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What you are talking about is caused by a work-related injury or a personal tort, it is recommended to do an appraisal, so that it is convenient for you to claim in the future, you can go to my username to see, there are many lawyers who provide free** consultation, I hope to help you.
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Legal analysis: traffic accident skull fracture grade 10 disability level, but the overall everything still needs to be based on a professional doctor medical team to make relevant identification, of course, no matter what, as long as the disability level is constituted, there is a certain amount of compensation costs, but the amount of compensation will be different. Skull fracture, subarachnoid hemorrhage, intracranial effusion, presence at all three points at the same time, can constitute a grade 10 disability.
In addition to item 1, the compensation items for the victim's disability due to injury include: disability compensation, disability assistive device expenses, living expenses of dependents, and necessary expenses, nursing expenses, and follow-up expenses actually incurred due to **nursing and continuation**.
Legal basis: 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 evaluated for his or her ability to work.
State Compensation Law of the People's Republic of China》 Article 3: Where administrative organs and their staffs infringe on their personal rights in any of the following circumstances in the exercise of their administrative powers, the victims have the right to compensation: (1) illegally detaining or illegally employing administrative compulsory measures restricting citizens' personal freedom; (2) Unlawful detention or other methods of unlawful deprivation of a citizen's personal liberty; (3) Causing physical injury or death to citizens by beating or abusing others, or instigating or indulging others to beat or abuse others; (Four good stupid) illegal use of ** or police equipment to cause physical injury or death to citizens; (5) Other illegal acts that cause physical injury or death to citizens.
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There is a high probability that the work-related injury will be assessed as a grade 10 disability.
There is no specific conceptual definition of grade 10 disability, but there is a specific basis for its classification:
1. The ability to perform daily activities is partially limited.
2. The ability to work and study has declined.
3. Social communication skills are partially limited.
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Traffic accident skull fracture level 10 disability, but the overall everything still needs to be based on a professional doctor medical team to make the relevant identification, of course, no matter what, as long as it constitutes a disability level, there is a certain amount of compensation, but the amount of compensation will be different. Skull fracture, subarachnoid hemorrhage, intracranial effusion, presence at all three points at the same time, can constitute a grade 10 disability. In addition to the remaining 1 item of the paragraph, the compensation items for the disability of the victim due to injury include:
Disability compensation, disability assistive device expenses, living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. According to the law: 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 evaluated for his or her ability to work.
State Compensation Law of the People's Republic of China Article 3: Where administrative organs and their staffs infringe on their personal rights in any of the following circumstances while exercising their administrative powers, the victim has the right to receive compensation: (1) illegally detaining or illegally employing administrative compulsory measures restricting citizens' personal freedom; (2) Unlawful detention or other methods of unlawful deprivation of a citizen's personal liberty; (3) Causing bodily injury or death to citizens by beating or abusing others, or instigating or indulging others to beat or abuse others; (4) Illegally using ** or police equipment to cause bodily injury or death to citizens; (5) Other illegal acts that cause physical injury or death to citizens.
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Under normal circumstances, after the fracture **, there is no sequelae, and it is generally a grade 10 work-related injury.
Article 37 of the Regulations on Work-related Injury Insurance: If an employee is identified as having a disability of Grade 7 to Grade 10 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 shall be:
Grade 7 disability is 13 months' salary, Grade 8 disability is 11 months' salary, Grade 9 disability is 9 months' salary, and Grade 10 disability is 7 months' salary; (2) If the labor or employment contract is terminated upon expiration, or the employee proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time subsidy for work-related injury medical accompaniment and treatment, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time work-related injury medical subsidy and one-time disability employment subsidy shall be stipulated by the people of the province, Luxisong Autonomous Region and Municipality directly under the Central Government.
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Legal analysis: 1. How much does it cost to pay for a skull fracture for several levels of disability?
Generally, after the disability appraisal is carried out after the end of the **, compensation will be made according to factors such as disability level and income. The amount of compensation for fractures can only be determined according to the level of disability identification.
Article 25 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.
Disability compensation = the disposable income of urban residents (rural residents) in the previous year at the location of the court where the lawsuit is filed, the number of years of compensation, and the disability coefficient.
1. Level of compensation - the level of personal injury and disability of the victim.
2. Compensation period - the calculation method of the compensation period applicable to those under 60 years old, 60 to 75 years old, and 75 years old is different.
2. What should I do if the other party does not compensate for the traffic accident?
You can negotiate with the insurance company before the other party, and if the negotiation fails, you can sue the other party and the insurance company as co-defendants.
1. If the negotiation fails, the lawsuit may be filed in accordance with the law.
2. The driver, the owner of the vehicle and the compulsory traffic insurance company are the co-defendants.
3. When necessary, you can apply for property preservation.
4. Compensation items include medical expenses, escort expenses, lost work expenses, nutrition expenses, hospital meal subsidies, transportation expenses, spiritual solace, etc.
Legal basis: Article 25 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability of the injured person, and according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed.
However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
According to the "Identification of the Disability Degree of Work-related Injury and Occupational Disease of Employees GB T16180-2006". >>>More