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If a worker is seriously injured in the second grade, if it is determined to be a work-related injury, the specific level of disability that can be identified as several levels of disability needs to be comprehensively assessed by the local labor ability appraisal committee according to the degree of injury and the injured part of the worker, and the final disability appraisal conclusion shall prevail.
1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);
3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.
4. If the employee does not have a labor contract or other evidence to prove the existence of an employment relationship and is unable to apply for a work-related injury determination, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
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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: 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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Summary. Hello, it's a pleasure to answer for you. It depends.
If the following circumstances are met, then it is a grade 6 disability, and the party at fault can be required to pay tort damages: 1. Mild intellectual impairment 2, psychotic symptoms affecting the ability to work 3, triplegic muscle strength level 4 4, paraplegia double lower limb muscle strength level 4 with mild voiding disorder 5, and bilateral total muscle paralysis muscle strength level 4. Where a person is severely injured and is a second-degree disability that requires a disability evaluation, the disability evaluation of the personal injury is based on the "Standards for the Appraisal of the Degree of Disability of Human Injury (Trial)", and the level of disability can only be determined when compensation can be determined.
1. Mild intellectual impairment 2, Tricular psychotic symptoms affecting occupational labor ability 3, Triplegia muscle strength level 4 4, paraplegia double lower limb muscle strength level 4 with mild voiding disorder 5, double open mu hand total muscle paralysis muscle strength level 4. Where a person is severely injured and is a second-degree disability that requires a disability evaluation, the disability evaluation of the personal injury is based on the "Standards for the Appraisal of the Degree of Disability of Human Injury (Trial)", and the level of disability can only be determined when compensation can be determined.
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 compensation obligor shall accompany and compensate the victim for personal injury, and the various expenses incurred due to medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the necessary expenses incurred by the victim due to the increase in the early needs of living and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to ** nursing and continuation**, and the compensation obligor shall also compensate Lu Dana.
Is the second degree of serious injury in the judicial appraisal the second level of disability?
No, dear.
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