How does arm take off force work injury calculate
Publish: 2021-05-07 15:14:46
1. Instrial injury compensation is calculated according to the level of disability, and it is related to workers' wages and local instrial injury insurance policy, so it cannot be calculated without corresponding conditions< According to Article 37 of the regulations on work related injury insurance, employees with work-related disability identified as level 7 to level 10 are entitled to the following benefits:
(1) one time disability allowance is paid from the work-related injury insurance fund according to the disability level, with the standard of 13 months' salary for level 7 disability and 11 months' salary for level 8 disability, Grade 9 disability is 9 months' salary, grade 10 disability is 7 months' salary
(2) if the labor or employment contract is terminated or the employee himself proposes to terminate the labor or employment contract, a one-time medical subsidy for work-related injury shall be paid by the work-related injury insurance fund, and a one-time employment subsidy for disability shall be paid by the employer. The specific standards for the one-time work-related injury medical subsidy and the one-time disability employment subsidy shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.
(1) one time disability allowance is paid from the work-related injury insurance fund according to the disability level, with the standard of 13 months' salary for level 7 disability and 11 months' salary for level 8 disability, Grade 9 disability is 9 months' salary, grade 10 disability is 7 months' salary
(2) if the labor or employment contract is terminated or the employee himself proposes to terminate the labor or employment contract, a one-time medical subsidy for work-related injury shall be paid by the work-related injury insurance fund, and a one-time employment subsidy for disability shall be paid by the employer. The specific standards for the one-time work-related injury medical subsidy and the one-time disability employment subsidy shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.
2. 1. According to the injury situation you said, combined with the "assessment of labor ability of workers with instrial injury and disability level of occupational diseases" GB / T 16180-2014, the disability level is about level 4. The specific results depend on the identification conclusion of the expert group of the labor ability assessment committee
2. First of all, you should apply to the local labor department for work-related injury identification, which is the key and premise of all problems. If you do not apply for work-related injury identification, everything will be in vain. If the unit does not apply, the indivial employee must apply within one year from the date of injury
3. If the injury is identified as work-related injury, the medical expenses shall be paid in full by the employer after receiving the work-related injury identification decision issued by the labor department, and the wages ring the period of work-related injury treatment and rehabilitation shall be paid according to the original treatment. Those who need nursing ring the period of shutdown and salary retention shall be in the charge of the unit, and the food subsidy ring hospitalization shall be paid according to your local standard. The following work-related injury benefits can be enjoyed:
4. If the disability level has been assessed and the need for life care has been confirmed by the labor ability appraisal committee, the cost of life care shall be paid monthly from the work-related injury insurance fund according to three different levels: totally unable to take care of themselves, most unable to take care of themselves or some unable to take care of themselves, The standard is respectively 50%, 40% or 30% of the average monthly salary of the employees in the overall planning area in the previous year< (1) pay a one-time disability allowance from the work injury insurance fund according to the disability level, and the level 4 disability standard is 21 months' salary
(2) the disability allowance is paid monthly from the work-related injury insurance fund. The level 4 disability standard is 75% of my salary. If the actual amount of disability allowance is lower than the local minimum wage standard, the work-related injury insurance fund will make up the difference
(3) when the injured workers reach the retirement age and go through the retirement proceres, they will stop paying disability allowance and enjoy the basic pension insurance treatment according to the relevant provisions of the state. If the basic old-age insurance benefits are lower than the disability allowance, the instrial injury insurance fund shall make up the difference
(4) the basic medical insurance premium is paid by the employer and the indivial employee based on the disability allowance
6. If you don't understand, you can ask or directly dial 12333 to consult the local labor department!
2. First of all, you should apply to the local labor department for work-related injury identification, which is the key and premise of all problems. If you do not apply for work-related injury identification, everything will be in vain. If the unit does not apply, the indivial employee must apply within one year from the date of injury
3. If the injury is identified as work-related injury, the medical expenses shall be paid in full by the employer after receiving the work-related injury identification decision issued by the labor department, and the wages ring the period of work-related injury treatment and rehabilitation shall be paid according to the original treatment. Those who need nursing ring the period of shutdown and salary retention shall be in the charge of the unit, and the food subsidy ring hospitalization shall be paid according to your local standard. The following work-related injury benefits can be enjoyed:
4. If the disability level has been assessed and the need for life care has been confirmed by the labor ability appraisal committee, the cost of life care shall be paid monthly from the work-related injury insurance fund according to three different levels: totally unable to take care of themselves, most unable to take care of themselves or some unable to take care of themselves, The standard is respectively 50%, 40% or 30% of the average monthly salary of the employees in the overall planning area in the previous year< (1) pay a one-time disability allowance from the work injury insurance fund according to the disability level, and the level 4 disability standard is 21 months' salary
(2) the disability allowance is paid monthly from the work-related injury insurance fund. The level 4 disability standard is 75% of my salary. If the actual amount of disability allowance is lower than the local minimum wage standard, the work-related injury insurance fund will make up the difference
(3) when the injured workers reach the retirement age and go through the retirement proceres, they will stop paying disability allowance and enjoy the basic pension insurance treatment according to the relevant provisions of the state. If the basic old-age insurance benefits are lower than the disability allowance, the instrial injury insurance fund shall make up the difference
(4) the basic medical insurance premium is paid by the employer and the indivial employee based on the disability allowance
