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1. Article 8 of the Administrative Measures for the Appraisal of Labor Ability of Employees Injured at Work 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.
2. Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as a Grade 7 to Grade 10 disability due to work-related disability, he or she 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.
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According to the "Standards for the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees", a missing part of the distal part of the thumb belongs to the ninth grade disability. Article 35 Where an employee is identified as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard shall be:
Grade 7 disability is one month's salary, Grade 8 disability is one month's salary, Grade 9 disability is one month's salary, and Grade 10 disability is one month's salary; (2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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First, the loss of the right thumb function of the party belongs to the level of disability, depending on the cause of the disability, the compensation standard for work-related injury and personal injury is different, of course, the level of disability needs to be submitted to the local appraisal department with appraisal qualifications; Disability determination is the basis of all compensation:
1. If it is a work-related injury, combined with the information provided by the parties, the reference range of disability: grade 7 work-related injury, judgment criteria: a thumb interphalangeal joint is broken; 1. Deformity of the interphalangeal joint of the thumb, complete loss of function;
2. In the case of personal injury, the scope of compensation 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, etc. Second, the standard of disability treatment from grade 7 to grade 10 for work-related injuries:
1) One-time disability allowance:
1. The salary of the seventh-level disabled person is 13 months.
2. The salary of the person with a grade 8 disability is 11 months.
3. 9 months' salary for grade 9 disability.
4. The salary of the person with a grade 10 disability is 7 months.
2) If the labor contract is terminated upon expiration, or the employee himself proposes to terminate the labor 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 employment subsidy for disability;
3) Specific standards shall be prescribed by the people of provinces, autonomous regions, and municipalities directly under the Central Government. III. Disability Compensation Standards for Personal Injury: 1. According to the standards of forensic science, the degree of incapacity of a disabled person is divided into 10 levels, and the date of disability is calculated as 20 years according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed.
However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 shall be counted as five years; 2. For other compensation items and standards, please refer 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.
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The absence of the right thumb can be judged as grade 8 depending on the situation.
Legal basis: Article 5 of the "Classification of the Degree of Disability Caused by Human Injury" The appraisal principle should be based on the consequences or outcomes of the injury, objectively evaluate the degree of tissue and organ loss or dysfunction, scientifically analyze the causal relationship between the injury and the disability, and conduct the appraisal in a realistic manner. If the injured person meets two or more levels of disability, the evaluation opinion shall indicate the level of disability in each place.
Article 9 of the Classification of the Degree of Disability Caused by Human Body Injuries is based on the structural destruction and dysfunction of human tissues and organs, as well as the degree of dependence on medical treatment and nursing, and due consideration of the impact of social interaction and psychological factors caused by disability, to comprehensively determine the level of disability.
Grading of the degree of disability caused by human injuries Article 17 Grade 8 Injuries to the spine, pelvis and limbs: 11) The thumb of one hand is missing up to 1 2 or more proximal phalanx and the corresponding metacarpophalangeal joint is rigidized and fixed.
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If it is an accident involving military personnel, traffic, work-related injuries or public security, resulting in the loss of the victim's right thumb (including metacarpal bone), it can be assessed as a grade 5 disability.
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If the thumb is gone, his disability rating is generally relatively high, and you can consult the forensic doctor for details, he has a disability standard.
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The injury can be identified as a work-related injury grade 8.
According to the "Disability Level of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T 16180-2014
Eight-level grading principle.
Partial organ defect, morphological abnormality, mild functional impairment, general medical dependence, no independence of life.
15) In addition to the thumb and index finger of one hand, the proximal interphalangeal joints of two fingers are severed;
16) In addition to the thumb and index finger, there are two fingers in one hand with complete loss of proximal phalangeal joint function;
17) A thumb interphalangeal joint is severed;
18) Deformity of the interphalangeal joint of one thumb, complete loss of function;
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1.1 2 missing distal part of the thumb; one segment of the index finger is missing; It is a Grade 9 disability. 2.
