If the injury is assessed as a grade 10 disability, how is the medical treatment period determined?

If the rest is less than 12 months, the certificate issued by the hospital shall prevail, and more than 12 months will need to be evaluated. In practice, the hospital certificate or appraisal shall prevail.

**: Minutes of the Seminar on Labor Arbitration Cases in Jiangsu Province, Su Lao Zhong Committee 2007 No. 1 According to the third paragraph of Article 31 of the Regulations on Work-related Injury Insurance - Before the Amendment, if the injured employee is unable to take care of himself and needs nursing care during the period of suspension of work and salary, the employer shall be responsible. If the employer fails to provide nursing care or agrees to the employee's own nursing care, the nursing fee standard shall be handled according to the following circumstances:

If there is a special nurse to care for them during the hospitalization, it shall be determined according to the amount indicated in the nursing fee receipt; Where care is arranged for relatives with a fixed income**, it shall be determined according to the amount indicated in the income certificate of their relatives, but shall not exceed the average social wage of local employees in the previous year; If the care of relatives without a fixed income** is arranged, it can be determined according to the level of the local general care worker market**. In principle, the nursing staff shall be one person, except where the medical establishment or appraisal body has a clear opinion. After being discharged from the hospital, if the injured employee needs to be cared for, he or she shall be certified by the medical institution and shall be implemented according to the above standards.

During the medical treatment period, it is still necessary to look at the diagnosis and certificate of the hospital. The new Regulations on Work-related Injury Insurance stipulate that: Article 37 An employee who is assessed as having a disability of Grade 7 to Grade 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 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.

The appraisal agency will give it.

The criteria for disability assessment levels 1 to 10 and compensation are as follows:

1. First-level disability compensation standard: a one-time disability subsidy is paid from work-related injury insurance**, and the standard is 27 months' salary;

2. Second-level disability compensation standard: a one-time disability subsidy is paid from the work-related injury insurance**, and the standard is 25 months' salary;

3. Disability compensation standard: a one-time disability subsidy is paid from the work-related injury insurance**, and the standard is 23 months' salary;

4. Level 4 disability compensation standard: a one-time disability subsidy is paid from work-related injury insurance**, and the standard is 21 months' salary;

5. Level 5 disability compensation standard: a one-time disability subsidy is paid from the work-related injury insurance**, and the standard is 18 months' salary;

6. Level 6 disability compensation standard: a one-time disability subsidy is paid from the work-related injury insurance**, and the standard is 16 months' salary;

7. Grade 7 disability compensation standard: a one-time disability subsidy is paid from the work-related injury insurance**, and the standard is 13 months' salary;

8. Grade 8 disability compensation standard: a one-time disability subsidy is paid from the work-related injury insurance**, and the standard is 11 months' salary;

9. Grade 9 disability compensation standard: a one-time disability subsidy is paid from the work-related injury insurance**, and the standard is 9 months' salary;

10. Grade 10 disability compensation standard: a one-time disability subsidy is paid from the work-related injury insurance**, and the standard is 7 months' salary.

Legal analysis: Medical malpractice is the main source of doctor-patient disputes, patients and medical staff who are returned to the hospital in the process of medical treatment and encounter medical accidents often consider how to protect their rights and interests through legal means at the first time.

Legal basis: Article 50 of the Regulations on the Handling of Medical Accidents includes 11 items of compensation for medical accidents, specifically: medical expenses, lost work expenses, hospital meal subsidies, escort expenses, disability living allowances, disability equipment expenses, funeral expenses, living expenses for dependents, transportation expenses, accommodation expenses, mental injury solatium, etc., and relatively clearly stipulates the calculation standards and calculation methods of the World Bureau for the above-mentioned compensation items.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases》 Article 6: Medical expenses are to be determined on the basis of receipts such as medical expenses and hospitalization fees issued by medical establishments, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.

The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance. The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.