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Serious injury level 2 does not correspond to the disability level.
Serious Injury Level 2 is a criminal judicial appraisal conclusion, which is based on the primary trauma of the victim's injury and is assessed in accordance with the "Standards for the Appraisal of the Degree of Human Injury" of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice.
The level of disability is an appraisal conclusion applicable to civil compensation, and is an appraisal conclusion assessed in accordance with the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice's "Classification of the Degree of Disability Caused by Human Injury" of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice.
The applicable standards for the evaluation of the second degree of serious injury and the level of disability are different, and the timing and purpose of the evaluation are different, and there is no correspondence.
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Serious injury level 2 can constitute a high-level disability or a low-level disability (or no disability), and the level of injury and disability are different levels.
Although the level of disability is subject to appraisal.
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Legal Analysis: It is not possible to determine the level of disability of the second degree of serious injury, and a disability assessment is required.
Legal basis: "Regulations on Work-related Injury Insurance" Article 17 If an employee learns that he or she has been injured in a ruined accident or has been diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he or she 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 social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located. Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality. If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.
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Legal analysis: There are only minor injuries, serious injuries and minor injuries, there is no grade of injury, and there are ten levels of disability, the most serious is level 1, and the lightest level is level 10.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Where there are other provisions in this Law, the lead roll shall be in accordance with the provisions.
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Summary. Hello, according to your description, the second level of serious injury is generally the sixth degree of disability. A Level 6 disability is defined if:
1. Mild intellectual injury; 2. Those with psychotic symptoms that affect their ability to work in the occupation; 3. Triplegic muscle strength level 4; 4. Grade 4 muscle strength of both lower limbs of paraplegia with mild urination disorder; 5. Muscle strength of both hands total muscle paralysis level 4.
Hello, according to your description, the second level of serious injury is generally the sixth degree of disability. If the following conditions are met, then it is a level 6 disability: 1. Mild intellectual impairment; 2. Those with psychotic symptoms that affect their ability to work in the occupation; 3. Triplegic muscle strength level 4; 4. Grade 4 muscle strength of both lower limbs of paraplegia with mild urination disorder; 5. Muscle strength of both hands total muscle paralysis level 4.
Hello, Article 6 of the Standards for the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees Level 6 Disability: 1. Mild intellectual injury; 2. Those with psychotic symptoms that affect their ability to work in the occupation; 3. Triplegic muscle strength level 4; 4. Grade 4 muscle strength of both lower limbs of paraplegia with mild urination disorder; 5. Muscle strength of both hands total muscle paralysis level 4. 6. Partial paralysis of both feet: Grade 2; 7. Muscle strength of unipedal total muscle paralysis grade 2; 8. Mild movement disorder (non-limb paralysis); 9. Incomplete aphasia; 10. Severe facial foreign body pigmentation or loss.
Hello, but the specific level of disability still needs to be recognized by a professional organization.
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Legal analysis: Serious injuries belong to several levels of disability, which need to be judged by the parties to do an injury appraisal. The details are as follows:
1. Serious injury level 1: primary injury caused by various injury factors or complications caused by primary injury, which is seriously life-threatening; Leaving a limb with severe disability or severe disfigurement; Severe loss of hearing, vision, or other vital organ functions;
2. Serious injury level 2: primary injury caused by various injury factors or complications caused by primary injury, which is life-threatening. Leaving a limb crippled or mildly disfigured; Loss of hearing, vision, or other vital organ function.
Legal basis: Article 63 of the Criminal Procedure Law of the People's Republic of China: Where the evaluation body of a public security organ has the capacity to conduct an immediate injury evaluation on the basis of the standards for the evaluation of personal injuries promulgated by the relevant state departments, the victim's injuries at the time, and the hospital's diagnosis certificate, it shall submit an evaluation opinion within 24 hours of being retained, and issue an evaluation document within 3 days.
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