Ask for advice from experts in workers compensation. 20

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

Article 35 of the Regulations on Work-related Injury Insurance stipulates that employees who are identified as Grade 10 disabled due to work-related disability shall enjoy the following benefits:

1) A one-time disability allowance from work-related injury insurance** is paid for 6 months' salary;

2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy in accordance with the standards prescribed by each province, autonomous region or municipality directly under the Central Government.

My salary refers to the average monthly salary of the injured employee in the 12 months before the accident; The salary standard shall not be less than 60 of the average salary of local employees.

Article 23 of the Regulations for the Implementation of the Labor Contract Law stipulates that if an employer terminates the labor contract of an injured employee in accordance with the law, it shall, in addition to paying economic compensation in accordance with Article 47 of the Labor Contract Law, also pay a one-time medical subsidy for work-related injuries and a disability employment subsidy in accordance with the relevant national regulations on work-related injury insurance.

1. The one-time disability allowance is 6 months' average salary. That is, 6 2200 = 13200 Second, the medical expenses are outside the scope of drugs, part of the payment of diagnosis and treatment items, the diagnosis and treatment items that are not paid, and the expenses outside the four standards of the inpatient service standard that are not paid are fully reimbursed.

3. The original salary and benefits remain unchanged during hospitalization. Note: Not only the salary, but also the benefits.

4. The nursing fee shall be paid by the unit every month according to 80% of the average salary of the employee in the previous year.

5. The food expenses shall be paid by the unit according to 70% of the business trip food standard of your factory.

Employers are required to participate in work-related injury insurance in accordance with the law to resolve the risk of work-related injuries of employers. After the occurrence of a work-related injury, the employer shall apply for work-related injury recognition (labor ability appraisal) and pay work-related injury insurance benefits (compensation) in accordance with the law. The scope, items, standards, calculation methods, and procedures for the identification and appraisal of work-related injuries shall be stipulated in the Regulations on Work-related Injury Insurance.

The Social Insurance Law stipulates the subject of responsibility for the payment (bearing) of work-related injury insurance benefits.

Social Insurance Act

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 subsidy;

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 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.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

If the contract is not terminated, the salary for the ninth grade disability is 9 months.

OK. Legal basis.

This decision shall come into force on January 1, 2011.

The Regulations on Work-related Injury Insurance shall be amended accordingly and re-promulgated in accordance with this Decision. After the implementation of these Regulations, if an employee who has been injured in an accident or suffers from an occupational disease before the implementation of this decision has not completed the determination of work-related injury, it shall be implemented in accordance with the provisions of this decision.

The Regulations of 20 December 2010 on work-related injury insurance shall apply.

According to the regulations on work-related injury insurance, it is necessary to apply for work-related injury recognition first, and the compensation amount can only be finalized after waiting for the labor ability appraisal level.

Article 17 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for a labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts;

Depending on the level of disability, the compensation received is not the same. 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, food allowance, nursing expenses, etc.

If it is recognized as a work-related injury, if the injured person is hospitalized** work-related injury, the unit shall pay the hospitalization meal subsidy according to 70% of the food subsidy standard of the unit for business trips; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes. Outpatient expenses should also be reimbursed in full. (If the hospital uses drugs other than those stipulated by social security, and the social security ** cannot be paid, it should be paid by the company).

Disability assessment is mainly based on whether the injured part has dysfunction and the degree of impact on life and work. After the tendon rupture is surgically repaired, the recovery function is relatively satisfactory, and the disability level is generally not assessed. However, depending on the specific condition of your injury, you can also apply for a labor ability assessment.

Let's go to a work-related injury determination first. Your company should apply to the relevant authorities within one month after your accident, if not, you can do so within one year after your accident. Go and apply.

After the work-related injury is determined, the medical expenses can be recovered.

During the break, it is counted as normal work.

It can also be compensated accordingly.

Then make a disability grade. Depending on your level of disability, you may be able to receive compensation.

Finally, in the case of you, the employer should appropriately transfer the employee and not dismiss a work-related injury like you.

Teach you a way to go straight to court and sue and then ask for compensation for the amount you want. When the verdict is handed down, that's pretty much the amount of compensation you should get.

Disability assessment can be carried out, and I have a rough estimate of the ninth or tenth grade disability.