Can a fracture of the sole of the foot in a traffic accident constitute a grade 10 disability?

If it is a work-related injury, it can be judged as at least a grade 10 disability, but in a traffic accident, it is not always possible to determine the level of disability, and it is necessary to determine whether there is a functional impairment in the 10th grade. According to GB T16180-2014 "Labor Ability Appraisal Disability Levels of Work-related Injuries and Occupational Diseases of Employees" 10-level standard: 14) There is no functional impairment after the healing of fractures in various parts of the body; Level 10 Disability Compensation:

Grade 10 disability can receive a one-time disability subsidy paid by social security, which is 7 months' salary. Wages are calculated on average wages. When terminating the employment relationship with the enterprise, you can also receive a one-time employment subsidy, which will be paid by the enterprise.

One-time Medicaid. The one-time Medicaid and one-time employment grant are calculated in accordance with local regulations. Taking Zhejiang Province as an example, the one-time employment subsidy for grade 10 disability is 2 months' average salary of employees in the province, and the one-time medical subsidy is 2 months' average salary of employees in the province.

According to the provisions of the "Disability Assessment of Persons Injured in Road Traffic Accidents":

e.Missing (or losing function) of more than 20% of the ten toes of both feet" can be assessed as a grade 10 disability.

If it is a fracture, it depends on the recovery and the number of toe fractures, and the "loss of function" of more than 20% can be assessed as a grade 10.

The information you provide is not sufficient to determine whether you can achieve a level 10 disability.

Where a traffic accident results in a Grade 10 disability, the victim may demand compensation for medical expenses, hospital meals, nutrition, transportation, lost work, nursing care, disability equipment, and so forth. Where a Grade 10 disability has already been constituted, compensation for the corresponding disability compensation may also be requested, and the calculation of specific amounts such as spiritual comfort and living expenses for the victim's family needs to be determined in conjunction with the actual circumstances of the injured person, the handling costs of the traffic accident, and the necessary handling costs.

How to go through the compensation process in the event of a traffic accident.

The traffic accident claim procedure is:

1. In the event of a traffic accident, pay attention to protect the scene and call the police in time;

2. After receiving the traffic accident alarm, the traffic management department of the public security organ shall immediately send the traffic police to the scene and make a traffic accident identification certificate in a timely manner as evidence for handling the traffic accident;

3. Submit the claim documents and receive the compensation.

[Legal basis].Article 17 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.

The living expenses of the dependents are calculated according to the degree of the dependent's inability to work, and in accordance with the per capita consumption expenditure standard of urban residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. 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.

Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year.

Minor fractures and hidden fissures do not meet the criteria for disability, and Li Lao's more serious cases are at least grade 10 disabilities.

What is the basis of the law:

Article 17 of the Regulations on Work-related Injury Insurance Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area. In case of special circumstances, with the consent of the labor and social security administrative department, the time limit for application may be extended appropriately.

The compensation items for the 10th grade disability appraisal of bare foot fracture caused by traffic accidents include medical expenses, lost work expenses, nursing expenses, etc.

2. Lost work expenses: income of erroneous fibrillation training workers * lost work time.

3. Nursing expenses: Nursing fees are paid for those who have nurses, and lost work expenses for nursing staff who are cared for by family members.

4. Transportation expenses: Necessary expenses actually incurred.

5. Nutrition fee: follow the doctor's advice.

6. Disability compensation: If there is a disability, 1) The victim is under the age of 60: the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year of the court 20 years Disability compensation index.

2) The victim is between 60 and 74 years old (multiplied by 20 years to 6 years): per capita disposable income of urban residents or per capita net income of rural residents in the previous year [20 years - (actual age of the victim - 60 years old)] Disability compensation index.

