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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. If the disability level is not enough, as long as the work-related injury is determined, the treatment unrelated to the disability level in Chapter 5 of the Regulations on Work-related Injury Insurance can be enjoyed.
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.
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Did you hurt your bones? If you don't hurt the bones, you said this situation, combined with the "Employee Work-related Injury and Occupational Disease Disability Appraisal Standards", it is generally difficult to reach the disability level, of course, I said it does not count, the specific results depend on the appraisal conclusion of the expert group of the Labor Ability Appraisal Committee, I just help you estimate it based on experience, if you don't understand, you can call 12333 to consult your local labor department!
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You have to see the details to judge, and from your current materials, there are up to ten levels.
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Legal analysis: subject to the appraisal of the Labor Ability Appraisal Committee. In general, a skull defect is a grade 10 disability. There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.
Legal basis: "Brief Examples of Work-related Injury Insurance" Article 37 If an employee is identified as having a disability of grade 7 to 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' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages 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 splitting 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's governments of provinces, autonomous regions and municipalities directly under the Central Government.
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Summary. The following are the general judgment criteria for your reference: If you are during working hours, because of the performance of work duties and cause your nails to fall off, then you may be identified as a work-related injury and enjoy the corresponding work-related injury treatment, the specific level needs to be determined according to the degree of injury and disability assessed by the doctor, and may belong to the work-related injury level of secondary or above.
If it is outside of working hours or if the work is not related to it, it is not a work-related injury.
The following are the general judgment standards for your reference: If you are during working hours, because of the performance of work duties and cause nails to fall, then you may be identified as a work-related injury, enjoy the corresponding worker injury treatment, the specific level of socks to be determined according to the doctor's assessment of the degree of injury and disability, may belong to the minor injury level of the second or above work-related injury. If it is outside of working hours or if it is not related to it, it is not a work-related injury.
It is recommended that you consult the employee social security insurance institution of your enterprise or the work-related injury identification department of the hospital for relevant policies in a timely manner.
It was at work when the machine was smashed.
If you are at work and your thumb nails fall off due to a machine injury, your injury may be considered a work-related injury. Based on the following grounds, according to China's Regulations on Work-related Injury Insurance, you can apply to your company or factory for a work-related injury determination, and an accredited hospital will assess your injury and determine the level of work-related injury. In general, injuries caused by falling thumb nails may be considered as work-related injuries of the second degree or above.
At the same time, you can contact the labor union or labor and social security department to learn about the relevant work-related injury treatment policies and protect your rights and interests.
Dear, is there anything unclear? If you have any questions, you can consult me directly. I'll give you a patient answer.
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Summary. You may claim to continue working or pay compensation for unlawful termination.
Hello, I am Mr. Wang Ninggang, a cooperative lawyer of Legalis, and I am happy to serve you.
The left thumb nail is covered and the finger belly is a little fractured, which is a few levels of work-related injuries and how to compensate.
Hello. It is generally possible to constitute a level of ten.
The compensation is between eight and one hundred thousand.
Subject to appraisal.
I have a one-year contract in the factory, how much can I get in unemployment benefits?
Two months. During this work-related injury, there was a 3-year contract renewal, how to calculate this.
Are you leaving?
The problem is that as long as the work-related injury appraisal is done in our factory, the compensation is completed, and we can leave. I don't let you do it again.
That is an illegal termination of the employment contract.
You may claim to continue working or pay compensation for unlawful termination.
Do you have any other questions?
What should I do if the compensation is not paid, and how is the compensation calculated?
Two months' salary.
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Specific levels need to be combined.
Restore the actual situation.
It is determined according to the "Identification Standards for Human Injury Procedures".
Article 20 of the Judicial Interpretation on Compensation for Personal Injuries Article 5 Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's inability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. 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.
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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The left thumb is broken from the nail.
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It should be recognized as a work-related injury, but it may not be sufficient for the level of disability.
If the injury on the thumb is injured at work, it shall be deemed to be a work-related injury if it meets the requirements of Article 14(1) of the Regulations on Work-related Injury Insurance, which stipulates that "if the person is injured in an accident due to work-related reasons during working hours and in the workplace".
Thumb nail cover is missing and stitches are missing, but not missing and skin grafted, which may not be enough for disability level.
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It is a work-related injury, grade 10 disability, such as loss of joint function, that is, the thumb will not bend, it is grade 9 according to GB T 16180-2006 "Labor Ability Appraisal - Disability Levels of Work-related Injuries and Occupational Diseases of Employees".
Level 7 16) 1. Severed interphalangeal joint of the thumb;
17) Deformity of the interphalangeal joint of one thumb, complete loss of function;
18) In one hand, except for the thumb, the proximal interphalangeal joints of the other 2 3 fingers (including the index finger) are severed;
19) Loss of function of the proximal interphalangeal joints of 2 3 fingers (including index finger) except for the thumb of one hand;
Level 8 16) In addition to the thumb and index finger, the proximal interphalangeal joint of two fingers is severed;
17) In one hand, except for the thumb and index finger, there are two proximal interphalangeal joints that are non-functional;
Grade 9 16) 1 2 missing part of the distal part of the thumb;
17) 2 3 segments of the index finger of one hand are missing;
18) loss of function of the interphalangeal joints of the thumb;
Grade 10 6) Disconnection or loss of function of the distal interphalangeal joint of any finger except the thumb;
7) After finger skin grafting (hypertrophic scar of more than 1 cm2);
10) Except for the thumb, the remaining 3 and 4 distal fingers are missing;
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An injury sustained at work is a work-related injury. There are no fractures. The treatment of work-related injuries and fractures is also up to level 10. Whether you have a fracture or not depends on how well you recover. If you recover well, you won't be classified.
Regulations on Work-related Injury Insurance
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