Compensation case of distal radius fracture caused by work-related injury

Legal Analysis: Case Summary: On April 20 17 10, Zhang was recruited to xx Electromechanical Co., Ltd. as a painting technician with a monthly salary of 3,000 yuan. The company did not sign a written labor contract with Zhang, nor did it handle social insurance according to law. At about 9: 00 a.m. on June 10, when Zhang was carrying out sandblasting and pressure regulation work near the sandblasting tank in the factory area of the company, the sandblasting tank suddenly exploded, causing an accident, causing serious injuries to Zhang's left calf and other parts. After the accident, Zhang was promptly sent to an orthopedic hospital for treatment, and was later diagnosed as: 1, left Monteggia fracture, 2, styloid process and scaphoid fracture of right radius, 3, complete amputation of the end of right index finger, 4, large-area skin crush injury and contusion of both upper limbs, 5, distal radius fracture of right ulna, and dislocation of lower radioulnar joint. During hospitalization, the company has paid all medical expenses and corresponding hospitalization and discharge nursing expenses, transportation expenses, hospitalization food subsidies, assistive devices fees, appraisal fees and other expenses. However, Zhang asked the company to declare a work-related injury for himself according to law. The company only verbally identified it as a work-related injury, but always refused to declare a work-related injury to the labor administrative department.

Lawyer of Shaanxi Renhe Law Firm, as Zhang's agent, filed an application for work-related injury identification with the labor administrative department according to law. 20 1 1 654381On October 26th, Momo Human Resources and Social Security Bureau made (20 1 1) No.5 "Work-related Injury Confirmation Decision" in accordance with the law, and identified Zhang's accidental injury as a work-related injury.

On May 2nd, 20 1 1 year, Zhang was assessed as a disabled person with a disability grade of eight according to law by the Labor Ability Appraisal Committee, which belonged to partial loss of working ability due to work. Upon confirmation, he stopped work with pay 12 months, 20 1 1 year.

After the appraisal conclusion was made, Zhang and the company failed to negotiate many times on the treatment of work-related injuries. Zhang's attorney applies to the Labor Dispute Arbitration Committee for arbitration according to law.

Legal basis: People's Republic of China (PRC) Social Insurance Law.

Article 38 The following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations:

(a) medical expenses and rehabilitation expenses for the treatment of work-related injuries; (2) Hospitalization food subsidy; (3) coordinating the transportation and accommodation expenses for medical treatment outside the region; (four) the cost of installing and configuring assistive devices for the disabled; (5) Living nursing expenses confirmed by the labor ability appraisal committee; (6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV; (7) One-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved.

Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with state regulations:

(a) wages and benefits during the treatment of work-related injuries; (two) five or six disabled workers receive monthly disability allowance; (3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums according to law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund.

The industrial injury insurance benefits paid in advance from the industrial injury insurance fund shall be repaid by the employer. If the employer fails to repay, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.