7. Spiritual solace money: as appropriate.

1. Methods of judicial appraisal and determination.

If the ankle bone is fractured due to a traffic accident, the standard for disability level 10 is "loss of function of one limb of more than 10%". How did this 10% come about? Three joints of the lower limbs:

The hip joint, knee joint, and ankle joint account for the weight index of the lower limb, respectively28 and, the range of motion of the ankle joint is generally 70 degrees (with the ankle joint as the axis, the soles of the feet can be upturned about 20 degrees, and the downturn is about 50 degrees), and the identification is generally based on the ankle range of motion of the other uninjured foot as the reference standard, respectively, the upward upturn (professional term dorsiflexion) and inversion (professional term plantar flexion) range of motion are measured, the proportion of the activity limitation of dorsiflexion and plantar flexion is calculated, and then the average value is calculated, and then multiplied by the weight index, and the result is equal to or greater than 10%, which constitutes a grade 10 disability, Reaching 20% is a grade 9 disability. However, if both the medial malleolus and lateral malleolus are fractured, there is a possibility of definite disability, and if there is only one side, it will not constitute a disability.

If the bare foot fracture grade 10 disability is caused by a traffic accident, there is no doubt that the victim can receive a certain amount of economic compensation, but because the grade 10 disability can be recovered in a relatively short period of time, or even if it cannot be recovered, but it can still be employed in the unit, the amount of compensation will be relatively low.

If a traffic accident causes a fracture to the victim, it is not always a grade 10 disability, but it may be grade 9 or grade 10. However, in the absence of a disability appraisal report, such speculation is meaningless and must be subject to the appraisal conclusion of the appraisal agency.

1. What are the criteria for the identification of rib fracture disability?

Rib fracture disability identification criteria: grade 10 disability standard: more than 6 rib fractures, or more than 2 rib parts are missing; More than 4 rib fractures and 2 deformities healed; Grade 9 Disability Criteria:

More than 12 rib fractures, or more than 4 rib parts are missing; or more than 8 rib fractures with 4 deformities healing; Other.

2. Disability rating standards.

If the disability level is assessed in the field of insurance products, the disability assessment standards of life insurance are mainly applicable. There are 10 levels of bridge-type hoods such as disabilities, of which Level 1 is the heaviest and Level 10 is the lightest. The level of disability is determined mainly based on the impact of the degree of disability on the structural and functional impairment of the human body.

For example, if there are 12 rib fractures in the chest, a person with 8 rib fractures or 4 ribs will be assessed as a grade 9 disability, and a person with 2 ribs missing or 4 rib fractures will be identified as a grade 10 disability.

3. Fracture and disability rating standards and compensation standards.

Fractures in different parts of the body will be assessed differently, but, in general, the fracture disability level is assessed as a grade 10 disability, and the common ones are: comminuted fracture of the ulna or radius, collarbone fracture, four rib fractures or two rib missing, etc. The compensation standard for grade 10 disability is 7 months' salary.

In addition, the specific compensation standards may vary from region to region.

Article 92 of the Provisions on Procedures for Handling Road Traffic Accidents.

In order to determine the amount of damages, it is necessary to carry out a disability assessment and property loss assessment, and the parties shall negotiate to determine a qualified institution to conduct it, but if the amount of property loss is huge and is suspected of a criminal offense, it shall be entrusted by the traffic management department of the public security organ.

The costs of disability assessment and property damage assessment entrusted by the parties shall be borne by the parties.

Answer: A fracture may be a grade 10 disability traffic accident. The principle of grading the 10th grade disability is that there is a partial defect in the organ, abnormal morphology, no functional impairment, no medical dependence or general medical dependence, and no self-care disorder. If there is no functional impairment or mild degree of dysfunction after the fracture of all parts of the body is healed, it can be identified as a grade 10 disability.

If a fracture is caused by a traffic accident, it is a grade 10 disability traffic accident if the above conditions are met. Legal basis: Article 5 of the "Labor Ability Appraisal: Disability Levels of Work-related Injuries and Occupational Diseases of Employees", any person who meets or one of the following provisions is a work-related injury grade 10. Those who have no dysfunction or mild dysfunction after the fracture of various parts of the body has healed.