. Funeral subsidy.

Standard: 6 months of the average monthly salary of employees in the overall area in the previous year.

2. Pension for dependent relatives.

1) According to a certain proportion of the employee's own salary, it will be paid to the relatives who provided the main living ** and are unable to work during the death of the deceased employee.

2) 40 per month for spouses, 30 per month for other relatives, and 10 per month for each elderly or orphan on the basis of the above standards.

3) The sum of the approved pensions for each dependent relative shall not be higher than the wages of the employee who died on the job.

3. One-time work-related death allowance.

1) Standard: The average monthly wage of employees in the overall area for 48 months to 60 months in the previous year.

2) Requirements: Section.

1. The immediate family members of a disabled employee who dies due to work-related injuries during the period of suspension of work and salary shall enjoy the funeral allowance, pension for dependent relatives, and one-time work-related death subsidy as provided for in the first paragraph of this article.

Clause. 2. The immediate family members of disabled employees of the first to fourth grades who die after the expiration of the period of suspension of work with pay may enjoy the benefits of the funeral subsidy provided for in item (1) of the first paragraph of this article and the pension for dependent relatives provided for in item (2).

Legal basis: Article 37 of the Regulations on Work-related Injury Insurance, if an employee dies on the job, his immediate family members shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is lonely or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the labor and social security administrative department;

3) The standard of one-time work-related death allowance is 48 months to 60 months of the average monthly wage of employees in the overall area in the previous year. The specific standards shall be reported to the people of the provinces, autonomous regions and municipalities directly under the Central Government for the record according to the local economic and social development conditions.

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his immediate family members shall enjoy the benefits provided for in the first paragraph of this article.

Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his immediate family members may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

Legal analysis: This should be specifically analyzed whether it is a work-related injury or a general personal injury, if it is a work-related injury, you need to do a work-related injury appraisal, if it is a general personal injury, you need to do a disability appraisal, only after the identification results can the amount of compensation be calculated, and the calculation of the amount of compensation can only be calculated according to your age, occupation, salary income, household registration and other detailed information, legal basis:

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 11 Hu Yetiao If an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer bears the liability for compensation, it can seek compensation from a third party.

There were 6 ruptured tendons in the arm, which was not a minor injury and was a minor injury.

Criteria for the Identification of the Degree of Human Injury: Minor Injury.

a) A wound on a limb or a scar length or more; Two or more wounds or more than the cumulative length of the scar; The puncture wound is deep into the muscular layer.

b) Injuries to joints, tendons or ligaments of the limbs.

c) Bone contusion.

d) Fracture of the foot bone.

e) Loss of toenails and exposure of nail beds due to trauma; Nail bed hemorrhage.

f) Caudal vertebral dislocation.