6. If you don't understand, you can ask or directly dial 12333 to consult the local labor department!
3. If it's just a fracture, it can be restored to its original state in the end, and no disability is caused, it's not classified. There are only medical expenses and work delay expenses to be compensated
4.
Level three
there are the following three levels of disability:
1) psychotic symptoms are dangerous or impulsive behavior
2) psychotic symptoms lead to lack of self-care ability
(3) severe epilepsy4) hemiplegic muscle strength grade 3
The paraplegic muscle strength was grade 36) the muscle strength of both feet was less than or equal to grade 2
7) moderate dyskinesia (non limb paralysis)
There were two or more items in total apraxia, agraphia, dyslexia and agnosia There was severe scar formation in the whole body, accounting for more than 70% of the body surface area, accompanied by the limitation of more than two activities in the major joints of the limbs10) facial scar or skin graft ≥ 2 / 3 with moderate disfigurement
11) loss of one hand and thumb in the other hand
12) the thumb and index finger of both hands were missing or the function was completely lost
One side of the elbow was absent The function of one hand was completely lost, and that of the other hand was lost In both hips and knees, one joint was absent or had no function, and the extension and flexion activity of the other joint could not reach 0 °～ nine ° The first is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person One side of the hip and knee joint deformity, complete loss of function Non ipsilateral supracarpal and supramalleolar defects were found The scar deformity of the upper and lower limbs on the non ipsilateral side resulted in complete loss of function The corrected visual acuity of the other eye was ≤ 0.05 or the visual field was ≤ 16% (radius ≤ 10%) °) ; 05 or visual field ≤ 16% (radius ≤ 10 °); The corrected visual acuity of the other eye was less than 0.1 or the visual field was less than 24% (or the radius was less than 15%) °);22) breathing completely depended on trachea cannula or stoma
There was dyspnea (laryngogenic) at rest or only slight activity There was no significant difference between the two groups (P > 24) There was no significant difference between the two groups (P > 25); 30 cm2 (Note: 2 is square)26) complete defect of one side of mandible with facial soft tissue defect & gt; 30 cm2 (Note: same as above)
The defect of tongue was more than 2 / 3 of total tongue One side pneumonectomy and thoracoplasty were performed 29) one side of thoracoplasty, more than 6 ribs were removed
30)
One side pneumonectomy combined with vascular substitute revascularization was performed32) third degree atrioventricular block
(2 / 3) hepatectomy with moderate damage of liver function34) subtotal pancreatectomy, insulin dependence
(P > 35) unilateral nephrectomy, contralateral renal insufficiency and decompensation Both ureteral stricture, renal insufficiency and decompensation stage37) permanent abdominal ureterostomy
Total cystectomy was performed (P > 39) pneumoconiosis stage Ⅲ (P > 40) pneumoconiosis stage II with moderate injury of lung function and (or) moderate hypoxemia Pneumoconiosis stage II complicated with active pulmonary tuberculosis After radiation pneumonitis, pulmonary fibrosis occurred in both lobes, accompanied by moderate lung injury and (or) moderate hypoxemia43) agranulocytosis
(P > 44) aplastic anemia45) occupational chronic leukemia
Toxic hematopathy, myelodysplastic syndrome Toxic hematopathy, severe bleeding or platelet content ≤ 2 × 1010 (Note: the 10th power of 10) / L (P > 48) arsenic skin cancer (P > 49)5. As long as it is caused by working hours, you can apply for work injury
6. Simple long bone fracture without internal fixation and sequelae can be classified as grade 10 disability< Relevant laws and regulations:
I. grade 10 articles of GB / t16180-2014
5.10.2 of work injury and disability grades of occupational diseases for workers in labor capacity appraisal
those meeting 5.10.1 or one of the following articles are Grade 10 of work injury
12) patients with no or mild dysfunction after fracture healing in all parts of the body< 2. According to Article 37 of the latest regulations on work related injury insurance, employees who are identified as level 7 to level 10 disability e to work-related injury shall enjoy the following benefits:
(1) one time disability allowance shall be paid from the work-related injury insurance fund according to the disability level, with the standard of 13 months' salary for level 7 disability and 11 months' salary for level 8 disability, Grade 9 disability is 9 months' salary, grade 10 disability is 7 months' salary
(2) if the labor or employment contract is terminated or the employee himself proposes to terminate the labor or employment contract, a one-time medical subsidy for work-related injury shall be paid by the work-related injury insurance fund, and a one-time employment subsidy for disability shall be paid by the employer. The specific standards for the one-time work-related injury medical subsidy and the one-time disability employment subsidy shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.
