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The company told you this, I guess they didn't report your work-related injury. Anyway, let's not lose ourselves. Since he asked you to make a bid, you should first see how much you can be compensated according to the provisions of the labor law, and ask him for no less than this amount.
If he wants to give it, it is good, if he doesn't give it, he will go according to the legal procedures, and he should be appraised and appraised, and he should be evaluated and evaluated.
But the premise is that your hand is not very serious, and it is possible to raise it. If you estimate that you can get a grade of 6 or above, then don't ask him for a fixed price. Because according to the law, level 6 or above is required by the company to support you until you retire.
For the relevant legal provisions, please refer to the Regulations on Work-related Injury Insurance.
Judging from your description, it shouldn't reach level 6, so let's look at the compensation level 7 to 10:
Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as having a disability of Grade 7 to Grade 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' 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 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.
The salary here refers to the average salary of the previous 12 months.
For employees who terminate their labor contracts or labor relations, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standard is 5 to 30 months of the average monthly salary of employees in the city in the previous year. 30 months for Grade 5 disability, 25 months for Grade 6 disability, 20 months for Grade 7 disability, 15 months for Grade 8 disability, 10 months for Grade 9 disability, and 5 months for Grade 10 disability.
At the same time, you also need to calculate the following costs:
1) Hospitalization meal subsidy; There is no prescribed payment standard, and you can calculate it according to the food allowance in the company's business trip or negotiate with the company.
2) Transportation, accommodation and food expenses for medical treatment in other places;
3) Wages and benefits during the period of suspension of work with pay; Same as the original salary and benefits.
4) Nursing care during the period of suspension of work with pay;
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Consult with the legal department.
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According to different levels of disability, the items of compensation are different, mainly including: medical expenses, one-time disability allowance, one-time employment subsidy, one-time medical subsidy, salary during the period of suspension of work, food subsidy, nursing expenses, etc. Who should compensate for the above-mentioned items should be handled differently according to the following circumstances:
If the employer has paid work-related injury insurance, except for the wages of the suspension period and the one-time employment subsidy Hu Gaichun needs to be paid by the company, other items are generally paid by the work-related injury insurance, of course, if the social security base paid by the company is lower than the employee's false wage standard resulting in a difference, the corresponding difference should be borne by the unit.
Social Insurance Law of the People's Republic of China
Article 36.
If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits;
Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.
Social Insurance Law of the People's Republic of China
Article 42.
If the work-related injury is caused by a third party, and the third party does not pay the medical expenses for the work-related injury or the third party cannot be determined, the work-related injury insurance** shall pay in advance. After the work-related injury insurance** is paid in advance, it has the right to recover from a third party.
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Apply for work-related injury recognition and enjoy work-related injury benefits. The work-related injury benefits of the injured employee shall be jointly borne by the work-related injury insurance and the employer.
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) 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.
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The amount of compensation that the company should pay is supervised.
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[Work-related injury handling procedures]:
1. To apply to the Human Resources and Social Security Bureau for the identification of work-related injury, the unit shall declare within one month of the accident, and if the unit does not apply, the injured employee or close relatives shall submit an application for recognition within one year. Materials to be submitted: application form for work-related injury determination, proof of labor relationship with the employer, medical diagnosis certificate, etc.;
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts;
3. According to different disability levels, the compensation obtained 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, food allowance, nursing expenses, etc.
If you do not participate in the insurance, you will be compensated by the unit.
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Find the Labor Department to sue as soon as possible.
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[Work-related injury level 8] standard: 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;
Work-related injury grade 9] standard: 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;
23) Patients without functional impairment after fracture internal fixation;
Work-related injury grade 10] standard: 6) distal interphalangeal joint or loss of function in any finger except the thumb;
10) Except for the thumb, the remaining 3 and 4 distal fingers are missing;
Article 41] If an employee's employer fails to pay work-related injury insurance premiums in accordance with the 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.
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