Injured injuries, please help! Work Injury Problem!! Ace, please

The amount of compensation for work-related injuries can only be calculated after the evaluation of labor ability, and the level of disability is also the result of the evaluation of labor ability.

At this time, the first thing is to apply to the labor department for the determination of work-related injury, and then apply for labor ability appraisal, which will be calculated according to the appraisal level with reference to the compensation standard of your city.

1. Conduct a disability assessment.

Labor Ability Appraisal - Classification of Disability Caused by Work-related Injuries and Occupational Diseases of Employees

Level 9 18) loss of function of the interphalangeal joint of the thumb;

2 Treatment after disability.

Article 29 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.

Article 31 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.

Article 35 Where 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 from the work-related injury insurance** according to the level of disability, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;

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. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Determination of work-related injury] The Regulations on Work-related Injury Insurance stipulate that if an employee is injured in an accident, the unit to which he belongs shall submit an application for work-related injury determination to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury. In case of special circumstances, with the consent of the social insurance administrative department for reporting fraud, the time limit for application may be appropriately extended.

If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, 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. The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational erection disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

The newly revised Regulations on Work-related Injury Insurance came into force on January 1, 2011).

If you think it is a work-related injury, you should report it to the labor department in time.

This should be a work-related injury, and the compensation items and standards for work-related injuries include: medical expenses, hospital meal allowance, nursing expenses, wages for the period of suspension of work, one-time medical subsidy for work-related injuries according to the level of disability, one-time disability employment subsidy, and one-time disability compensation. Comminuted fractures are at least grade 10 disability, and the specific amount of compensation can only be calculated after appraisal and confirmation.

1.General workers' compensation includes:

1) Medical expenses.

2) Hospitalization meal subsidy.

3) Transportation expenses, accommodation and food expenses.

4) **** fee.

5) Assistive device fee.

6) Leave of absence with pay.

7) Nursing expenses.

8) Disability allowance.

The specific standards vary slightly from place to place.

References:

If you want to be safe, it is recommended to find a forensic doctor to do a work-related injury evaluation, and then compensate according to the work-related injury level.

In this case, if it is a work-related injury, you should first apply for work-related injury recognition and disability level appraisal, and then ask the employer to compensate in accordance with the work-related injury insurance regulations.

1. Comminuted fractures are not necessarily rated as disability;

2. It is recommended to negotiate with the unit to solve the problem.

First of all, you should apply for a work-related injury determination with the construction company, and the specific materials and procedures required for the work-related injury determination can be consulted by the work-related injury insurance department of the local labor and social security bureau (by the way, together with the labor ability appraisal, arbitration and compensation), and the successful result of the determination is to obtain the "Determination of Work-related Injury Decision"; There is a time limit for applying for work-related injury recognition, which is one month for enterprises and one year for individuals. In your case, the company should not have applied for a work-related injury determination for you, and you should complete the work-related injury certification before June next year, the sooner the better.

Second: after the certificate is obtained, after the injury is stabilized, you can organize materials to apply for labor ability appraisal (that is, the assessment of disability, depending on the degree of your injury, this has a greater relationship with future compensation), and the result of the appraisal is to obtain the "Notice of Labor Ability Appraisal Conclusion of Work-related Injured Employees";

Third: After having the "Decision on Determination of Work-related Injury" and the "Notice of Appraisal Conclusion of the Labor Ability of Injured Employees", you can consult the work-related injury insurance about the amount of compensation, which generally includes the following three items: disability allowance, medical subsidy and employment subsidy, and the specific compensation standard is related to the appraisal conclusion and your father's salary and the average local wage.

If this is obviously unreasonable, it is recommended to apply for a work-related injury determination in a timely manner, conduct a disability evaluation, and require the employer to compensate in accordance with the work-related injury insurance regulations. If it is not possible to apply for a determination of work-related injury, you can also file a lawsuit with the court to claim compensation.

If you are claiming compensation from your father's company for work-related injuries, you need to provide a list of hospital expenses, medical certificates and other relevant bills, but you can provide a copy of it, and it does not have to be the original (because considering that most companies may ask for the original invoice when the employee is injured at work, it will be detrimental to the employee's claim).

If the hospital treatment has been able to help your father recover, and it is not necessary to go to the ** center, then your father's company does not have to bear the expenses incurred in the ** center.

