I was injured at work in the factory, and I had a crack in the bone of my index finger on the film,

Yes, after the occurrence of a work-related accident, within one month, the employer can declare, and one month later, if the employer does not apply for the determination of work-related injury, the individual, family members, and labor unions can declare, and the statute of limitations is one month after the work-related accident to one year, that is, you have 11 months

You can apply for a work-related injury determination on an individual 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 occurrence 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 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.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article 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.

Count as a work-related injury.

Article 14 (1) of the Regulations on Work-related Injury Insurance stipulates that "a person who is injured in an accident during working hours and in the workplace due to work-related reasons" shall be deemed to be a work-related injury.

Although you have violated the operating procedures at work, you are still "injured by an accident during working hours and in the workplace due to work-related reasons" still meet the conditions for the establishment of a work-related injury and should be entitled to work-related injury benefits.

According to Article 17 of the Regulations on Work-related Injury Insurance, you must have a work-related injury determination within 1 year.

If you have been identified as a work-related injury, you will be entitled to the same level of work-related injury insurance benefits. If you do not make a work-related injury determination, you will not enjoy work-related injury insurance benefits, and you will not be considered a work-related injury if you seek compensation from the factory.

It's a little hard, I'm afraid. The time limit for an employer to apply for a work-related injury determination is 30 days, and the time limit for the employee to submit a work-related injury determination is one year. You've been in the situation for more than a year. But you can ask the factory for an explanation, and it is its obligation to apply for a work-related injury determination.

In the event of a work-related injury, you should immediately apply to the labor department for work-related injury identification.

Hello, time has passed.

Zongheng Legal Network-Gansu Xinzheng Law Firm-Zhong Jing lawyer.

1. First apply to the labor and social security administrative department for work-related injury recognition. Article 17 of the Regulations on Work-related Injury Insurance stipulates that an injured employee or his immediate family member 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 apply to the labor and social security administrative department of the co-ordinating area where the employer is located for recognition of work-related injury. Article 20 The administrative department for labor and social security shall, within 60 days from the date of accepting the application for determination of work-related injury, make a decision on the determination of work-related injury, and notify the employee or his immediate family members and the worker's unit in writing of the application for work-related injury determination.

2. After the work-related injury is identified, the labor ability appraisal will be carried out. Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted. Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

3. Enjoy work-related injury insurance benefits according to the identified labor ability level.

The compensation items for workers' compensation claims are as follows:

1. Compensation for general injuries caused (not up to disability): medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation, accommodation and transportation expenses.

2. Compensation for disability: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability subsidy, disability allowance, one-time medical subsidy for work-related injury, and one-time disability employment subsidy.

Work-related injury level 10 can mainly receive the following three types of compensation:

Lump sum disability allowance with 7 months of work-related injury insurance**. According to the regulations, if you can prove the actual income of your salary in the 12 months before your injury, it will be calculated based on the average of the 12 months. If it cannot be proven, the average of the social security and work-related injury insurance contribution base for the 12 months before your injury is calculated as the base number.

There is a big difference between the two, and it is best to tell Pei Talu to submit supporting materials.

One-time employment grant, paid by the company for 6 months. It is calculated according to the average monthly wage of the previous year issued by the state.

One-time medical subsidy, 4 months of workers' compensation insurance**. The standard is the same as 2.

Other compensation is negotiated with the company.

Hello, please do it as follows:

1. To apply to the Human Resources and Social Security Bureau for the recognition of work-related injury, the company needs to declare within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** according to the Human Resources and Social Security Bureau), 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 (generally established in the human resources and social security bureau at the same level);

3. According to different disabilities and other advanced films, 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.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made. Hello, please do it as follows:

1. To apply to the Human Resources and Social Security Bureau for the identification of work-related orange branch injuries, the company needs to report within one month of the accident, if the company does not apply, the injured employees or their close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** according to the Human Resources and Social Security Bureau), 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 (generally established in the human resources and social security bureau at the same level);

3. According to different levels of disability, the compensation obtained is the same as that of the military ruler. 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.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

If you still don't know, go to the legal consultation post and ask the lawyer in detail.

