Right thumb injury help, urgent!!

1. 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 labor and social security administrative department of the coordinating region.

2. If the employer does not submit an application, the injured employee, or his or her immediate family members, or the trade union organization may submit the application.

3. To submit an application for work-related injury determination, the application form for work-related injury recognition shall be filled in and the following materials shall be submitted:

1) A copy of the text of the labor contract or other valid proof of the establishment of the labor relationship;

2) A certificate of post-injury diagnosis or a certificate of diagnosis of an occupational disease (or a certificate of diagnosis and appraisal of an occupational disease) issued by a medical institution.

The format of the application form for work-related injury determination shall be uniformly formulated by the Ministry of Labor and Social Security.

You should apply for a work-related injury determination, and if you heal well, you may not be disabled.

Hello, this kind of injury of yours must also be considered a work injury, I am not a professional doctor, but I estimate that it should be around grade 2 (minor injury).

You don't have to bring anything with you to get a work-related injury determination.

Defending rights, being injured during the probationary period, I don't think I can protect my rights and interests in this part of China.

I'm very sympathetic, let's look it up on the Internet.

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

If the employer does not apply to the labor bureau for a work-related injury determination, the employee or his relatives can apply to the labor bureau for a work-related injury determination, bring a copy of the injured employee's own ID card, labor contract, medical records, etc., and then apply for disability identification after the work-related injury is determined, and ask a lawyer to calculate how much compensation should be paid, if the employer does not compensate, apply to the labor dispute arbitration commission for arbitration, if you still do not understand, it is recommended to entrust a lawyer to handle the whole process.

According to the description, it can be preliminarily determined to be a grade 7 disability, but the specific result is subject to the results of the labor ability appraisal.

In accordance with the "Measures for the Administration of Labor Ability Appraisal".

Article 8 Submission of Application If 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, the employer or the injured employee may submit an initial application for labor ability appraisal to the labor ability appraisal committee at the districted city level. The time limit for applying for labor ability appraisal shall not exceed 2 years from the date of making the conclusion of the determination of work-related injury. If the injured employee is unable to submit an application, his close relatives may submit the application on his behalf.

Article 9 Submission of materials The following materials shall be submitted to apply for labor ability appraisal:

1) Application for labor ability appraisal;

2) The original and photocopy of the "Decision on the Determination of Work-related Injury";

3) Original and photocopies of diagnosis certificates, examination and test reports, etc., complete and valid medical records;

4) The original and photocopy of the employee's ID card or other valid identity certificate;

5) Other materials specified by the Labor Ability Appraisal Committee.

Article 10 Examination of materials After receiving the application for labor ability appraisal, the Labor Ability Appraisal Committee shall review the materials submitted by the applicant in a timely manner. If the materials provided by the applicant are incomplete, the applicant shall be informed in writing of all the materials that need to be submitted at one time.

If the materials provided by the applicant are complete, the Labor Ability Appraisal Committee shall make a conclusion on the labor ability appraisal within 60 days from the date of receipt of the application for labor ability appraisal. Where the injury is complex and involves a large number of medical and health professions, the period for appraisal work may be extended by 30 days.

The first session can be rated 9 grades, and the second session can be rated 8 grades.

"Disability Levels of Work-related Injuries and Occupational Diseases of Employees in Labor Ability Appraisal" (National Standard GB T16180-2014 of the People's Republic of China).

1. Those who have no dysfunction or mild dysfunction after the healing of fractures in various parts of the body; - Level 10;

2. 1 2 of the distal part of the thumb is missing; - Grade 9;

3. A thumb interphalangeal joint is severed; or deformity of the interphalangeal joint of one thumb, complete loss of function; - Grade 8;

4. The metacarpophalangeal joint of one thumb is completely severed; - Level 7.

For metacarpophalangeal and interphalangeal joints (proximal and distal), please refer to the diagram below.

Generally, it is necessary for a forensic appraisal institution to make a disability evaluation.

Generally, it is about 8 or 9 levels of work-related injury and disability.

Compensation will range from 20,000 to 60,000 yuan.

The compensation standard varies from place to place.

Excuse me, about finger injuries. Thank you

Excuse me, a temporary worker in our factory suffered a work injury, female, 16 years old, she is a temporary worker, a day's salary is about 35 yuan, now there are two sections left after the left index finger is amputated, one section is retained after the middle finger is grafted, one section is retained after the ring finger fracture is recovered, and the flexor tendon of the left little finger is ruptured. What level of work-related injury can this be determined?

1.First of all, it is necessary to apply to the local labor department for work-related injury identification, which is very critical and the premise of all problems, if you do not apply for work-related injury identification, everything is in vain, if the unit does not apply, the individual employee must apply within one year from the date of injury;

2.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages during the period of suspension of work (work-related injury **, **) shall be paid according to the original treatment. If you need nursing care during the suspension period, the unit will be responsible for it, and the food allowance during the hospitalization period will be paid according to your local standard;

3.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;

4.According to the injury you mentioned, combined with the "Appraisal Standards for the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees", the disability level is about 9 levels, and the specific results depend on the appraisal conclusions of the expert group of the Labor Ability Appraisal Committee;

5.Workers' Compensation:

1) If you continue to work in the unit and do not resign, you will enjoy a one-time disability subsidy according to the "Regulations on Work-related Injury Insurance", and the salary for Grade 9 work-related injury is 9 months' salary.

2) If you choose to quit your job, you can enjoy a one-time medical subsidy for work-related injuries and a one-time disability employment subsidy in addition to a one-time disability allowance. The specific amount is set by your local area, and the amount of compensation varies depending on the region, you can call 12333 to consult your local labor department.

6.If the employer does not fulfill the above obligations, you can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration clearance to protect your legitimate rights and interests.

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

1. Compensation for general injury caused (disability not reached).

Medical expenses, food allowance for the injured during hospitalization, living care expenses, wages during the work-related injury, transportation and accommodation expenses.

2. Compensation for disability.

Medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and lodging expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical allowance for work-related injuries, and one-time disability employment allowance.

3. Compensation for death.

Funeral grants, one-time ** grants, pensions for dependent relatives.

4. The whereabouts of the employee are unknown.

The compensation items for employees who are missing when they go out or in emergency rescue and disaster relief should be determined according to different circumstances. If the employee has not been declared dead, his immediate family members can receive the following compensation items: pension for dependent relatives and 50% of the one-time work-related death allowance (if there is difficulty in living); If an employee is declared dead, the compensation items that his immediate family members can receive are:

Funeral expenses, pensions for dependent relatives, and one-time work-related death allowances.

Workers' compensation needs to be calculated according to the level of disability and the individual's salary income and other specific circumstances, according to your description, it is recommended to apply for work-related injury recognition and labor ability appraisal in a timely manner, and make a claim according to the results. Hope it helps!

1. It is recommended that the worker urge the employer to submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury, and if the employer fails to submit an application for work-related injury recognition in accordance with the regulations, the employee himself can also directly submit an application for work-related injury recognition to the social insurance administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the accident injury;

2. The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination.

3. After the identification, the employer, the injured employee or his close relatives shall submit an application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts, and provide the relevant information of the work-related injury determination decision and the employee's work-related injury medical treatment;

4. If the time for the identification of work-related injuries is missed, it is difficult to protect the rights and interests.

The work-related injury is identified first, and then the work-related injury appraisal is carried out, and the compensation amount is determined according to the appraisal results.

Identification of disability, find a lawyer for consultation, and the company compensates