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According to the standard for the appraisal of work-related injury labor capacity (GB T 16180 2006), simple vertebral bone fracture is a grade 10, unless the compression of the pyramidal bone is obvious after fracture. If it is a vertebral body fissure (a congenital disease), the injury is not counted, then there is no disability level.
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Legal Analysis: 1. The disability appraisal level is appraised by the appraisal department, and the compensation standard is based on the appraisal grade. The coefficient of the disability level as the compensation standard, that is, the corresponding percentage coefficient from 1 to 10 is 100 to 10, respectively, and the specific calculation method is as follows:
Level 1 disability is the per capita disposable income of urban residents or the per capita net income of rural residents multiplied by 20 years and then multiplied by 100, the level 2 disability multiplied by 90, and so on, multiplied by 20 for grade 9 disability and 10 times for grade 10 disability.
2. The standard of disability compensation is:
1) Medical expenses Medical expenses include the expenses paid by the parties for the injury and illness, such as the fees, examination fees, surgery fees, medical expenses, hospitalization fees, medical expenses, cosmetic surgery fees and follow-up expenses. (2) Lost work pay Lost time pay is determined according to the lost time and income of the parties. (3) Nursing expenses Nursing expenses are determined according to the income status of nursing staff, the number of nursing personnel, and the duration of nursing care.
4) Transportation expenses are calculated according to the actual expenses incurred by the parties and necessary escorts for medical treatment or hospital transfer**, as well as the relatives of the deceased (no more than three persons) who participated in the handling of the fatal accident. (5) Accommodation expenses The accommodation expenses actually incurred by the parties themselves and their escorts from other places to the city to deal with traffic accidents. (6) Hospitalization meal allowance shall be determined with reference to the standard of business trip meal allowance for general staff of state organs.
7) Nutrition expenses Nutrition expenses refer to the expenses incurred by the parties to purchase nutritional products other than the daily diet in order to assist ** or make the body as soon as possible**. The nutrition fee shall be determined according to the degree of disability of the person concerned, with reference to the opinions of the hospital and the voucher of nutrition expenses.
Legal basis: Article 35 of the Regulations on Work-related Injury Insurance Article 35 If an employee is identified as having a disability of grade 7 to 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 is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;
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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Summary. The key depends on the extent of the fracture, its location, and the degree of recovery. It's hard to be sure, so here are the following criteria, so refer to it yourself. According to the "Labor Ability Appraisal Disability Levels of Work-related Injuries and Occupational Diseases of Employees".
Grade 9 or more posterior posterior low back pain after transverse process fracture Segmental spinal fixation 3, Compression of the anterior edge of the spine less than half of the height 4, Discectomy.
Grade 8 The height of the anterior edge of the vertebral compression is higher than one-half.
Grade 6 Spinal fracture sequelae less than 30° deformity with radicular neuralgia.
Grade 5 Spinal fracture with posterior deformity greater than 30° with severe radicular neuralgia.
I have a fracture of 2-4 lumbar vertebrae, how many levels of disability can I rate?
Hello, we are working hard to find the answer for you, please be patient.
The key depends on the extent of the fracture, its location, and the degree of recovery. It's hard to be sure, so here are the following criteria, so refer to it yourself. According to the "Labor Ability Appraisal Disability Grade of Work-related Injuries and Occupational Diseases of Employees" 9 levels of low back pain after more transverse process fractures Segmental spinal fixation 3, the height of the leading edge of spinal compression is less than half 4, the height of the anterior edge of the vertebral compression is 8 grade 6 The height of the front edge of the vertebral compression rubber is higher than one-half 6 The sequelae of spinal fracture are less than 30° deformity with radicular neuralgia grade 5 The sequelae of spinal fracture is greater than 30° deformity with severe rolling radicular neuralgia.
