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1.According to the described injuries, combined with the "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T 16180-2014, the disability level is about 8-9, and the specific results depend on the appraisal conclusions of the expert group of the Labor Ability Appraisal Committee;
2.First of all, it is necessary to apply to the local labor department for work-related injury recognition, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the employer does not apply, the individual employee must apply within one year from the date of injury;
3.If the injury is determined to be work-related injury, after the injury is stabilized, you can apply for a labor ability appraisal to determine the level of work-related injury, and then claim disability compensation from the employer according to the level of disability;
4.According to Article 37 of the Regulations on Work-related Injury Insurance, if a person is assessed as having a grade 8-9 disability after the appraisal of his or her working ability, he or she can enjoy the following work-related injury benefits:
1) The medical expenses shall be paid in full by the employer;
2) During the period of suspension of work and salary (during the period of work-related injury**, **), the salary shall be paid according to the original treatment;
3) The unit is responsible for the need for nursing care during the suspension period;
4) The food subsidy during the hospitalization shall be paid according to the standard of the place where the injured employee is located;
5) Workers' Compensation:
1) If you continue to work in the unit and do not resign, you will be entitled to a one-time disability subsidy according to the Regulations on Work-related Injury Insurance, which is 11 months' salary for Grade 8 work-related injuries and 9 months' wages for Grade 9 work-related injuries.
2) If you choose to quit your job, you can enjoy a one-time medical subsidy for work-related injuries and a one-time disability employment subsidy in addition to a one-time disability allowance. The specific amount is determined by the location of the injured employee, and the amount of compensation varies depending on the region, so you can call 12333 to consult the local labor department.
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The key depends on which disability assessment standard is applied, and the resulting disability level will be different.
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Wrist fracture is a loss of more than 75% of the rotational function of the forearm of the upper limb, and is generally regarded as a grade 10 disability, which is subject to the appraisal certificate of the appraisal department.
Legal basis. Grading of the degree of disability caused by human injuries》 Injuries of the spine, pelvis and limbs.
1) Fracture of the odontoid process of the pivotal vertebrae, affecting function;
2) a vertebral compression fracture (compression degree up to 1 3) or comminuted fracture; 1. Vertebral fracture after surgery**;
3) Fracture of more than four transverse processes, spinous processes or pedicles, affecting function;
4) Two or more pelvic fractures or comminuted fractures, malunion and malunion;
5) resection of one patella;
6) Cruciate ligament and meniscus with collateral ligament laceration of one side of the knee after surgery**, affecting the function;
7) long bone fractures of the limbs in adolescents involving the epiphysis;
8) Loss of rotation function of the forearm of the upper limb by more than 75%;
9) The difference in length between the two upper limbs is more than that;
10) The difference in the length of the two lower limbs is more than that;
11) Loss of function of any major joint of the limbs (except ankle joint) by more than 25%;
12) Loss of more than 50% of the function of the ankle joint;
13) Traumatic arthritis after fracture of any major joint of the lower limbs;
14) Circulatory disorders of important blood vessels of the limbs, affecting function;
15) complete loss of the little finger of one hand and partial defect of the fifth metacarpal bone;
16) loss of hallux function of one foot by more than 75%; The loss of function of one foot and 5 toes is 50%; 50% loss of hallux function in both feet; Complete loss of function of any 4 toes in both feet except the hallux;
17) 1) Comminuted fracture of the calcane, malunion;
18) Partial destruction of the arch structure of one foot;
19) Loss of hand or foot function: 10 points.
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Different body parts have different criteria for identifying disabilities; The same body part, the degree of damage is different, and the criteria for determining the level of disability are also different. If the victim has a wrist fracture and needs to be evaluated, he or she shall apply to the judicial appraisal center for an appraisal, and the specific results shall be subject to the appraisal results, and the "Classification of the Degree of Disability Caused by Human Injuries" may be consulted. If it is a work-related injury, go to the Labor Ability Appraisal Committee for appraisal, and the specific results shall be subject to the appraisal results, and you can refer to the "Disability Level of Work-related Injuries and Occupational Diseases of Employees in the Labor Ability Appraisal".
1. Rib fractures can be counted as several levels of disability.
It depends on the specific situation of the rib fracture. At present, there are two main standards commonly used, the "Classification of the Disability Degree of Human Injury" and the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability".
1. Identification of personal injuries other than work-related injuries, according to the provisions of the "Classification of Disability Caused by Human Injury", level 10: more than 6 rib fractures, or more than 2 rib parts are missing; More than 4 rib fractures and 2 deformities healed;
2. Work-related injuries shall be subject to the provisions of Article 14 of the municipal standard of "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability", and in the case of general fractures, "there is no functional impairment after the fracture of all parts of the body is healed", it shall be assessed as a grade 10 disability.
