I injured my meniscus at work, so it s not a work injury. If so, can the company fire me?

It is counted as a work-related injury and can be claimed. However, the level of disability must be evaluated, and the labor contract can not be dismissed after the level 1-4 compensation is completed, and the labor contract can be terminated after the compensation of level 7-10 is completed. Level 5 and 6 themselves proposed that they could negotiate to terminate the labor contract, otherwise, the unit would have to go to work if the position was adjusted.

A rating like yours is usually on a 7-10 scale. When the contract expires, the labor contract can be terminated. Compensation can also be raised, and labor arbitration can be applied to, or a court lawsuit can be filed.

If the meniscus is injured due to work, it is also a work-related injury, so after a work-related accident occurs, the person concerned is also required to bring the diagnosis certificate issued by the medical institution, the labor relationship certificate and other materials to the local labor department to report the work-related injury, and the labor department will also judge the work-related injury level according to the actual situation and the consequences caused.

Meniscus injury caused by accident due to work is considered a work-related injury. If your meniscus injury is determined by whether you suffered an accident injury due to work-related reasons, and if you meet one of the circumstances specified in Articles 14 and 15 of the Regulations on Work-related Injury Insurance, and there are no circumstances specified in Article 16, it shall be recognized as a work-related injury or treated as a work-related injury.

Article 14 of the Regulations on Work-related Injury Insurance stipulates that if an employee has any of the following circumstances, it shall be deemed to be a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

If you injure your meniscus at work, it should be regarded as a work-related injury, and the company should be responsible for you, and it can't and is not allowed to fire you because of a work-related injury.

China's labor law stipulates that accidents that occur during working hours and on the way to and from work are all considered work-related injuries, and if it is a work-related injury, the employee unit and the company cannot be fired for any reason and excuse.

This does not mean that if there is a work-related injury, the enterprise cannot be fired, but if there is a serious violation of labor discipline, it can also be dismissed.

Of course, forget it, causing injuries on the way to work is counted, let alone in the unit,

Meniscus loss is a long-term cumulative process and should not be considered a work injury.

Meniscus injuries are classified as grade 10 work-related injuries. Compensation for meniscus injury in work-related injury appraisal standards: medical expenses, food subsidies, transportation, accommodation expenses, **** expenses, wages for the medical period of work-related injuries, living care expenses, etc., shall be determined according to the actual situation.

[Legal basis].Criteria for Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees

Grade 10: Knee meniscus injury, knee cruciate ligament injury without surgery. Compensation for meniscus injury on the criteria for work-related injury identification:

Medical expenses, food subsidies, transportation, room and board expenses, **** expenses, wages for work-related injuries during the medical period, and living care expenses shall be determined according to the actual situation. The one-time disability allowance for grade 10 disability is 7 months' salary. The one-time medical allowance for work-related injuries is 1 month's salary.

The one-time disability employment allowance is 4 months' salary.

Legal Analysis: Count. If the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, the living care expenses shall be paid on a monthly basis 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.

Legal basis: Regulations on Work-related Injury Insurance

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If 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, they 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, 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 accommodation 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 are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

The cost of work-related injury for work-related injury by the injured employee to the medical institution that has signed the service agreement shall be paid from the work-related injury insurance** in accordance with the regulations.

Article 34 Where an injured employee has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of life care, he or she shall be paid 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.

Legal Analysis: Meniscus injuries due to work reasons can be considered work-related injuries. According to the Regulations on Work-related Injury Insurance, any of the following circumstances may be recognized as work-related injuries:

1. Injured in an accident during working hours and in the workplace due to work-related reasons;

2. Engage in work-related preparation or final work in the workplace before and after working hours;

3. Accidental injuries such as violence during working hours and in the workplace due to the performance of work duties;

4. Suffering from occupational diseases;

5. Injured or unaccounted for due to work;

6. On the way to and from work, the person is injured by a traffic accident or an accident involving urban rail transit, passenger ferry, or train;

7. Other circumstances that laws and administrative regulations shall identify as work-related injuries.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances of (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than one-time disability subsidies in accordance with the relevant provisions of these Regulations.

Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but has any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

It is not possible to determine a work-related injury based on the condition of a meniscus injury alone. Work-related injuries are mainly based on: those who are injured in accidents during working hours and in the workplace due to work-related reasons; Therefore, you need to see whether you meet the conditions of "three jobs" in order to determine whether it is a work-related injury.

Eggplant is prepared. [Legal basis].

Article 14 of the Regulations on Work-related Injury Insurance stipulates that if an employee is ruined under any of the following circumstances, it shall be recognized as a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Meniscus injury due to work-related injuries is considered a work-related injury.

If an employee's meniscus injury is determined by whether he or she suffered an accident injury due to work-related reasons, and if it meets one of the circumstances specified in Articles 14 and 15 of the Regulations on Work-related Injury Insurance, and there are no circumstances specified in Article 16, it shall be recognized as a work-related injury or regarded as a work-related injury.

Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) The employee was originally serving in the army, but was disabled due to war or duty injuries, and has obtained a disabled military certificate, and is injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Article 16: Employees who meet the requirements of Articles 14 and 15 of these Regulations but have any of the following circumstances shall not be deemed to have suffered a work-related injury or be treated as a work-related injury

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

1. Inadmissibility.

1.If sufficient materials are not submitted for the determination of work-related injuries, and at the same time, the work-related injury determination authority shall not be subject to the failure to make corrections within the prescribed time after the administrative organ issues the notice of supplementation and correction.

2.If the determination of work-related injury exceeds the statute of limitations, the work-related injury determination authority may reject the application and not accept it, except for special reasons (specifically referring to the confirmation of the labor relationship, medical treatment has not yet been terminated, etc.).

3.If the injured person, the injured person's family member, or the employer is not satisfied with the decision to disapprove the work-related injury determination applied for, it may file an administrative reconsideration with the local people** or the human resources and social security administrative department at a higher level within 60 days, or file a lawsuit with the local people's court within 90 days.