Can an injury such as a comminuted fracture of the middle finger be classified as a work related inj

Updated on healthy 2024-02-09
23 answers
  1. Anonymous users2024-02-05

    The disability appraisal of comminuted fractures is generally grade 8 to 9, and the specific level is subject to the appraisal made by the appraisal institution. The parties shall provide true, complete, and sufficient appraisal materials to the forensic appraisal body, and be responsible for the authenticity and legality of the appraisal materials.

    Legal basis] Article 18 of the General Principles of Judicial Appraisal Procedures: After a judicial appraisal institution accepts an appraisal entrustment, it shall designate a judicial expert with the qualification to practice the appraisal matter to conduct the appraisal. Where the client has special requirements, upon mutual agreement, a qualified forensic evaluator may also be selected from that institution to conduct the evaluation. Clients must not request or imply that forensic appraisal establishments or forensic evaluators provide appraisal opinions in accordance with their intentions or specific purposes.

    Article 19: Forensic appraisal establishments shall designate or select two forensic evaluators to conduct evaluations of the same appraisal matter; For complex, difficult, or special appraisal matters, multiple judicial evaluators may be designated or selected to conduct the appraisal. Article 36: Forensic evaluation institutions and forensic evaluators shall draft forensic evaluation opinions in accordance with the uniform text format.

  2. Anonymous users2024-02-04

    As long as you are injured at work, whether it is serious or not, it can be classified as a work injury, I hope your fingers will get better soon! Be sure to apply the medicine on time!

  3. Anonymous users2024-02-03

    Yes, it is estimated that it can be set to level seven or eight.

  4. Anonymous users2024-02-02

    The one-time disability allowance is 7 months' salary.

    The comminuted fracture of the left middle finger caused by an employee's work-related injury meets the provisions of the national standard "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014 "Grade 10" and "12) Those who have no functional impairment or mild functional impairment after the fracture of various parts of the body has healed", and shall be assessed as a grade 10 disability.

    According to Articles 30, 33, 37 and 62 of the Regulations on Work-related Injury Insurance, employees who are identified as having a Grade 10 disability shall enjoy the following benefits:

    1. If the work-related injury expenses meet the "three catalogs", they shall be paid by the work-related injury insurance, and those who agree to use them shall bear the non-conforming principles;

    2. The work-related injury insurance** shall pay the hospital meal subsidy in accordance with the local regulations;

    3. The work-related injury insurance** shall pay the labor ability appraisal fee;

    4. The original salary and benefits during the suspension period shall remain unchanged and shall be paid by the employer;

    5. A one-time disability subsidy paid by work-related injury insurance** is 7 months' salary;

    6. When the labor relationship is dissolved or terminated, the work-related injury insurance shall pay a one-time medical subsidy, and the employer shall pay a one-time employment subsidy, and the specific standards shall be prescribed by the province, municipality directly under the Central Government and autonomous region.

    If the employer does not participate in the insurance, the above expenses shall be paid by the employer.

  5. Anonymous users2024-02-01

    First of all, it is clear that as long as the injury is caused by work-related reasons in the course of work or in the workplace, you can apply for a work-related injury determination. However, whether a work-related injury constitutes a work-related injury disability can only be determined through the disability level appraisal. Under normal circumstances, the comminuted fracture of the middle finger of one hand, if it can be ****, it cannot constitute a disability level, as long as the medical expenses, lost work expenses, nutrition expenses, etc. are compensated.

    However, if you are unable to ** and have functional impairment, it can constitute a grade 10 disability, and in addition to the above compensation, you should also be compensated for super compensation, which is generally 6 months of the local employee's disposable income in the previous year.

  6. Anonymous users2024-01-31

    It should be counted as a grade 10 disability.

    Level 10 disability is classified according to:

    a.mild limitation of the ability to perform daily activities;

    b.a decline in the ability to work and study;

    c.Mild limitations in social communication skills.

    Work-related injury identification. Grade 10 disability compensation standard.

    1.A one-time disability allowance for 6 months is paid by the social security institution. The compensation base is 2,551 yuan, and the 6 months are 15,306 yuan.

    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 disability employment subsidy of RMB 2,551 and RMB 10,204 for four months, and a one-time medical subsidy for work-related injuries of RMB 2,551 and RMB 2,551 for one month.

    The one-time disability subsidy is 15,306 yuan + the one-time disability employment subsidy is 10,204 yuan + the one-time work-related injury medical subsidy is 2,551 yuan and 28,061 yuan.

  7. Anonymous users2024-01-30

    Answer: Comprehensive analysis of 9 and 10 levels, but subject to the expert appraisal results commissioned by the Labor Bureau. Level 10 pays 9 months' salary.

  8. Anonymous users2024-01-29

    In the case you mentioned, the comminuted fracture of the left middle finger should generally be recognized as 9 to 10 according to the level of work-related injury.

  9. Anonymous users2024-01-28

    Comminuted fracture of the left middle finger, which has caused functional impairment, should be assessed as a work-related injury. However, it is necessary to apply to the local work-related injury and disability assessment committee, and the disability level can be assessed after appraisal before it can have legal benefits.

  10. Anonymous users2024-01-27

    The specific level still depends on the recovery situation. At the same time, you go to the labor bureau to determine the work-related injury. **Go home to recuperate.

    Comminuted fractures generally require about six months to ten months of recuperation. After recovery, when it comes to work, a disability assessment and functional deficit are done. After the results are out, it can be calculated according to local standards.

  11. Anonymous users2024-01-26

    In the event of a work-related injury, first apply to the Human Resources and Social Security Bureau for work-related injury determination.

    **After stabilization, apply for disability level appraisal and obtain work-related injury benefits according to the grade.