1 2 missing distal part of the thumb; index finger with two segments and three segments missing; It is an eighth-level disability. 3.missing distal thumb; index finger missing below three segments; It is a seventh-grade disability.
4.missing thumb; index finger missing below three segments; It is a sixth-grade disability.
Questions. If the first section of the right thumb is broken, what level of disability does it belong to?
After the disease is cured, it generally does not affect life, and may affect part of the ability to work. Can only be rated as a grade 10 disability (1Partial limitation of the ability to perform daily activities; 2.
a decline in the ability to work and study; 3.Partially limited social communication skills. It's not even rated as disabled.
Questions. I had an accident at the construction site, if it is a grade 10 disability, how do I need to compensate for the specific construction site?
1. Apply for work-related injury identification 2, work-related injury identification is passed, you or your authorized unit receive the work-related injury identification decision 3, take the work-related injury identification certificate and related materials to apply for labor ability appraisal 4, the labor ability appraisal application result is estimated to come out in about 10 days, and determine the disability level for you (if you reach the lowest level of 10, there will be compensation, one-time disability subsidy, medical subsidy, and employment subsidy. One is 11 months' salary) 5, fill in the application form for work-related injury medical treatment 6, work-related injury insurance medical expenses reimbursement (all medical expenses except for a very small number of non-insured drugs, medical transportation, accommodation, nutrition expenses, etc. can be reimbursed) There are specific standards for nutrition expenses and transportation expenses.
Questions. One-time disability benefits, medical benefits, employment benefits. Together is 11 months' salary.
That is, adding up to my 11 months' salary?
The specific situation also needs to be based on the results of the disability assessment. to make compensation.
Questions. Good.
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Hello Level 9-10 or so, the specific also depends on the impact of the function. It is recommended to apply for a work-related injury determination at the Human Resources and Social Security Bureau and ask questions.
How to compensate for grade 10 work-related injuries?
Hello medical expenses. Reimbursement of medical expenses, including hospitalization, training, and work-related injuries; 2.Hospitalization meal subsidy, transportation, room and board expenses; 3.
The salary during the suspension period is equal to the employee's original salary and benefits; 4.For grade 10 disability, the one-time disability allowance is 7 months' salary.
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If an employee's right thumb is severed due to a work-related injury, if it is a partial distal joint, it meets the provisions of the national standard "Disability Grade of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014 "Grade 9" and "15) 1 2 Missing Part of the Distal Part of the Thumb", and shall be assessed as Grade 9 Disability; If it is severed from the joint, it meets the requirements of "Grade 8" and "17) Severed Thumb Phalangeal Joint", and shall be assessed as Grade 8 disability.
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The length of the thumb has a lot to do with the grade; 1.The thumb is amputated by one-half of the distal segment, and the disability is determined to be grade 9; 2.amputated one section of the thumb is rated as a grade 7 disability; 3.
The thumb was amputated, and the 6th grade disability was determined. Specifically, you must go to the local labor department to apply for disability identification.
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Hello, if the right thumb is severed, if it is partially severed, it should be assessed as a grade 9 disability; If it is severed from the joint, the interphalangeal joint of the thumb shall be assessed as a grade 8 disability.
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"Identification and Grading of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees" - the relevant part of the hand.
i) Level 9. 24) 1 2 missing part of the distal part of the thumb;
25) Missing two segments of the index finger of one hand;
26) Thumb knuckle insufficiency;
j) Grade 10. 26) Severed or loss of function of the distal interphalangeal joint of any finger except the thumb;
29) partial dysfunction of the interphalangeal joint of the first thumb;
31) Except for the thumb, the remaining 3 to 4 distal fingers are missing.
Based on the above, I have consulted with the teacher that you meet the last two of the 10 levels of disability, and the two are combined into one, and the final assessment is up to 9 level 9.
