What should I do if the meniscus injury is assessed for disability, and the meniscus injury is not e

Hehe, the same ..I also applied and am waiting.

1: If the disability is assessed, whether it is to go to the local labor bureau to assess the disability; First, it must be recognized as a work-related injury, and then it should be rated, and the rating materials should be submitted to the local labor and social security bureau (such as the county social security bureau), and they will then send it to the city for rating, or they can send it themselves.

2: Is it better to ask the factory to ask them to apply for disability assessment, if the factory does not agree, we will go to the labor bureau ourselves; If you propose to the factory, the factory generally agrees, and if the factory pays the work-related injury insurance, it will have no impact on the factory. If the factory does not agree, you will apply to the labor bureau yourself, which may be related to labor arbitration.

3: Do you have to resign before the disability assessment? No. If I want to, I can bring it up and compensate for it.

4: Assuming it is a grade 10 disability, I read on the Internet that it says that there are more than 50,000 yuan, but my relative's monthly basic salary is only.

Eight hundred yuan, no matter how I calculate, it seems that it is only 800 11 = 8800, and the error is a bit big. The term "personal salary" refers to the average monthly salary paid by the injured employee in the 12 months prior to the accident injury or occupational disease caused by work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.

It's not 11 months, it's 7 months. The specific amount depends on your average monthly contribution salary, or at least 60% of the average salary of employees in the overall area. There won't be more than 5w!

Lawyer's answer: 1. Disability assessment is disability appraisal, and you can go to the local judicial appraisal department or disability appraisal agency to evaluate the disability level, not the labor bureau.

2. The disability assessment does not require the consent of the unit, and the worker has the right to apply for appraisal when he suffers from a work-related injury.

3. There is no need to resign for disability assessment, and disability assessment is only for the basis for compensation.

4. According to the latest "Regulations on Work-related Injury Insurance", a one-time disability subsidy for grade 10 disability: 7 months' salary (average salary for 12 months before injury). If you resign, you can also get a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability

Legal analysis: for meniscus injury this disease can be assessed disability, if the meniscus injury belongs to a conservative **, the meniscus is basically healed, this level of disability is generally 10, if the injury is sutured, or even meniscus resection, the function of the knee joint is impaired, according to the knee joint function is partially limited can be rated 7 or 8 grade. First of all, the selection of appraisal institutions, because forensic science appraisal has now been marketized, should choose a qualified appraisal agency filed with the people's court to do it, so as to avoid the appraisal results not being recognized by the court due to the issue of appraisal qualifications after going to the court.

Secondly, after the selection of the appraisal agency, it is the problem of entrusting the appraisal, because the appraisal agency generally does not accept the entrustment of the individual land and air, so if it is entrusted by the traffic management department of the public security organ in the accident handling stage; If the people's court is in the early stage of the lawsuit, the people's court may entrust an appraisal; If a lawyer is entrusted to compensate for compensation, it can also be entrusted by the lawyer's law firm; The mediation between the two parties can also be entrusted by the insurance company that underwrites the vehicle.

After applying to the court or the traffic management authority of the Public Security Bureau, after obtaining approval, the applicant with the power of attorney for appraisal shall bring the diagnosis certificate and discharge certificate of the hospital and related examination reports, ** and other relevant materials to the medical appraisal institution designated by the approval authority for appraisal. The forensic doctor shall make a Disability Assessment Report within 20 days after the assessment materials are complete.

Legal basis: The "Traffic Disability Standards" stipulates that "the assessment time shall be based on the injury directly caused by the accident or the end of the injury caused by the injury". Generally speaking, early assessment may lead to an increase in the level of disability and damage to the interests of the compensation obligor; Delay will lower the level of disability and harm the interests of the injured.

Therefore, it should be determined after the end of the year. The so-called ** termination generally refers to the stable clinical effect recognized by the general principles of clinical medicine. Termination is not the same.

Legal analysis: traffic accident meniscus injury can be assessed as disabled, the injured part after the traffic accident is not the basis for assessing disability, for any civil subject, if there is a traffic accident and after the injury, if you suspect that you have been disabled, you can submit a request for disability appraisal to the special department, and you also need to provide relevant materials for the traffic accident.

Legal basis: Minxiao Civil Code of the People's Republic of China Article 1179 Anyone who infringes upon others and causes personal injury to the bridge mill manuscript shall compensate for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work.

where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.

Legal analysis: The compensation provided to the victim by the compensation obligor (the perpetrator Yuwudong and the insurance company) in a traffic accident mainly includes 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 compensation obligor shall also compensate for the disability compensation, the cost of disability assistive devices, the living expenses of the dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred as a result of ** nursing and continuation**; Where the victim dies, compensation shall also be made for funeral expenses, living expenses for dependents, death compensation, and other reasonable expenses such as transportation expenses, lodging expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

The second paragraph of Article 49 of the "Provisions on Procedures for Handling Traffic Accidents" stipulates that if a party is disabled due to a traffic accident, the disability level shall be assessed by a qualified disability appraisal institution after the end of the first term. Therefore, the disability assessment should be completed by **, usually three months after discharge, but if the injury has been stabilized, the disability level can be assessed in advance according to the recommendation of the medical institution to a qualified disability appraisal agency.

If there is a fixation (such as a steel nail installed in a fracture**), the fixation must be removed before the disability can be evaluated.

If the appraisal is carried out before the end of the case, and the end has not yet been made at this time, it is impossible to judge whether the victim will leave a certain impact on the injury after the end of the accident and whether it can be intact, and the evaluation made based on the victim's injury at this time is not objective and cannot reflect and reflect the situation after the end of the case.

Disability appraisal institutions may be entrusted by law firms, or by the traffic management departments of public security organs, or by the parties themselves, but before entrusting, it is necessary to understand whether the appraisal bodies have the corresponding appraisal qualifications, otherwise their appraisal conclusions may not be obtained from the court.

1. What materials do I need to provide for disability appraisal in traffic accidents?

1. ID card (household registration book without ID card).

2. Entrustment appraisal (issued by a law firm or traffic team).

3. Traffic accident certificate.

4. Medical records, diagnosis certificates, admission records, and discharge summaries.

5. X-ray, CT film and report.

2. How long does it take for the results of traffic accident disability appraisal to be available?

According to Article 28 of the General Principles of Judicial Appraisal Procedures of the Ministry of Justice, a judicial appraisal institution shall complete the appraisal within 30 working days from the effective date of the power of attorney for judicial authentication. Where the appraisal matters involve complex, difficult, or special technical issues, or the appraisal process requires a long period of time, the time limit for completing the appraisal may be extended with the approval of the responsible person for that institution, and the extended time limit must generally not exceed 30 working days. Where the time limit for evaluation is extended, the client shall be promptly informed.

The degree of meniscus injury is also mild and severe, and the degree of disability cannot be determined only by the diagnosis certificate issued by the hospital, and it is also possible that the degree of meniscus injury can be fully recovered after the hospital's ** work is over, so whether it is necessary to do a disability assessment needs to be determined by the victim in combination with the degree of personal injury.