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1. The fracture of the distal phalange of the first phalange of the left foot is classified as a grade 10 disability according to the "Standards for the Appraisal of the Disability Degree of Work-related Injuries and Occupational Diseases of Employees" according to the work-related injury disability. 2. Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid from the work-related injury insurance ** according to the level of disability, and the standard is:
13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability; (2) If the labor or employment contract is terminated upon expiration, or the employee himself 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 employment subsidy for disability. 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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Hello, the distal first phalange of the left foot is fractured, which is not up to the level of work-related injury. If it is a comminuted fracture, it can be rated....
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The final level of work-related injury disability is subject to the disability appraisal results, and the fracture of the distal first phalange of the left foot that you describe can generally be rated as a grade 10 work-related injury.
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The fracture of the first metatarsal margin of the left foot should be considered a work-related injury. This one is not very serious.
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Yes, if you need to be conservative, it must be a grade 10 work-related injury. If surgery is required, it must be a grade 9 work-related injury.
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Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she is injured in an accident during working hours and in the workplace due to work-related reasons. (2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours.
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties. (4) Suffering from occupational diseases. (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) 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.
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The level of disability is determined by experts commissioned by the Labor Bureau, and it is not easy to say that it is accurate.
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This question for you needs the hospital's diagnosis certificate and the labor department's work-related injury recognition application, and then see how many levels the industry and commerce will do for you.
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Out of reach. The minimum work-related injury is disability grade 10. The criteria are as follows: Grade 10 disability 1) meeting one of the criteria for moderate disfigurement;
2) Facial scarring, skin grafting, foreign body pigmentation or loss of pigmentation >> 2 cm2;
3) the total scar area <5%, but 1%;
4) Patients with osteoarthritis of the spine with low back pain after trauma, aged under 50 years old;
5) Patients with intervertebral disc herniation who have not undergone surgery;
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The disability level of a broken toe requires an assessment of the ability to work class. In general, if the fracture of the lower toe is healed without sequelae, it is a grade 10 work-related injury. The 10th grade work-related injury appraisal standard includes:
Those who have partial organ defects, abnormal morphology, no functional disorders, no medical dependence, and can take care of themselves.
Compensation for fractured little toe: A lump sum disability allowance can be paid from the work-related injury insurance** according to the level of disability, and the 10th degree disability is 6 months' salary.
Criteria for determining the level of work-related injury.
In accordance with relevant regulations, the work-related injury grade appraisal standards are divided into level 1 to grade 10, with level 1 being the most serious and grade 10 being the lightest; Specifically, it is also necessary to go to the disability appraisal department of the state or department of labor failure for appraisal or to a qualified disability appraisal agency for appraisal. The common assessment standards for grade 8 to 10 disability are: 1. Grade 8 work-related injury identification standards:
Partial paralysis of both feet with muscle strength of grade 4; Partial paralysis of one foot has muscle strength of less than or equal to grade 3; No dysfunction after lobotomy; Meets one of the criteria for severe disfigurement; Facial burn skin graft greater than or equal to 1 5; 2. Grade 9 work-related injury identification standards: neck trauma leads to common cervical and internal carotid artery stenosis, and there is no functional impairment after stent placement or vascular bypass surgery; Those who meet two of the criteria for moderate disfigurement or are mildly disfigured. 3. Grade 10 work-related injury appraisal standards:
Those who have partial organ defects, and have abnormal morphology, no dysfunction, no medical dependence, and can take care of themselves.
We hope you find the above helpful, and if you have any further questions, please consult a professional lawyer.
Legal basis]: Article 35 of the Regulations on Work-related Injury Insurance, if an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;
2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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Legal Analysis: The disability level of a broken toe requires an appraisal of the level of work ability. Under normal circumstances, if the toe fracture is healed and there is no sequelae, it is a grade 10 work-related injury.
The criteria for the identification of grade 10 work-related injuries include: partial organ defects, abnormal morphology, no functional impairment, no medical dependence, and those who can take care of themselves in life.
Compensation for fractured little toe: A one-time injury and slip disability allowance can be paid from the work-related injury insurance** according to the disability level, and the 10th degree disability is 6 months' salary.
