问题 问答题 论述题

2005年6月,19岁的李某从东北农村来到北京,经亲戚介绍到一家印刷厂当了一名印刷工。2007年8月,已有两年多工作经验的李某,在工作中不慎将左手卷进机器,虽经医院紧急抢救,仍没有保留住李某的左手。在医院治疗期间,劳动社会保障部门认定了李某的工伤。2008年3月李某治疗终结后,被指定的工伤鉴定机构确定为工伤致残四级。身为农民的李某失去了劳动能力,给其今后生活带来了许多困难。在其家人的陪同下,他向印刷厂提出按国家规定支付一次性伤残补助金、异地安家费、并按社会平均寿命70岁计算,一次性支付他抚恤金58万元。

请回答下列问题:

(1)李某的要求是否有法律依据?(8分)

(2)根据法律规定,李某应享受什么样的工伤致残待遇?(12分)

答案

参考答案:

【评分标准】P313(20分)

(1)法律依据分析

①李某的要求部分有法律依据。(2分)

②李某要求厂里一次性支付伤残补助金有法律依据。(2分)

③李某要求厂里支付异地安家费没有法律依据,因为李某本身是外地人员,不存在异地安家问题,因此他不能享受此待遇。(2分)

④李某要求一次性支付他抚恤金58万元没有法律依据。(2分)

(2)李某应享受的工伤致残待遇:

①因工负伤被鉴定为一至四级的,应退出生产工作岗位,保留劳动关系,发给工伤伤残抚恤证件。(3分)

②按月发给伤残抚恤金,李某为四级伤残,抚恤金标准为李某工资的75%。(3分)

③发给一次性伤残补助金,李某为四级伤残可得到其18个月的本人工资。(3分)

④患病时按医疗保险有关规定执行,对其中由个人负担的部分遇有困难时,由工伤保险基金酌情补助。(3分)

选择题
填空题

When I was growing up, I was embarrassed to be seen with my father. He (1) severely crippled and very short, and when we would walk together, his hand on my arm (2) balance, people would stare. I would inwardly be afraid (3) squirm at the unwanted attention. If he ever noticed or was bothered, he never let (4) .
It was difficult to coordinate (5) steps - his halting, mine impatient - and because of that, we didn’t say much as we went along. But as we started out, he always said, "You (6) the pace. I will try to adjust to you. "
Our usual walk was to or (7) the subway, which was how he got to (8) . He went to work sick, and (9) nasty weather. He almost never missed a day, and would (10) it to the office even if (11) could not: a matter of pride!
He never talked about himself as an object of pity, (12) did he show any envy of the more fortunate or able. What he looked for in others was a "good heart", and if he found one, the owner was good enough for him.
Now that I am older, I believe that is a proper standard (13) which to judge people, even though I still don’t know precisely (14) a "good heart" is. But I know the times I don’t have one myself.
He has (15) gone many years now, but I think (16) him often. I wonder if he sensed my reluctance to be seen with him during our (17) . If he did, I am (18) I never told him how sorry I was, how unworthy I was, how I regretted it. I think of him when I complain about trifles, when I am (19) of another’s good fortune, when I don’t have a "good heart".
At such times I put my hand on his arm to regain my (20) , and say, "You set the pace, I will try to adjust to you.\