2. Is the reference basis for the appraisal of traffic disability level and work-related injury grade the same?
1. The identification of disability level is different from the identification of labor ability of work-related injury.
The labor ability appraisal is carried out by the labor ability appraisal committee only after the work-related injury is identified; Disability level appraisal refers to the judicial appraisal conducted by the personal injury compensation marking, that is, the appraisal conducted by the judicial appraisal institution.
2. The procedures for the appraisal of disability level and the appraisal of labor ability for work-related injuries are different from the applicable standards.
The appraisal of labor ability refers to the application of the employer or the injured employee to the labor ability appraisal committee under the precondition of the determination of work-related injury, and the applicable standard is the "Disability Level of Work-related Injury and Occupational Disease of Employees in Labor Ability Appraisal"; Disability level appraisal refers to the compensation after the occurrence of personal injury, which is negotiated by both parties to apply to a judicial appraisal agency or the people's court designates a judicial appraisal agency to conduct the appraisal. The applicable standard is the standard of the "Classification of the Degree of Disability Caused by Human Injury".
3. Although the appraisal procedures of the two are different from those of the appraisal institutions, they are basically similar in terms of the correspondence between the two standards to the level of disability. In real life, if different identification procedures and standards are applied to different injuries of different natures, there will be no cross-impact. However, it is often the case that the injured worker is injured by an industrial injury, and it cannot be recognized as a work-related injury due to the limitation of objective conditions, and in the case that the work-related injury appraisal (labor ability appraisal) cannot be carried out, it is not allowed to apply for the appraisal of the degree of disability caused by the physical injury (disability grade appraisal), which is a transposition compensation method that cannot be adopted, although the two are different (but basically close), and this method can only be applied.
Because it is not recognized as a work-related injury, it is not possible to conduct a labor ability appraisal.
Labor Energy Sen Dou Lap Force Identification of Employees' Work-related Injuries and Occupational Diseases Disability Grade" full text.
Full text of the classification of the degree of disability caused by human injury.
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It depends on the specific plot. Wrist fractures are rated as grade 10 disability according to work-related injuries, but the specific situation should be consulted with the legal appraisal department. The wrist fracture of the employee's work-related injury can be assessed as positive stretching, because the degree of fracture, the way of the fracture, and the functional recovery status may be identified at different levels, and the local labor ability appraisal committee needs to conduct a comprehensive assessment according to the degree of functional loss of the worker, and the final disability appraisal conclusion shall prevail.
Legal basis. Article 33 of the Regulations on Work-related Injury Insurance.
If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months.
After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
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Summary. Legal Analysis When assessing the level of disability, the following factors need to be considered:1
Disability location: A wrist fracture is a limb fracture, and its disability level is related to the severity and scope of the fracture. 2.
Functional impairment: Wrist fractures may lead to hand dysfunction, such as limited finger movement and decreased hand strength, which can also affect the assessment of disability level. 3.
Factors such as age, occupation, and education: These factors may affect the injured person's ability and employment prospects, as well as the assessment of the disability level. <>
How to pay for a wrist fracture as a few levels of disability.
Legal basis According to the Interim Provisions of the People's Republic of China on the Appraisal and Recognition of Labor Ability, the disability level of a wrist fracture is the <> assessed by Xianyan according to the degree of disability
Legal Analysis When assessing the level of disability, the following factors need to be considered:1Disability Parts:
A wrist fracture is a fracture of the limbs, and its disability level is related to the severity and extent of the fracture. 2.Dysfunction:
A wrist fracture may lead to hand dysfunction such as limited finger movement and decreased hand strength, which can also affect the assessment of disability level. 3.Factors such as age, occupation, and education level:
These factors may affect the injured person's ability and employment prospects, and will also have an impact on the assessment of the disability level. <>
Legal basis: According to the assessment results, the employer shall pay compensation in accordance with relevant regulations. The specific compensation standards and methods of this may vary depending on the region, industry, company size, etc
According to the assessment results, the employer shall make compensation in accordance with relevant regulations. The specific compensation standards and methods may vary depending on the region, industry, company size, etc., and it is necessary to consult the local labor and social security department or the company's human resources and resources department to understand the latest relevant policies and regulations.
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The ankle joint is inflexible because of the long period of fixation, and it takes a long time to move, and it varies depending on the person's functional exercise. In short, it can be restored to the same as before, so there is no need to worry about this. It will take at least a year to remove the plate, and this is also determined by the healing of each person's fracture, and you should ask your attending doctor. >>>More
1.According to the described injuries, combined with the provisions of Item 12 of the 10-level disability appraisal standard GB T 16180-2014 "no dysfunction or mild dysfunction after the healing of fractures in various parts of the body", the disability level is about 10, and the specific results depend on the appraisal conclusion of the expert group of the labor ability appraisal committee; >>>More