Legal basis]: Article 35 of the Regulations on Work-related Injury Insurance, if an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for 10 front deficiency disability;
2) If the labor contract is terminated upon expiration, or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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It can be preliminarily determined to be a grade 10 disability, and the specific results are subject to the results of the labor ability appraisal. Whether an employee is injured in an accident or whether he or she can apply for a labor ability appraisal has nothing to do with whether he or she is hospitalized, and is determined according to the cause of the accident injury and the degree of disability. If the toe is fractured, it will affect the ability to work, and after the work-related injury is determined and the injury is stabilized, the labor ability appraisal should be applied.
If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, the employer or the injured employee may submit an initial application for labor ability appraisal to the Labor Ability Appraisal Committee of the city divided into districts. The time limit for applying for labor ability appraisal shall not exceed 2 years from the date of making the conclusion of the determination of work-related injury. If the injured employee is unable to submit an application, his close relatives may submit the application on his behalf.
1. What materials do I need to prepare for work-related injury identification?
1. Fill in the "Labor Ability Appraisal Application Code Collapse Form", paste my recent one-inch bareheaded ** on the form, and provide the name of the unit, the detailed address of the unit, the name of the contact person of the unit and **, and notify the contact person of the unit on the spot.
2. The original and copy of the work-related injury determination decision.
3. Bring a copy of the original ID card of the person being appraised.
4. Provide complete and continuous medical record materials, among them, the original inpatient medical record needs to be provided for hospitalization (take the patient's ID card to the hospital medical record room to copy the medical record, and at the same time stamp the special seal of the hospital medical record management, that is, the original medical record), the original is retained by the identification center, and then you can go to the medical record room to mention it again. If you are not hospitalized, you need to provide the original and copy of the emergency or outpatient medical record, the original and copy of the diagnosis certificate and auxiliary examination report, and the original copy shall be retained for review.
2. What are the precautions for writing an application for work-related injury determination?
1. Fill in with a pen or signature pen, and the font is neat and clear.
2. If the applicant is an employer, the official seal of the employer shall be affixed to the applicant on the first page.
3. Fill in the specific part of the injured part in the column of the injured part.
4. In the column of diagnosis time, for occupational diseases, fill in according to the time of diagnosis of occupational diseases; If you are injured or killed, fill in the information according to the time of initial consultation.
5. A brief description of the injury should indicate the time and place of the accident, the work performed at that time, the cause of the injury, and the location and extent of the injury. Patients with occupational diseases should indicate what kind of hazardous work they are engaged in in in which unit, the start and end time, and the results of the diagnosis.
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The level of disability for a broken thumb caused by a work-related accident is usually a level 10 disability, but it is uncertain until a work-related injury disability assessment is done. According to the Regulations on Work-related Injury Insurance, if an employee requests to enjoy work-related injury and disability benefits, he or she must provide a work-related injury and disability certificate, and the employee should apply for a work-related ability appraisal after his condition is stabilized.
1. How many levels of disability is a foot and thumb fracture a work-related injury?
Under normal circumstances, fractures reach grade 10 disability, but they can only be determined after being identified by an appraisal agency.
Article 21 of the Regulations on Work-related Injury Insurance If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be appraised for his or her ability to work.
Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.
There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.
2. What materials are required to apply for work-related injury and disability identification?
1. The original and photocopy of the Decision on Determination of Work-related Injury;
2. Valid diagnosis certificates, examination and inspection reports and other complete medical record materials copied or reproduced in accordance with the relevant regulations of medical record management of medical institutions;
3. The original and photocopy of the worker's resident ID card or social security card and other valid identity certificates;
4. Other materials specified by the Labor Ability Appraisal Committee.
The labor ability appraisal committee at the districted city level shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.
If the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee at the districted city level, it may submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion.
3. What are the standards for determining work-related injuries?
Prudent "Regulations on Work-related Injury Insurance".
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
(2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours.
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties.
(4) Suffering from occupational diseases.
(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 motor vehicle accident while commuting to or from work;
(7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
In the case that the employee believes that the work-related injury has affected the individual's ability to work, the work-related injury and disability appraisal shall be made in combination with the actual situation of the employee, and the appraisal shall not be made by Xiaochai without work-related injury and disability, and the oral inference alone shall not be used as a proof of claim. If the final result is a grade 10 disability, the disability compensation is also borne by the work-related injury insurance institution.
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