? Coal miners who suffer work-related injuries should be how to lose ten coal miners affected by a unified workers' compensation applicable standard ten work-related injuries, including three grants namely: a one-time disability benefits, a one-time injury medical subsidy, one-time disability employment The subsidy, three items total 19 months of my salary.
Article 37 of the "Work Injury Insurance Regulations" If a worker is found to be disabled from grade 7 to grade 10 due to work disability, he shall enjoy the following treatment:
(1) The one-time disability subsidy is paid from the work injury insurance fund according to the disability level. The standard is: the salary of the seven-level disabled person is 13 months, the eight-level disability is the 11-month personal salary, and the nine-level disability. For the salary of 9 months, the level 10 disability is the salary of 7 months;
(2) If the labor or employment contract expires, or if the employee himself proposes to terminate the labor or employment contract, the work injury insurance fund shall pay the one-off work-related medical subsidy, and the employer shall pay the one-time disability employment subsidy. The specific standards for one-off industrial injury medical subsidies and one-time disability employment subsidies shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Ten-level work-related injuries: 19 months of my salary
1. One-time disability subsidy: 7 months of my salary;
2, one-time work injury medical subsidy: 6 months of my salary;
3, one-time disability employment subsidy: 6 months of my salary.
Work injury identification procedure 1 Work injury identification application
(1) Applicant and application time limit
Employers and employees or their immediate family members and trade union organizations may apply.
The employer shall be diagnosed and identified as an occupational disease in the event of accidental injury or in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases. Within 24 hours, notify the labor security administrative department of the coordinating area and the social insurance agency that it participates in, and on the date of the accident injury or Within 30 days from the date of diagnosis and identification as an occupational disease, an application for written work injury identification shall be submitted to the labor and social security administrative department of the unified area. In case of special circumstances, the time limit for application may be extended as appropriate, with the consent of the labor security administrative department.
If the employer fails to file an application for work-related injury determination according to the provisions of the preceding paragraph, the employee or its immediate family member or trade union organization may, within one year from the date of the accident injury or the date of diagnosis or identification as an occupational disease, may apply to the labor security administrative department at the place where the employer is located. File an application for work injury identification.
The employer fails to submit an application for work-related injury within the prescribed time limit. During this period, the relevant expenses incurred in accordance with the Regulations on Work-related Injury Insurance and other relevant work expenses shall be borne by the employer.
(2) Application materials for work injury identification
The following materials should be submitted for the application for work injury identification:
1 Work injury identification application form; the employer and the laborer have labor proof (including factual labor relationship) proof materials; (special reminder: for those who do not sign a written labor contract, the laborer must collect the proof of fact work in time after the work accident Relevant evidence of the relationship includes: the work card, work clothes, wages, more than two witness testimonies, relevant documents of the employer, and recordings, if necessary, to fix the evidence during the period of the employer, so as to When taking responsibility, the laborer has sufficient evidence to legally protect his legitimate rights and interests through legal channels.)
2 medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate). The application form for work injury identification shall include the basic conditions such as the time, place, cause and degree of injury of the employee.
If the material provided by the applicant for work injury is incomplete, the labor security administrative department shall, in writing, inform the work injury identification applicant of all the materials that need to be corrected. After the applicant has corrected the materials in accordance with the written request, the labor security administrative department shall accept the application.
2 acceptance and forensics
After the labor security administrative department accepts the application for work injury identification, it can investigate and verify the accident injury according to the audit requirements. The employer, employees, trade union organizations, medical institutions and relevant departments have the obligation to assist in the investigation and provide evidence for the work injury. The identification of occupational disease diagnosis and diagnosis disputes shall be carried out in accordance with the relevant provisions of the Occupational Disease Prevention and Control Law. If the occupational disease diagnosis certificate or the occupational disease diagnosis certificate is obtained according to law, the labor security administrative department shall not conduct investigation and verification.
If the employee or his immediate family member or trade union organization considers it to be a work-related injury, and the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.
3 work injury identification result
The labor security administrative department shall make a decision on the identification of work-related injuries within 60 days from the date of accepting the application for work-related injury identification, and notify the employees who apply for work-related injury or their immediate family members and the unit where the employee is located. If an employee who applies for work-related injury identification or his immediate family member and the unit where the employee is concerned is dissatisfied with the conclusion of the work-related injury, he may apply for administrative reconsideration according to law; if he is dissatisfied with the reconsideration decision, he may file an administrative lawsuit according to law.
Disability identification procedure
If an employee has a work-related injury and has a disability and affects the ability to work after the treatment is relatively stable, the labor ability assessment shall be carried out. Labor ability identification refers to the level identification of labor dysfunction and the degree of self-care disorder (also known as disability identification). The medical end-of-life period, labor dysfunction, and self-care obstacles are all identified by the Labor Ability Appraisal Committee.
The level of disability is divided into ten according to the dysfunction of labor, the most important one is the first level, and the lightest is the tenth level. Levels 1 to 4 are completely incapacitated, 5 to 6 are mostly incapacitated, and 7 to 10 are partially incapacitated.
The level of self-care disorder is determined by five conditions: eating, turning over, urinating, dressing, washing, and self-moving. The five conditions require the caregiver to be the first level, the five of the five need the caregiver to be the second grade, the five of the five need the caregiver to be the third grade, and the five of the five need to be the caregiver.
(1) Applicant for disability identification: Employers, employees or their immediate family members can apply for disability identification as an applicant.
(2) Proposal of the application: The application should be submitted to the Coordinating Regional Labor Ability Appraisal Committee within 30 days after the end of the medical treatment period, and relevant information on the work injury determination and employee work injury medical treatment shall be provided. If the medical end period needs to be extended, it shall be approved by the Labor Ability Appraisal Committee.
(3) Time limit for identification: The office of the Labor Ability Appraisal Committee is located in the labor security administrative department. The labor ability appraisal committee shall make the conclusion of the labor ability appraisal within 60 days from the date of receiving the application for labor ability appraisal. If necessary, the time limit for making the labor ability appraisal conclusion may be extended for 30 days. The conclusion of the labor ability appraisal shall be delivered to the units and individuals applying for appraisal in a timely manner.
One year after the conclusion of the labor ability appraisal conclusion, if the injured employee or his immediate family member, the unit or the handling agency believes that the disability has changed, he may apply for the labor ability review and appraisal.
(4) Reconsideration application for identification dissatisfaction: If the injured employee or his immediate family member or employer disagrees with the conclusion of the disability and labor ability appraisal by the labor ability appraisal committee, he may apply for review within 15 days from the date of receipt of the appraisal conclusion. Those who are dissatisfied with the review and appraisal conclusions may apply for re-appraisal from the first-level labor ability appraisal committee within 15 days from the date of receipt of the review and appraisal conclusion. The conclusion of the labor ability appraisal made by the provincial labor ability appraisal committee is the final conclusion.
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