If an employee breaks his leg after working at night, if it is in a factory, it can be recognized as an accidental injury outside working hours in judicial practice, and it is recognized as a work-related injury according to the second paragraph of Article 9 of the Regulations on Industrial Injury Insurance in Guangdong Province; If it has already left the factory, it is on the way to work, which is not a work-related injury.
If it is a work-related injury, the parties may apply for work-related injury identification and labor ability appraisal. The location of the fracture is not clear, so it is difficult to accurately determine the level of disability, but at least it can be assessed as level 10 disability.
regulation on work related injury insurance
Article 9 An employee shall be deemed as a work-related injury under any of the following circumstances:
(two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident;
(six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible;
Article 12 The employing unit shall, on the first working day after an employee suffers an accident injury or is diagnosed and identified as an occupational disease according to the provisions of the Law on the Prevention and Control of Occupational Diseases, notify the administrative department of social insurance in the overall planning area and the social insurance agency that participates in the insurance, and, according to the provisions of the Law on the Prevention and Control of Occupational Diseases, submit an application for the identification of work-related injuries to the administrative department of social insurance in the overall planning area within 30 days from the date when the accident injury occurs or is diagnosed and identified as an occupational disease. Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended.
If the employer fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the laborer or his close relatives and trade unions may, in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, directly apply to the regional social insurance administrative department where the employer is located for work-related injury identification within one year from the date of the accident injury or the date of diagnosis and identification as an occupational disease.
If the employer fails to apply for work-related injury identification within the time limit specified in the first paragraph of this article, it shall bear the relevant expenses such as work-related injury treatment that meets the provisions of these regulations before applying for work-related injury identification.
Thirty-fourth workers disabled at work, identified as seven to ten levels of disability, the work injury insurance fund to pay a one-time disability allowance. The standard is: 13 months salary for level 7 disability, 1 1 month salary for level 8 disability, 9 months salary for level 9 disability and 7 months salary for level 10 disability.
Seven to ten disabled workers terminate or terminate the labor relationship with the employer in accordance with the law, and the work-related injury insurance fund pays a one-time work-related injury medical subsidy, and the employer pays a one-time disability employment subsidy, and the work-related injury insurance relationship is terminated:
(a) a one-time medical subsidy for work-related injuries. The standard is: seven-level disability is my six-month salary, eight-level disability is my four-month salary, nine-level disability is my two-month salary, and ten-level disability is my one-month salary.
(two) a one-time disability employment subsidy. The criteria are: level 7 disability is my salary for 25 months, level 8 disability is my salary for 15 months, level 9 disability is my salary for 8 months, and level 10 disability is my salary for 4 months.
Article 35 The one-time medical subsidy for work-related injuries and one-time disability employment subsidy stipulated in Articles 33 and 34 of these Regulations shall be calculated and paid. If my salary is lower than the average monthly payment salary of the injured employee 12 months before the dissolution or termination of the labor relationship with the employer, it shall be calculated and paid according to the average monthly payment salary of the injured employee 12 months before the dissolution or termination of the labor relationship. If the payment salary is less than twelve months, the average monthly payment salary shall be calculated according to the actual payment months. If my average monthly payment salary is higher than the average wage of employees in the overall planning area by 300%, it shall be calculated according to the average wage of employees in the overall planning area by 300%; If it is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.
People's Republic of China (PRC) national standard
Labor ability appraisal of industrial injury and occupational disease disability grade
GB/t 16 180-20 14
5.9 Ninth grade
5.9. 1 scoring principle
Partial organ defect, abnormal morphology, mild dysfunction, no drug dependence or general drug dependence, no self-care disorder.
Nine-level clause series
Anyone who meets 5.9. 1 or one of the following clauses is a work-related injury.
23) after internal fixation or external fixation of long bone fracture of limbs;
5. 10 ten levels
5. 10. 1 classification principle
Partial organ defects, abnormal morphology, no dysfunction, no drug dependence or general drug dependence, no self-care disorder.
5. 10.2 Ten-level clause series
Anyone who meets 5. 10. 1 or one of the following clauses is rated as a work-related injury level 10.
12) There is no dysfunction or mild dysfunction after fracture healing in all parts of the body;