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Anonymous users2024-02-15According to the injuries you described, no matter how the injuries were caused, they do not constitute a level of disability, and the specific compensation expenses include medical expenses, nursing expenses (which may not be available), lost work expenses, transportation expenses, etc.
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Anonymous users2024-02-14Level 1 doesn't count. In the past, I was rated as a grade 10 disability when the middle finger, ring finger, and little finger of my right hand were pressed by the punch. However, the company paid him more than 200,000 yuan.
In your case, as long as the company cures you, and then you can pay some mental damage or nutrition expenses, it is good. I was injured twice in a Taiwanese-funded company, and I had 4 stitches at one time and 5 stitches at the other. I paid for the medical bills, and then I added a few days of work-related injury leave, and there was nothing.
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Anonymous users2024-02-13It is recommended to go to a local forensic examination agency for a disability evaluation. Only the conclusions made by the disability assessment department are meaningful.
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Anonymous users2024-02-12If there is no injury to the finger joint, it cannot be recognized as a disability, and if the joint is injured and the joint is lost at the end of the event, it may be rated as a grade 10 disability.
Level 10 Disability Compensation:
1. One-time disability allowance: 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, a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability shall be paid. Check with the local labor department for specific standards.
Basis: Labor Contract Law.
Article 37 Where an employee is assessed 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.
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Anonymous users2024-02-11Disability cannot be identified.
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Anonymous users2024-02-10Legal analysis: apply for recognition of work-related injury within one year, apply for disability assessment after the determination of work-related injury, apply for arbitration after disability assessment, apply for labor arbitration, and claim compensation for medical expenses, wages for the period of suspension of work, food subsidies, nursing expenses, transportation expenses, room and board expenses, nutrition expenses, disability equipment assistance expenses, one-time disability subsidies, one-time employment subsidies, one-time medical subsidies and other expenses. Fees are related to wages, and the specific amount needs to be calculated on a case-by-case basis.
Legal basis: Regulations on Work-related Injury Insurance
Article 32 Due to the needs of daily life or employment, an injured worker may be fitted with prostheses, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards prescribed by the State.
Article 33 Where an employee is injured in an accident or suffers from an occupational disease at 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. The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months.
After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.
If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
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Anonymous users2024-02-09If the injury is determined to be work-related injury, after the injury is stabilized, you can apply for a labor ability appraisal to determine the level of work-related injury, and then claim disability compensation from the employer according to the level of disability. Legal basis: Article 37 of the Regulations on Work-related Injury Insurance If the person is disabled at grade 10 by the appraisal of his or her working ability, he or she can enjoy the following work-related injury benefits:
1) The medical expenses shall be paid in full by the employer; (2) During the period of suspension of work and salary (during the period of work-related injury** and **), wages shall be paid according to the original benefits; (3) The unit is responsible for those who need nursing care during the period of suspension of work and salary; (4) The food allowance during the hospitalization shall be paid according to the standard of the place where the injured employee is located; (5) Work-related injury compensation:
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Anonymous users2024-02-08Legal analysis: If the injury is determined to be a work-related injury, after the injury is stabilized, you can apply for a labor ability appraisal to determine the level of work-related injury, and then claim disability compensation from the employer according to the level of disability.
Legal basis: Article 37 of the Regulations on Work-related Injury Insurance If the employee is assessed as having a grade 10 disability after the appraisal of his or her working ability, he or she can enjoy the following work-related injury benefits: (1) The medical expenses shall be paid in full by the employer; (2) During the period of suspension of work and salary (during the period of work-related injury** and **), wages shall be paid according to the original benefits; (3) The unit is responsible for those who need nursing care during the period of suspension of work and salary; (4) The food allowance during the hospitalization shall be paid according to the standard of the place where the injured employee is located; (5) Work-related injury compensation:
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Anonymous users2024-02-071. The successful replanting of the thumb nail after being cut off constitutes several levels of disability depends on the cause of the accident
1. If it is a personal injury compensation, the disability shall be assessed in accordance with the provisions of the "Traffic Accident Disability Appraisal Standards";
2. If it is a work-related injury, the disability shall be assessed in accordance with the provisions of the "Labor Ability Appraisal - Classification of Disability Levels Caused by Work-related Injuries and Occupational Diseases of Employees".
2. The calculation criteria for compensation are also different:
1. If it is a personal injury compensation, it shall be calculated in accordance with the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases;
2. If it is a work-related injury, it shall be calculated according to the provisions of the Regulations on Work-related Injury Insurance.
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