I. grade 10 articles of GB / t16180-2014
5.10.2 of work injury and disability grades of occupational diseases for workers in labor capacity appraisal
those meeting 5.10.1 or one of the following articles are Grade 10 of work injury
12) patients with no or mild dysfunction after fracture healing in all parts of the body< 2. According to Article 37 of the latest regulations on work related injury insurance, employees who are identified as level 7 to level 10 disability e to work-related injury shall enjoy the following benefits:
(1) one time disability allowance shall be paid from the work-related injury insurance fund according to the disability level, with the standard of 13 months' salary for level 7 disability and 11 months' salary for level 8 disability, Grade 9 disability is 9 months' salary, grade 10 disability is 7 months' salary
(2) if the labor or employment contract is terminated or the employee himself proposes to terminate the labor or employment contract, a one-time medical subsidy for work-related injury shall be paid by the work-related injury insurance fund, and a one-time employment subsidy for disability shall be paid by the employer. The specific standards for the one-time work-related injury medical subsidy and the one-time disability employment subsidy shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.
7. During the period of work-related injury work stoppage, the original salary will remain unchanged and will be paid by the unit on a monthly basis
according to Article 33 of the regulations on work related injury insurance, if an employee needs to suspend work for work-related injury medical treatment e to accident injury or occupational disease at work, the original salary and welfare benefits will remain unchanged ring the period of work stoppage and salary retention, and shall be paid monthly by his unit
generally, the period of stay for work stoppage is not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended, but the extension shall not exceed 12 months, upon confirmation by the labor ability appraisal committee of the city divided into districts. After the injured worker has assessed the disability level, he shall stop paying the original treatment and enjoy the disability treatment in accordance with the relevant provisions of this chapter. If an injured worker still needs treatment after the expiration of the period of work stoppage and salary retention, he shall continue to enjoy the medical treatment for work-related injury
if the injured workers who cannot take care of themselves need nursing care ring the period of shutdown and salary retention, their work units shall be responsible for it
Article 64 the total amount of wages mentioned in these Regulations refers to the total amount of labor remuneration paid directly by the employer to all employees of the employer
the term "personal salary" as mentioned in the Regulations refers to the average monthly salary paid by the injured workers 12 months before they suffer from accidents or occupational diseases. If my salary is higher than 300% of the average salary of the staff and workers in the overall planning area, it shall be calculated according to 300% of the average salary of the staff and workers in the overall planning area; If my salary is lower than 60% of the average salary of the staff and workers in the overall planning area, it shall be calculated according to 60% of the average salary of the staff and workers in the overall planning area.
according to Article 33 of the regulations on work related injury insurance, if an employee needs to suspend work for work-related injury medical treatment e to accident injury or occupational disease at work, the original salary and welfare benefits will remain unchanged ring the period of work stoppage and salary retention, and shall be paid monthly by his unit
generally, the period of stay for work stoppage is not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended, but the extension shall not exceed 12 months, upon confirmation by the labor ability appraisal committee of the city divided into districts. After the injured worker has assessed the disability level, he shall stop paying the original treatment and enjoy the disability treatment in accordance with the relevant provisions of this chapter. If an injured worker still needs treatment after the expiration of the period of work stoppage and salary retention, he shall continue to enjoy the medical treatment for work-related injury
if the injured workers who cannot take care of themselves need nursing care ring the period of shutdown and salary retention, their work units shall be responsible for it
Article 64 the total amount of wages mentioned in these Regulations refers to the total amount of labor remuneration paid directly by the employer to all employees of the employer
the term "personal salary" as mentioned in the Regulations refers to the average monthly salary paid by the injured workers 12 months before they suffer from accidents or occupational diseases. If my salary is higher than 300% of the average salary of the staff and workers in the overall planning area, it shall be calculated according to 300% of the average salary of the staff and workers in the overall planning area; If my salary is lower than 60% of the average salary of the staff and workers in the overall planning area, it shall be calculated according to 60% of the average salary of the staff and workers in the overall planning area.
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