    Articles 35 and 37 of the Regulations on Work-related Injury Insurance.

  12. Anonymous users2024-01-25

    In this case, you must go to the hospital specified by the local ** department to complete the appraisal before you can enjoy the work-related injury benefits, and the specific situation of the compensation must be determined by the level of disability you have.

  13. Anonymous users2024-01-24

    The middle finger of the left hand does not reach the disability level. Switching to an index finger or thumb is fine.

  14. Anonymous users2024-01-23

    Hello, as you mentioned, in the case of work-related injuries, it is necessary to do a labor ability appraisal, and the appraisal agency will conduct it in accordance with the law, and the appraisal results can be calculated according to the relevant standards.

  15. Anonymous users2024-01-22

    If it happens in the workplace, it is best to go to a special professional agency to identify the grade, it is better to do the appraisal early than later, and you will naturally know how much you will lose after the identification.

  16. Anonymous users2024-01-21

    This is not up to you, work-related injury compensation should be graded through the labor skill injury of the professional department.

  17. Anonymous users2024-01-20

    Comminuted fracture of the left middle finger is counted as a work-related injury, which generally needs to be signed for disability and compensated according to the disability appraisal.

  18. Anonymous users2024-01-19

    It is advisable to apply for a disability assessment.

  19. Anonymous users2024-01-18

    Middle finger fracture, according to the work-related injury appraisal standard of grade 9 or 10 disability; If it is a traffic accident disability, it is a grade 10 disability; Other. The degree of work-related injury and disability is comprehensively determined and graded according to the degree of organ damage, dysfunction and dependence on medical treatment and daily life care of the work-related injury disabled person at the time of technical appraisal of the disability level, and due consideration of the influence of social and psychological factors caused by the disability.

    [Legal basis]."Labor Ability Appraisal of Disability Levels of Work-related Injuries and Occupational Diseases of Employees".

    Level 9. Grading principles.

    Partial organ defect, abnormal morphology, mild functional impairment, no medical dependence or general medical dependence, no impairment in self-care.

    Level 10. Grading principles.

    Partial organ defect, abnormal morphology, no dysfunction, no medical dependence or general medical dependence, no self-care disorder.

  20. Anonymous users2024-01-17

    The disability assessment of middle finger fracture is based on the severity of the fracture, the mode of fracture, and functional recovery. For mild middle finger avulsion fractures, patients are treated with external fixation**, and generally recover well, with little impact on function, and there is generally no way to assess disability. Of course, it also depends on the patient's functional recovery after fracture, if the functional recovery is not good and there is a disability, it can be assessed as a grade 10 disability.

    Anxin Medical wishes you a happy life!

  21. Anonymous users2024-01-16

    Comminuted fractures of the left index finger and middle finger can generally be assessed as a grade 9 work-related injury. In the course of work, if you encounter an accident injury, you should immediately go to the medical institution that signed the service agreement for medical treatment, and in case of emergency, you can first go to the nearest medical institution for first aid. At the same time, apply to the local labor and social security administrative department for work-related injury recognition in a timely manner.

    After being recognized as a work-related injury, you should take the work-related injury certificate to the local labor ability appraisal committee to apply for disability level appraisal. After obtaining the work-related injury certificate and the disability grade appraisal certificate, you can go to the work-related injury insurance agency of the employer or the labor and social security department to receive work-related injury insurance benefits. If the employer does not participate in the work-related injury insurance, the work-related injury insurance benefits shall be paid by the employer.

    If the employer participates in the work-related injury insurance, the work-related injury insurance agency shall pay the work-related injury insurance benefits according to the standard from the work-related injury insurance**. If an injured employee is not satisfied with the conclusion of the work-related injury determination of the labor and social security department, he or she may also file an administrative reconsideration within 60 days of receiving the work-related injury determination; Those who are dissatisfied with the reconsideration decision may file an administrative lawsuit with the local people's court within 15 days.

    Article 4 of the Regulations on Work-related Injury Insurance stipulates that the employer shall publicize the relevant information on the participation in work-related injury insurance within the unit. Employers and employees shall abide by the laws and regulations on work safety and the prevention and treatment of occupational diseases, implement safety and health regulations and standards, prevent the occurrence of work-related accidents, and avoid and reduce the hazards of occupational diseases. When an employee suffers a work-related injury, the employer shall take measures to ensure that the injured employee receives timely treatment.

    Article 5 The social insurance administrative department is responsible for the work of work-related injury insurance nationwide. The local people's social insurance administrative departments at or above the county level shall be responsible for the work-related injury insurance work within their respective administrative areas. The social insurance agency (hereinafter referred to as the agency) established by the social insurance administrative department in accordance with the relevant provisions of the social insurance department specifically undertakes work-related injury insurance affairs.

    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.

  22. Anonymous users2024-01-15

    According to the provisions of the "Labor Ability Appraisal Disability Rating for Employees Caused by Work-related Injuries and Occupational Diseases" (GB T 16180-2014) Level 10 12) "No dysfunction or mild dysfunction after the healing of fractures in various parts of the body" or 5) "One finger except the thumb, the distal interphalangeal joint of any finger is severed or lost function", it can be assessed as a grade 10 disability.

  23. Anonymous users2024-01-14

    According to the provisions of the "Labor Ability Appraisal Disability Rating for Employees Caused by Work-related Injuries and Occupational Diseases" (GB T 16180-2014) Level 10 12) "No dysfunction or mild dysfunction after the healing of fractures in various parts of the body" or 5) "One finger except the thumb, the distal interphalangeal joint of any finger is severed or lost function", it can be assessed as a grade 10 disability.

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