Fight two ribs identification level 10 disability can be sentenced

Minor or serious injuries can cause disability and require an injury evaluation.

Criminal liability is pursued on the basis of minor injuries and serious injuries, disability is the basis for compensation, and fighting is mixed fault, and compensation can be borne proportionally. The person who defends himself does not assume any responsibility.

Criminal law. Article 20: [Justifiable Defense] Where conduct taken to stop unlawful infringement is taken in order to protect the state, the public interest, or the person, property, or other rights of oneself or others from ongoing unlawful infringement, and causes harm to the unlawful offender, it is justified defense and does not bear criminal responsibility.

Where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.

Anyone who takes defensive action against a person who is committing a crime, murder, robbery, rape, kidnapping, or other violent crimes that seriously endanger personal safety, causing an unlawful offense, is not considered to be in excessive defense and does not bear criminal responsibility.

Article 234: [Crime of Intentional Injury] 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 this Law provides otherwise, follow those provisions.

Legal analysis: Under normal circumstances, if a person breaks a rib as a result of a fight, it is a grade 10 disability, and the specific amount of compensation is determined by the actual situation. Seven months' wages are usually compensated.

After the expiration of the labor contract, or if the employee himself proposes to terminate the labor contract, the work-related injury insurance will generally pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy. The specific amount of the lump sum medical benefit for work-related injuries and the lump sum disability employment allowance.

Legal basis: Article 37 of the Regulations on Work-related Injury Insurance An employee who is identified 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 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 injuries, 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.

Legal analysis: There is no accurate answer to the compensation standard for fractures caused by fighting, and the scope of personal injury compensation, according to 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, and Article 16 of the Tort Liability Law of the People's Republic of China, Bao Zhi Xiaowang includes: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of dependents, ** expenses, nursing expenses, Follow-up expenses, funeral expenses, death compensation, transportation expenses incurred by the victim's relatives for funeral matters, accommodation expenses and other reasonable expenses such as loss of work, and solatium for mental damages.

According to the provisions of the public security organs on handling injury cases, where a party is injured, the extent of the personal injury and the traces, physical evidence, and tools used as evidence shall be examined and evaluated. Where there are the conditions to conduct an immediate injury evaluation on the basis of the standards for personal injury evaluations promulgated by the relevant state departments, the victim's injuries at the time, and the hospital's diagnosis certificate, the public security organs' evaluation bodies shall submit an evaluation opinion within 24 hours of being retained, and issue an evaluation document within 3 days. According to the criteria for the identification of the degree of human injury, the injuries of two rib fractures belong to the second degree of minor injuries.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person or intentionally harms another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

10 rib fractures are counted as grade 10 disability. The work-related injury identification procedure is as follows:

1. The injured employee or his employer shall submit an application for labor ability appraisal in a timely manner;

2. An expert group composed of experts from the relevant departments of the injured employee shall conduct the appraisal;

3. The family will make the conclusion of labor ability appraisal according to the appraisal opinion of the expert group;

4. Within 20 days from the date of making the appraisal conclusion, the labor ability appraisal conclusion shall be sent to the injured employee and his employer in a timely manner, and a copy shall be sent to the social insurance agency.

The work-related injury appraisal process generally takes 60 days. From the date on which the social insurance administrative department accepts the application for recognition of work-related injury, it shall make a decision on whether to determine whether to recognize a work-related injury within the above-mentioned time limit; If the facts in the application are clear and the rights and obligations are clear, the social security administrative department shall make a decision within 15 days.

Hello, according to your description, the answer is as follows:

The victim's injuries should have amounted to minor injuries of the second degree.

A criminal suspect who intentionally injures the body of another person shall have constituted the crime of intentional injury. The principle of sentencing is up to 3 years imprisonment, short-term detention or controlled release.

1. Judicial basis for costs.

Article 234 of the Criminal Law of the People's Republic of China: Intentional bodily injury to another person shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or controlled "Standards for Determining the Degree of Human Injury" Minor Chest Injury Minor Injury Degree B).

2. Judicial basis for more than two rib fractures.

Articles 17 and 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 provide that the victim suffers personal injury, and the 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, the compensation obligor shall compensate them.