First, you must first report the work-related injury by the unit within one month, and if the employer does not declare, you can report the work-related injury within 12 months.

Second, after recovery, disability appraisal, and the disability level is reached, compensation can be made according to the disability level, and if the disability level is not reached, there is no compensation.

Third, if you do not reach the disability level, the unit or work-related injury insurance will bear the ** expenses, medical expenses, etc., and the hospitalization will be given a meal subsidy, and the salary will be paid during the period of suspension of work.

Find a labor lawyer.

Level 10 disability is classified according to aPartial limitation of the ability to perform daily activities;

b.a decline in the ability to work and study;

c.Partially limited social communication skills.

Level 10 Disability Compensation Standard Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's inability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.

Appraisal should require a professionally qualified hospital to identify, you can go to consult!

1. If it can be recognized as a work-related injury, you can claim the corresponding work-related injury compensation.

2. The contents of work-related injury compensation include: medical expenses, one-time disability allowance (according to the level of disability and one's salary), one-time employment subsidy (determined according to the work-related injury regulations of your province, received when the labor relationship is terminated), one-time medical subsidy (determined according to the work-related injury regulations of your province, received when the labor relationship is terminated), wages for the period of suspension of work (determined according to the notice of labor ability appraisal conclusion), food subsidies, nursing expenses, transportation expenses, etc.

1.According to the described injury, combined with the relevant provisions of GB T 16180-2014 of the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability", if it is only a laceration and does not injure the bones, it is estimated that it is difficult to reach the disability level, and the specific results depend on the appraisal conclusion of the expert group of the Labor Ability Appraisal Committee;

2.First of all, it is necessary to apply to the local labor department for work-related injury identification, which is the premise of all problems, without applying for work-related injury identification, it is impossible to apply for labor ability appraisal, and then obtain disability compensation, if the unit does not apply, the individual employee must apply within one year from the date of injury;

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**, **), the salary shall be paid according to the original treatment;

3) The unit is responsible for the need for nursing care during the suspension period;

4) The food subsidy during the hospitalization shall be paid according to the standard of the place where the injured employee is located.

1. The medical expenses shall be paid by the work-related injury insurance**, and if the employer fails to pay the work-related injury insurance, the employer shall pay the expenses;

2. If Qiaochang is hospitalized, the food expenses during the hospitalization shall be paid by the work-related injury insurance**, and if the employer fails to pay the work-related injury insurance, the employer shall pay it;

3. Refer to the time of the suspension period corresponding to your injury in the "Administrative Measures for the Suspension of Work and Salary Period of ** Province" where the employer is located, and the employer will pay wages according to the original treatment during this time.

4. Go to the municipal labor ability appraisal committee to apply for disability appraisal, and if the grade can be identified, you can also enjoy one-time compensation for filial piety and work-related injuries: one-time disability subsidy, one-time medical subsidy for work-related injury, and one-time disability employment subsidy.

According to your current description, it should not be enough to have a disability level.

1.According to the injury you mentioned, combined with the provisions of GB T 16180-2014 of the "Disability Level of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability", if there is no injury to the bone, it is estimated that it will be difficult to reach the disability level with my personal work experience. Of course, I said that it doesn't matter, the specific level depends on the conclusion of the labor ability appraisal, and I can only approximate it based on work experience.

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**, **), the salary shall be paid according to the original treatment;

3) The unit is responsible for the need for nursing care during the suspension period;

4) The food subsidy during the hospitalization shall be paid according to the standard of the place where the injured employee is located.

Nope'Because you accidentally got injured while working

If the disability assessment standard is not met, the worker can enjoy the reimbursement of medical expenses and the suspension of work and salary retention treatment with the same original salary and treatment for the first period.

Generally, minor fractures and hidden fissures cannot be assessed, and if the worker's injury is only a bone fracture, it is a minor fracture.

According to the 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 the local medical institutions that have signed the 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, the coarse Huai and the certificate issued by the medical institution, and the consent of the handling agency, the transportation, accommodation and accommodation expenses required for the injured employee to seek medical treatment outside the overall area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the overall 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.

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 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 suspension period, the unit to which he or she belongs shall be responsible.