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A broken section of the right thumb is a first-degree disability, and it can be identified by the Disability Identification Department.
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A broken thumb is considered about level 8, so consult a lawyer for details. Or ask the hospital doctor to issue a disability report.
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It depends on how well you are recovering and how impaired your function is. The thumb is the functional finger of the hand, and if the function is completely lost, it is a severe disability. Level 4, but depending on the specific function.
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According to the level of disability, the thumb is three fingers, and it can reach the seventh to eighth level of disability, which needs to be judged by the disability appraisal center.
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If you were injured on the job, you can file a work-related injury. After applying for a work-related injury, a disability level assessment is required. If the right thumb is severed, it can be identified as a seventh-grade work-related injury, and the disability subsidy of 13 months' salary can be enjoyed.
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If a finger is broken, it is generally considered a grade 10 disability, and it is a partial limitation of daily activities.
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Work-related injuries may be at levels 8 to 9 according to the provisions of GB T16180-2014 for the disability level of work-related injuries and occupational diseases of employees in the appraisal of labor ability.
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Thumb phalange fracture, after subsequent identification, should be able to meet the labor ability appraisal of the 10th grade of disability in the disability level of work-related injuries and occupational diseases, if there are sequelae, there is a chance to upgrade the level.
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Injury, according to the "Labor Ability Appraisal of Work-related Injuries and Occupational Diseases Disability Grade" GB T16180-2014, may be in the eighth to ninth grade. Personal injury, according to the "Road Traffic Accident Injured Persons Disability Assessment".
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The middle finger knuckle of the right hand is severed due to the worker's work-related injury, which meets the national standard "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014 "Level 10" "5) The distal interphalangeal joint of any finger except the thumb of one finger is severed or the function is lost; shall be assessed as a grade 10 disability.
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Grade 9 disability, in the case of a work-related injury, can apply for three months of leave.
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Ten thumbs are broken, which is considered a minor injury, that is, a ninth-level disability.
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A broken half of the right thumb should be assessed as a grade 9 disability.
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Summary. The missing section of the thumb in the work-related accident meets the requirements of the seventh-level disability standard. The criteria for Level 7 disability are as follows:
16) A thumb interphalangeal joint is severed;
17) Deformity of the interphalangeal joint of one thumb, complete loss of function;
18) In one hand, except for the thumb, the proximal interphalangeal joints of the other 2 3 fingers (including the index finger) are severed; Wait a minute.
Legal basis] Labor ability appraisal of employees' work-related injuries and occupational disease disability levels
The criteria for Level 7 disability are as follows:
1. Severed interphalangeal joints of the thumb;
1. Deformity of the interphalangeal joint of the thumb, complete loss of function;
In one hand, except for the thumb, the proximal interphalangeal joints of the other 2 3 fingers (including the index finger) are severed;
Loss of function of proximal interphalangeal joints of 2 and 3 fingers (including index finger) in one hand except for the thumb.
What level of disability is missing one section of the right thumb?
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The missing section of the thumb in the work-related accident meets the requirements of the seventh-level disability standard. The standard alumina sources for grade 7 disability are as follows: 16) disarticulation between the joints between the thumbs and fingers; 17) Deformity of the interphalangeal joint of one thumb, complete loss of function; 18) In addition to the thumb of one hand, the proximal interphalangeal joints of the other 2 3 fingers (including the index finger) are severed; Wait a minute.
Legal basis] The criteria for the seventh-level disability of the "Labor Ability Appraisal of the Disability Level of Employees Caused by Work-related Injuries and Occupational Diseases" are as follows: 1. Broken interphalangeal joints of the thumb; 1. Deformity of the interphalangeal joint of the thumb, complete loss of function; One hand except the thumb, the other collapsed 2 3 fingers (including the index finger) proximal interphalangeal joint dissociation; Loss of function of proximal interphalangeal joints of 2 and 3 fingers (including index finger) in one hand except for the thumb.
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