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First of all, within one year of the injury, I can apply to the local labor department for work-related injury recognition, and with the labor department's work-related injury determination decision, the disability treatment can be guaranteed.
The work-related injury ability appraisal is also the disability appraisal, and it is estimated that you can identify it as a 9-8 level disability.
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missing distal hallux of one foot; In line with the provisions of the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014 "Grade 9" and "19) Missing Distal Joints of One Foot and Bigux", it can be assessed as Grade 9 disability for work-related injuries.
Attached: "Labor Ability Appraisal of Disability Levels of Work-related Injuries and Occupational Diseases of Employees".
gb/t16180-2014
Level 9. Grading principles.
Partial organ defect, abnormal morphology, mild functional impairment, no medical dependence or general medical dependence, no impairment in self-care.
Nine-level clause series.
Anyone who meets one of the following conditions is a work-related injury grade 9.
19) missing distal hallux of one foot;
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Well, yes, that's the case, I also used to have this situation in the factory, I think it may be that you don't know if you have insurance, right? If the person who buys the insurance is injured in the factory, it is a work-related injury, if it is really good, the boss will ask someone to take you to do an appraisal first, and then go to labor arbitration, (that is, compensation).
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A fracture of the thumb of the big foot requires a work-related injury assessment and can usually be assessed as a grade 10 disability. Suffering from occupational diseases, etc. In any of the following circumstances, it shall be found to be a work-related injury:
1. Being injured in an accident during working hours and in the workplace due to work reasons; 2. Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours.
A fracture of the thumb of the big foot requires a work-related injury assessment and can usually be assessed as a grade 10 disability. In any of the following circumstances, it shall be found to be a work-related injury:
1. Being injured in an accident during working hours and in the workplace due to work reasons;
2. Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours.
3. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;
4. Suffering from occupational diseases, etc.
Article 4 of the Measures for the Determination of Work-related Injuries.
If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he or she belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
Where an application for determination of work-related injury shall be submitted to the provincial-level social insurance administrative department in accordance with the provisions of the preceding paragraph, it shall be submitted to the social insurance administrative department of the districted city level where the employer is located in accordance with the principle of territoriality.
Legal basis: According to the Regulations on Work-related Injury Insurance
Article 37 Employees who are assessed as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;
2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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Legal Analysis: Grade 6 criteria for foot-related injuries: one forefoot is missing, and the other foot only remains the hallux; One forefoot is missing, and the other foot is deformed with 2 5 toes except for the big toe, and the function is completely lost; Complete loss of function in one foot and partial loss of function in the other foot; The principle of seven-level disability determination for work-related injuries:
Most of the organs are defective or malformed, there are mild functional impairments or complications, there is general medical dependence, and there is no impairment in self-care. In this level of standard, those involving the foot mainly refer to the degree of foot muscle paralysis, and additionally: one foot 1 5 toes are missing; 1. Forefoot is missing; Grade 8 standard for work-related injuries:
Absence of a hallux on one foot and a non-hallux on the other; ......One foot is missing except for the hallux; For the feet, the role of the thumb is obvious, and the absence of the thumb has a huge impact on the function of the foot. The thumb and two other toes of one foot are missing. According to the work-related injury level standard, there are clear provisions or similar regulations, and the only ones that can match your current situation are the seven levels of work-related injury
1-5 toes of one foot are missing.
Legal basis: Regulations on Work-related Injury Insurance
Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer. Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
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