Can conservative treatment of spleen rupture become a grade 10 disability What level must be reached

Whether a worker's spleen rupture can be achieved as a grade 10 disability requires a comprehensive assessment by the local labor ability appraisal committee according to the degree of injury and the location of the injury, 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.

Can a ruptured spleen become a grade 10 disability?

1. Spleen rupture is conservative** according to the identification standard of work-related injury and disability; Grade 10 disability.

2. Measures for the Management of Labor Ability Appraisal of Employees Injured at Work

Article 8 To apply for labor ability appraisal, the applicant shall fill in the application form for labor ability appraisal and submit the following materials:

1) The original and photocopy of the "Decision on the Determination of Work-related Injury";

2) Complete medical record materials such as valid diagnosis certificates, examination and inspection reports copied or reproduced in accordance with the relevant provisions of medical institution medical record management;

3) The original and photocopy of the worker's resident ID card or social security card and other valid identification documents;

4) Other materials specified by the Labor Ability Appraisal Committee.

If it can be cured, it is not considered a disability, and the so-called disability assessment is a change that has a significant impact on life and work after recovery compared with no injury.

This must be **after**, depending on your **situation. Not to look at the severity of the situation.

Spleen rupture conservative** according to the work-related injury disability identification standard; Grade 10 disability. Employees who are identified as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits:

1. A one-time disability allowance shall be paid according to the level of disability from the 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 injury, 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.

The spleen is the largest immune organ in the human body, with a total of 25% of the body's lymphoid tissue, containing a large number of lymphocytes and macrophages, and has also become the center of the body's cellular immunity and humoral immunity.

Disability is the degree of disability of a human organ, and if the victim's injury meets the criteria for the level of disability in the Assessment of the Disability of Persons Injured in Road Traffic Accidents (hereinafter referred to as the "Assessment"), then there is a possibility of constituting a disability. Splenectomy is based on the "Assessment" and has the possibility of constituting disability, specifically:

1. Grade 9 disability standard: partial spleen resection.

2. Grade 8 disability standard: splenectomy.

After the victim's injury is determined to be disabled, the victim may, in accordance with the provisions of the Tort Liability Law, the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (hereinafter referred to as the "Interpretation") and other laws and interpretations, claim disability compensation, post-disability nursing expenses, disability assistive device expenses, living expenses for dependents, solatium for mental damages, and other specific items.

In terms of the specific amount of compensation, the amount of each item and the impact of accident liability on accident compensation should be considered

1. Calculation of compensation items.

In disability cases, the most common types of compensation are in car accident cases, and in addition to specific items, there are also medical expenses, lost work expenses, nursing expenses, nutrition expenses, transportation expenses, and accommodation expenses. The calculation of each item is based on the standards set out in the Interpretation and relevant local regulations. Traffic accident disability level compensation standard.

2. Contribution of the amount of compensation.

If all parties are liable for the accident, then the issue of allocation of damage may be involved. In the case of injury caused by a motor vehicle, after the compulsory motor vehicle insurance company settles the claim, the insufficient part shall be shared by all parties according to the proportion of the accident liability.

The driver, the car owner, and the insurance company can be required to pay compensation for medical expenses, food allowances, transportation expenses, disability compensation, lost work expenses, nursing expenses, etc. through litigation. For example, if you have an urban hukou, or a rural hukou who has lived and worked in an urban area for one year, the disability compensation for level 10 is estimated to be more than 50,000 yuan, which varies from region to region. Do you belong to **?

If the spleen ruptures caused by work-related injuries of employees, different levels of disability can be assessed because of repair, partial resection, or total resection.

National Standards of the People's Republic of China.

Labor ability appraisal of employees' disability levels caused by work-related injuries and occupational diseases

gb/t16180-2014

Seven-level grading principle.

Most of the organs are defective or malformed, with mild dysfunction or complications, general medical dependence, and no independence in life.

Seven levels of clause series.

Anyone who meets one of the following conditions is a work-related injury grade 7.

47) splenectomy;

Eight-level grading principle.

Partial organ defect, morphological abnormality, mild functional impairment, general medical dependence, no independence of life.

Eight levels of clause series.

Anyone who meets one of the following conditions is a work-related injury grade 8.

56) partial splenectomy;

Grading principles. Partial organ defect, abnormal morphology, mild functional impairment, no medical dependence or general medical dependence, no impairment in self-care.

Nine-level clause series.

Anyone who meets one of the following conditions is a work-related injury grade 9.

42) After thoracic and abdominal organ exploration or repair.

Legal Analysis: Depending on whether the spleen is repaired, partially resected, or totally removed, the level of disability can be assessed.

Grade 7: most of the organs are defective or malformed, there are mild functional impairments or complications, there is general medical dependence, and there is no impairment in self-care.

Grade 8: Partial organ defect, coarse and simple morphological abnormalities, mild functional impairment, general medical dependence, no self-care disorder.

Grade 9: Thoracic and abdominal visceral exploration or repair surgery.

Legal basis: According to Article 572 of the "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability": Anyone who meets one of the following provisions is a seventh-grade work-related injury: splenectomy.