What compensation should I receive under the law if I was injured at work on the construction site a

Updated on society 2024-08-04
7 answers
  1. Anonymous users2024-02-15

    Apply for work-related injury appraisal and enjoy work-related injury treatment and economic compensation according to the grade.

  2. Anonymous users2024-02-14

    Work-related injury compensation standards, also known as work-related injury insurance treatment standards. It refers to the compensation items and standards that employees who are injured at work and the relatives of employees who have died at work shall enjoy in accordance with the law. If an employee of an employer suffers a work-related injury during the period when he has not participated in work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in the Regulations on Work-related Injury Insurance.

    Legal basis] Article 39 of the Regulations on Work-related Injury Insurance: If an employee dies on the job, his close relatives 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. Funeral subsidy: 6 months of the average monthly salary of employees in the overall area in the previous year.

    40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly or orphan who is alone 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 social insurance administrative department.

  3. Anonymous users2024-02-13

    Legal analysis: For work-related injury compensation for broken fingers injured on the construction site, the compensation standards mainly include:

    1. Medical expenses;

    2. ** fee, which needs to be assessed by experts organized by the handling agency;

    3. Hospitalization meal subsidy;

    4. Transportation and accommodation expenses, reimbursement and reimbursement;

    5. Nursing expenses, if you need nursing care during the period of suspension of work and salary, the unit shall be responsible for it. With the consent of the injured employee or his/her relatives, the employer may also pay nursing expenses according to the standard of one employee per month in the previous year.

    6. Suspension of work and retained wages;

    7. Assistive device fee;

    8. Disability treatment, mainly including: payment of one-time disability subsidy; Disability allowance on a monthly basis;

    9. One-time medical subsidy for work-related injuries and employment subsidy for disability.

    Legal basis: Article 35 of the Regulations on Work-related Injury Insurance 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 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.

  4. Anonymous users2024-02-12

    By workers' compensation. 1. Apply for work-related injury recognition first. The unit shall, within 30 days from the date of the accident injury, and the injured employee within one year from the date of the accident injury, directly lift the limb to apply for work-related injury determination.

    To apply for work-related injury determination, the application form for work-related injury determination shall be filled in and submitted: (1) a copy of the labor contract or other valid proof of the establishment of labor relations; (If it is a de facto employment relationship and the employer does not recognize it, it shall apply to the labor dispute arbitration commission for confirmation of the de facto employment relationship). 2) A certificate of post-injury diagnosis issued by a medical institution, etc.

    2. Appraisal of working ability (appraisal of the deferment of disability and other things). If the injured employee is in a relatively stable state after the expiration of the suspension period or the injury is in a relatively stable state during the period, he or she may submit an application for labor ability appraisal, fill in the "Labor Ability Mask Strength Appraisal (Confirmation) Form for Work-related Injured Employees", and submit: (1) 1 copy of the work-related injury determination decision or the "Work-related Injury Certificate"; (2) 1 copy of the ID card of the person being appraised, 2 copies of one inch**; (3) Copies of the medical records, diagnosis certificates, physical and chemical test reports, CT, X-rays and other diagnosis and treatment materials of the person being evaluated; (4) Miscellaneous.

    3. Work-related injury benefits. Disability includes: Medical expenses, Hospital meal allowance, Nursing expenses, Lump sum disability allowance

    Employee's monthly wage, number of statutory months (different months of different disability levels), one-time medical subsidy: the average monthly wage standard of Chongqing employees, the number of statutory months (different disability levels correspond to different months), one-time disability employment subsidy or disability allowance, salary for the period of suspension of work: ** time (different time for different injuries) The average salary of the worker in the 12 months before the injury, follow-up ** expenses, disability assistive device expenses, transportation expenses, etc.

    If the negotiation of compensation fails, the employer shall apply for arbitration or litigation of labor disputes at the place where the accident occurred.

  5. Anonymous users2024-02-11

    Legal analysis: If it is a work-related injury, you can claim work-related injury benefits, and the main processes are:

    1. Apply to the labor department for work-related injury identification.

    2. After the labor department determines that the work-related injury is terminated and the injury is basically stable, the unit or the injured employee shall apply to the labor department for labor ability appraisal.

    3. According to the level of disability appraised, the employee shall apply for work-related injury benefits to the unit and the work-related injury insurance department.

    If Zheng Hanguo's employer refuses to pay work-related injury benefits, the employee may apply to the labor dispute arbitration commission for labor arbitration.

    Legal basis: Regulations on Work-related Injury Insurance Article 17 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 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 region. 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 immediate family members 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 labor and social security administrative department of the coordinating area where the employer is located.

    Matters concerning the determination of work-related injuries by the provincial-level social insurance administrative department shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

    If an employer fails to submit an application for determination of work-related injury within the time limit provided for in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period in accordance with the provisions of these Regulations.

  6. Anonymous users2024-02-10

    Legal analysis: For this issue, it is first necessary to determine the work-related injury level, and then the employer will compensate the employee according to the employee's situation, and the compensation amount can only be finally determined after the appraisal level. If a broken finger is fractured and there are no sequelae, it will generally be recognized as a grade 10 disability.

    Legal Basis:

    Regulations on Work-related Injury Insurance》 Article 37 Employees who are identified as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid according to the level of disability from the 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 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 employment subsidy for disability.

    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.

  7. Anonymous users2024-02-09

    It depends on whether there is a disability level, if there is no level, in accordance with Article 31 of the "Regulations on Work-related Injury Insurance": **The expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, and shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department of Guochong Liang Hospital, the food and drug supervision and administration department and other departments.

    The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and transportation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area. Injured employees** who are not injured at work shall not enjoy the absolute medical treatment of work-related injuries and shall be dealt with in accordance with the basic medical insurance measures. If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

    Article 32 Workers injured at work may be fitted with prostheses, orthoses, artificial eyes, dentures, wheelchairs, and other assistive devices due to the needs of daily life or employment, and the required expenses shall be paid from the work-related injury insurance in accordance with the standards prescribed by the state. Article 34 If an injured worker has been assessed for disability and confirmed by the Labor Ability Appraisal Committee that he or she needs life care, he or she shall pay a monthly living care allowance from the work-related injury insurance. The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

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