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If an employee has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall conduct a grade appraisal of the degree of labor dysfunction and the degree of self-care impairment in accordance with the law, as well as an appraisal of his or her ability to work. Among them, labor dysfunction is divided into ten levels of disability, the most severe is level 1, and the lightest level is level 10. There are three levels of self-care disorders:
Unable to take care of oneself at all, unable to take care of oneself for most of one's life, and unable to take care of oneself partially. Employees injured at work shall enjoy different levels of work-related injury benefits in accordance with the disability appraisal issued by the labor ability appraisal department. If the compression fracture of the spine is reduced by more than 1 2 at the front edge, this is about level 8, and the work-related injury needs to be identified at the labor bureau first, and then apply for labor ability level appraisal.
Finally, the compensation is calculated according to the grade, salary, and age.
Article 22 of the Regulations on Work-related Injury Insurance: The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care disorder. There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders:
Unable to take care of oneself at all, unable to take care of most of oneself and unable to take care of oneself in part of life. The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.
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1. How much can I compensate for the level of disability of lumbar vertebra fracture?
1. It should constitute a grade 10 disability. Item (14) of Level 10 of the "Appraisal Standards for the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees" (GB T): "There is no functional impairment after the fracture of all parts of the body is healed".
2. Within one month from the date of injury, you can request the employer to apply to the Labor Bureau for recognition of work-related injury; Or within one year from the date of injury, you can apply in person. Then, apply to the labor ability appraisal committee of the city divided into districts to assess the disability level. After that, they will enjoy medical treatment for work-related injuries.
3. The following materials shall be submitted to submit an application for work-related injury identification: (1) an application form for work-related injury identification; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate). The application form for determination of work-related injury shall include basic information such as the time of the accident, the location, the cause, and the degree of injury to the employee.
Second, how much can be compensated for rib fractures and lumbar transverse process fractures?
According to the description, it can be judged to be at least a Grade 9 disability 1 or a Grade 9 disability at work-related injury, and a one-time disability subsidy can be applied for in the work-related injury benefit after the results of the labor ability appraisal are released. When the employment relationship with the employer is terminated, you can receive a one-time employment subsidy and a one-time medical subsidy. 2. Amount:
The one-time disability allowance for Class 9 disability is 9 months' salary, calculated on the basis of the average salary of the previous 12 months. The amount of the one-time Medicaid and one-time employment grant is calculated based on local regulations. Take Zhejiang Province as an example:
The one-time employment subsidy for grade 9 disability is 4 months' average monthly wage for on-the-job workers in the province; The one-time medical subsidy is the average monthly wage of on-the-job employees in the province for 4 months.
3. What level of disability can be assessed for a transverse process fracture on one side of a work-related injury?
It depends on your specific situation, and it is recommended to do a work-related injury assessment.
According to the national standard "Appraisal of the Disability Degree of Work-related Injuries and Occupational Diseases of Employees", the appraisal results are divided into 10 levels, of which disability level 1-4 is complete loss of working ability, disability level 5-6 is mostly loss of working ability, and disability level 7-10 is partial loss of working ability.
Disability rating criteria.
Disability levels are classified from levels 1 to 10.
3. How much is the compensation standard for lumbar vertebra fractures?
There are three types of compensation for lumbar vertebral fractures for work-related injuries if they reach the minimum level 10 or above disability, namely: one-time disability allowance (paid by social security to the injured), one-time medical subsidy (paid by social security to the injured - some areas stipulate that the compensation is paid by the enterprise to the injured), and one-time disability reemployment (paid by the enterprise to the injured). If you do not terminate the labor contract (meaning that you continue to work in this unit), you can only receive a one-time disability subsidy (in some places, you can also receive a one-time medical subsidy if you do not terminate the labor relationship); If the labor contract is terminated with the employer, you can get a one-time disability re-employment allowance and a one-time medical subsidy; If the employment contract is not terminated, it will not be obtained temporarily.
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There is no specific provision for the disability rating of bone fractures in the Disability Rating Standards. From the perspective of orthopedics, if the bone crack and fracture are well healed and there are no postoperative sequelae, Qing Yanhui can generally be identified as a grade 10 disability. However, if the bone is cracked, it is generally difficult to assess the disability.
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 the work-related injury insurance, and the standard is:
13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability. 2. If the labor or employment contract is terminated upon expiration, or the employee himself 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 for disability. 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.
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, Article 18 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.
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