From your description, it is mainly a fracture that does not cause substantial partial or total loss of function to a human organ, and may not be recognized as a disability.

Not very professional, but can help you answer some of your questions.

It is not clear whether your father's company pays social security or purchases commercial insurance (such as employer's liability insurance) for him, for example, employer's liability insurance, the insurance company does need all the patient's medical records, invoices and other materials during the outpatient and hospitalization periods, including you, but also to cooperate with the company and the insurance company to prepare relevant materials.

**The cost of the center is subject to confirmation with the insurance company.

Ask the insurance company and the local ** agency for disability assessment.

Generally speaking, if the company buys insurance for your father, everything is easy to say, if there is no insurance, negotiate with the company first, and if the negotiation fails, it can be resolved through litigation and other means.

Please explain your specific work-related injury problem. The time of occurrence of the work-related injury, the level of the work-related injury.

Injuries in the line of duty are borne by the administrative burden of the enterprise, and the wages are paid according to the ** period, and if the disability is disabled, the disability subsidy will be paid monthly from the labor insurance premium.

First, insurance reimbursement is required.

Second, in principle, ** can also be reimbursed.

Third, depending on the situation, there are about 9 levels, and there are specific standards on the Internet, such as whether it affects the ability to work, the ability to live, etc. Specifically, a disability assessment should be made.

Details of the provisions of the Labor Law of the People's Republic of China on work-related injuries.

Work-related injuries must be identified first, and the corresponding level of work-related injury reimbursement conditions must be met, and the reimbursement can only be given after a reasonable and compliant application for approval, because there is no unified management standard in the country, so the specific detailed requirements can be consulted with the local social security agency, thank you!

It is best to let the work-related injury appraisal department and the labor arbitration department negotiate for you. It stands to reason that they will have to pay for it. Invoices and the like can be given, but ask them to write receipts.

If the labor relationship is not terminated for work-related injuries in second-tier cities and grade 10, the work-related injury subsidy for 6 months (the minimum monthly wage shall not be less than 60% of the local overall salary of the previous year); There is also a one-time employment subsidy and unemployment allowance for the termination of labor relations.

1. Submit an application for recognition of work-related injury. 2. Fill in the application form for work-related injury identification. 3. The labor and social security department shall conduct a review and determination.

4. The labor and social security departments make a decision on the determination of work-related injuries. 5. If they are not satisfied with the determination of work-related injuries, they shall file a reconsideration or administrative lawsuit. 6. Apply for labor ability appraisal.

7. Negotiate with the employer on work-related injury compensation matters, and if the negotiation fails, the employer shall apply for labor arbitration in a timely manner. 8. If one of the parties is dissatisfied with the arbitral award, it shall file a lawsuit with the people's court. 9. Those who are dissatisfied with the first-instance judgment shall submit an appeal within 15 days.

The second-instance judgment is final and takes legal effect after it is served.

I didn't see the problem, can you make the problem clearer?

If a traffic accident occurs during the commuting to work and is not primarily or wholly responsible, you can apply for a work-related injury determination.

In this case, you should report to the traffic police, and the traffic police will make a letter of responsibility. Then, depending on the result, whether or not to file for a work-related injury. If you are not injured at work, you can only use medical insurance.

Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible while commuting to or from work;

It's a bit messy to write. The examination at Tiantan Hospital may be more in line with the facts from a medical point of view, but it cannot change the results of the labor department's evaluation. If there is any objection to the appraisal result, you can apply to the labor department for a review within one year.

Basis: Article 28 After one year from the date of the conclusion of the appraisal of working ability, if the injured employee or his close relatives, his or her unit or handling agency considers that the disability has changed, he or she may apply for a review and appraisal of his or her working ability.

You can also apply to the labor department at the next higher level for reconsideration or file a lawsuit with the court.

Basis: Article 55: In any of the following circumstances, relevant units or individuals may apply for administrative reconsideration in accordance with law, and may also file an administrative lawsuit in the people's court in accordance with law:

2) The employee applying for a work-related injury determination, his or her close relatives, or the employee's work unit, are not satisfied with the work-related injury determination conclusion;

5) The injured employee or his close relatives have objections to the work-related injury insurance benefits approved by the handling agency.

Go to the labor arbitration department, go to 114** to consult the address and**ah.