Hello. I have a fractured left medial malleolus and can be rated as a work injury.

According to the "Identification of the Disability Degree of Work-related Injury and Occupational Disease of Employees GB T16180-2006".

The fracture is a grade 10 work-related injury, and the internal fixation is a grade 9.

You can look at this standard and then you can get a rough idea of the disability level.

If you don't have an implant plate fixation surgery, it is a Grade 10 work-related injury!

If the left medial malleolus bone is fractured, and the disability is grade 10 according to the "Appraisal Standards for the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees", the compensation that can be obtained is as follows:

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 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.

Hello, is your injury a work injury or some other accident? The cause of the injury is different, the appraisal department and the appraisal basis are also different, you can bring your information to a lawyer for face-to-face consultation.

Lawyer Chen Yan.

Hello, according to the "Regulations on Work-related Injury Insurance", you need to apply for work-related injury identification, and apply for labor ability appraisal to determine the disability level after identification.

Lawyer Wang Lin.

The ankle fracture work-related injury assessment is likely to be a grade 10 disability, and if there is fixation surgery, it can probably be assessed as a grade 9 disability. However, the specific level of disability must be used for the appraisal report issued by the work-related injury appraisal agency. 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. Ankle fracture work-related injury identification of several levels of disability: Ankle fracture work-related injury appraisal belongs to one of the 51 conditions below the 10-level work-related injury and occupational disease appraisal standard in Article 34 of the 10th grade, and can be recognized as a 10-level work-related injury or occupational disease.

1)- bone defect 9 24 cm², no dysfunction;

2) incomplete facial paralysis on one side;

3) mild foreign body pigmentation or loss of facial pigmentation;

4) The area of total body paralysis <30%;

Ankle fracture work-related injury identification must first apply to the local labor department for work-related injury identification, which is very critical and the premise of all problems, if the unit does not apply, the individual employee must apply within one year from the date of injury;

Extended information: Ankle fracture is a grade 10 disability in the appraisal of work-related injuries, but you should first apply to the relevant local departments for work-related injury recognition before you can do the appraisal of work-related injury level, and when the appraisal results come out, you can only ask the employer for disability compensation according to the disability level.

Legal basis: Article 25 of the Regulations on Work-related Injury Insurance stipulates that after receiving an application for labor ability appraisal, the labor ability appraisal committee of a city divided into districts shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall put forward appraisal opinions. The labor ability appraisal committee of the city divided into districts shall make the conclusion of the appraisal of the labor ability of the injured employee on the basis of the appraisal opinions of the expert group; When necessary, a qualified medical institution may be entrusted to assist in the diagnosis.

Taking work-related injuries as an example, it is assessed as grade 10 with reference to the provisions of the "Labor Ability Appraisal Disability Rating of Employees Caused by Work-related Injuries and Occupational Diseases" (GB T16180-2014) that there is no functional impairment or mild functional impairment after the fracture of all parts of the body is healed.

The right medial malleolus fracture disability may be a grade 9 or 10 disability, but the specific situation shall prevail. According to the relevant disability grading standards, disability evaluation shall be based on the destruction of human tissues and organs, functional impairments, and their dependence on medical treatment and nursing, and due consideration of the impact of social interaction and psychological factors caused by disability, and shall be confirmed after comprehensive analysis.

[Legal basis].

Classification of the degree of disability caused by human injury".

Based on the consequences or outcomes of injury, the degree of tissue and organ loss and/or dysfunction should be objectively evaluated, the causal relationship between injury and disability should be scientifically analyzed, and the appraisal should be carried out realistically.

If the injured person meets two or more levels of disability, the evaluation opinion shall indicate the level of disability in each place.

Disability classification.

This standard divides the degree of disability caused by human injury into 10 levels, from level 1 (100% human disability rate) to level 10 (human disability rate 10%), with a difference of 10% in each level of disability rate. The basis for the classification of disability is shown in Appendix A.

Basis for judgment. Based on the structural destruction and dysfunction of human tissues and organs, as well as the degree of dependence on medical treatment and nursing, and the influence of social interaction and psychological factors caused by disability, the degree of disability is comprehensively determined.

Left lateral malleolar fracture injuries can be assessed as Grade 9 or 10 disability. If an injured worker suffers an accident injury resulting in a patellar fracture and undergoes internal fixation, it may be assessed as grade 9; If it heals by other means, the hail can be rated as grade 10.

Work-related injury appraisal refers to the act of appraising the work-related injury of an employee who applies for work-related injury appraisal on the basis of the completion of his or her medical treatment or the expiration of his or her medical treatment period, and the labor ability appraisal committee at or above the districted city shall conduct an appraisal of his or her work-related injury-related matters. The scope of work-related injury appraisal includes: appraisal of working ability, appraisal and confirmation of the period of suspension of work, appraisal of nursing level, appraisal of disability assistive devices, etc.

1. How to compensate for fracture work-related injuries.

1 Medical treatment for work-related injuries.

1) If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**;

2) The work-related injury insurance** shall pay the hospital meal subsidy according to the standard stipulated by the province or city;

2 Leave of absence with pay.

1) During the period of suspension of work, the wages and benefits of the injured employee shall remain unchanged during the normal working period before the accident injury, and shall be paid by the unit on a monthly basis;

2) If the injured employee has a difficulty in taking care of himself in the early stage of hospitalization, the unit shall be responsible for the care. If the employer does not participate in work-related injury insurance, all expenses shall be borne by the employer.

Legal basis: According to Article 38 of the Social Insurance Law of the People's Republic of China, the following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4.

2. How long to rest for fracture injury.

The length of rest for fracture injuries needs to be determined according to the actual injury of the employee.

According to Article 33 of the Regulations of the People's Republic of China on Work-related Injury Insurance, if an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis.