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In line with the provisions of the national standard "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014 "Level 10" and "12) Those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body" shall be assessed as Grade 10 disability.
According to the provisions of Articles 30, 33, 37, 62 and 64 of the Regulations on Work-related Injury Insurance, employees who are injured at work and are identified as having a Grade 10 disability shall enjoy the following benefits in addition to the medical treatment of work-related injuries and the wages and benefits during the period of suspension of work
1. A one-time disability subsidy paid by work-related injury insurance** is 7 months' salary;
2. When the labor relationship is dissolved or terminated, 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, and the specific standards shall be stipulated in the province, or municipality directly under the Central Government or autonomous region.
If the unit does not participate in the insurance, it shall be paid by the unit.
Personal wages refer to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases at 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.
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According to the provisions of the "Labor Ability Appraisal Disability Rating for Employees Caused by Work-related Injuries and Occupational Diseases" (GB T 16180-2014) Level 10 12) "No dysfunction or mild dysfunction after the healing of fractures in various parts of the body" or 5) "One finger except the thumb, the distal interphalangeal joint of any finger is severed or lost function", it can be assessed as a grade 10 disability.
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1. Is it a work-related injury? Traffic accident injuries? What kind of personal injury is it?
2. The appraisal standards for work-related injury and disability are different from those for traffic accident disability. 3. No matter what kind of personal injury it is, it needs to be assessed and determined by a special appraisal agency. The above answers are for reference only.
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Comminuted fracture of the finger is assessed according to the basis of the work-related injury disability assessment, and it is generally a grade 10 or 9 disability.
If the comminuted fracture of the finger falls under the "loss of function score of 10 points", it is considered a grade 10 disability; If it falls under the "loss of function score of 25 points", it is considered a level 9 disability. Dull.
Legal basis] Article 21 of the Regulations on Work-related Injury Insurance stipulates that if an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be evaluated for his or her ability to work.
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It must be counted, because as long as the fracture is a grade 10 disability. However, you have to report the work-related injury and then go for the work-related injury disability assessment, and you can get compensation according to the certificate of the appraisal level. The compensation is based on the average salary of the local municipality in the previous year, and the average salary for 16 months can be paid!!
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Loss of function should be counted and need to be further identified.
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According to the relevant standards, a comminuted fracture of the little finger caused by a work-related injury can be classified as a grade 10 disability.
10-level clause series.
Anyone who meets one of the following conditions is a work-related injury grade 10.
5) Disconnection or loss of function of the distal interphalangeal joint of any finger except the thumb;
12) Those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body;
2. According to Article 37 of the latest "Regulations on Work-related Injury Insurance", employees who are identified as having a disability of grade 7 to 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.
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You can reach level 10 disability!
According to your description, according to the national standard of the People's Republic of China "GB T16180-2014 Labor Ability Appraisal Disability Rating of Employees Caused by Work-related Injuries and Occupational Diseases", your injury meets the criteria of Article 5 of Level 10 Disability (disconnection or loss of function of the distal interphalangeal joint of any finger except the thumb) or the standard of Article 12 of Level 10 Disability (no dysfunction or mild dysfunction after the healing of fractures in various parts of the body).
In terms of compensation: due to the differences in the "Regulations on Work-related Injury Insurance" issued by provinces, municipalities and autonomous regions (but the difference is very small, the main difference is in the annual per capita disposable income of each province, municipality and autonomous region), for example, the "Regulations on Work-related Injury Insurance" issued by Guangdong Province in 2014 is cited for reference.
If an employee is identified as having a disability of grade 7 to 10 due to work-related disability, a one-time disability subsidy shall be paid by the 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.
If an employee with a disability of grade 7 to grade 10 dissolves or terminates the labor relationship with the employer in accordance with the law, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time employment subsidy for disability to terminate the work-related injury insurance relationship: (1) a one-time medical subsidy for work-related injury. The criteria are:
Six months' wages for Grade 7 disability, four months' wages for Grade 8 disability, two months' wages for Grade 9 disability, and one month's salary for Grade 10 disability. (2) One-time disability employment subsidy. The criteria are:
Grade 7 disability is 25 months' salary, Grade 8 disability is 15 months' salary, Grade 9 disability is 8 months' salary, and Grade 10 disability is 4 months' salary.
If the one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability are lower than the average monthly payment wage of the injured employee for the 12 months before the termination or termination of the labor relationship with the employer, the average monthly payment salary for the 12 months before the termination or termination of the labor relationship shall be calculated and paid on the basis of the employee's average monthly payment salary for the 12 months before the termination or termination of the labor relationship. If the salary paid is less than 12 months, the average monthly salary of the person shall be calculated based on the actual number of months of payment. If the average monthly salary of the employee is higher than 300% of the average salary of the employees in the overall planning area, it shall be calculated according to 300% of the average salary of the employees in the overall planning area; If it is less than 60 percent of the average wage of employees in the overall planning area, it shall be calculated according to 60 percent of the average salary of employees in the overall planning area.
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Hello, glad to answer for you.
Fracture at least Grade 10 work-related injury.
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According to the "Appraisal Standards for Disability Procedures Caused by Work-related Injuries and Occupational Diseases of Employees", if the distal fracture of the right thumb is comminuted, after **, it can basically be recovered, then it cannot be rated as a disability grade.
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1.First of all, it is necessary to apply to the local labor department for work-related injury identification, which is very critical and the premise of all problems, if you do not apply for work-related injury identification, everything is in vain, if the unit does not apply, the individual employee must apply within one year from the date of injury;
2.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;
3.According to the injuries you mentioned, combined with the "Appraisal Standards for the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees", the disability level is about 10, and the specific results depend on the appraisal conclusions of the expert group of the Labor Ability Appraisal Committee;
4.If you don't understand anything, you can ask or call 12333 directly to consult the local labor department!
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I was injured at the end of my right thumb during working hours, and the comminuted rupture fracture can be counted as a disability.
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The end of the ring finger of the left hand is fractured, and if it is classified as a work-related injury, it is a grade 10 disability.
Legal basis: Criteria for the Identification of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees 14) No functional impairment after the healing of fractures in various parts of the body;
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How much can I compensate for grade 10 disability of comminuted fracture of the left ring finger?
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To achieve a grade 10 disability, both hands must be missing (or dysfunctional) by at least 5 percent, or both hands must feel at least 25 percent. The proportion of missing ring fingers in one hand is 9 percent, so even if you lose your ring finger, the loss of function in both hands is only 4.5 percent, which does not meet the criteria for a grade 10 disability.
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Did you hit the nails? It's level 9 when you hit it! It's level 10 if you don't hit it!
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It is a minor injury and is not included in the scope of disability evaluation.
Comminuted fracture belongs to the level of disability depends on the specific situation, it is recommended to go to the hospital for identification, the following can be referred to: >>>More
1. According to GB T 16180-2006 "Labor Ability Appraisal - Classification of Disability Caused by Work-related Injuries and Occupational Diseases of Employees" J) Level 10 14) There is no functional impairment after the healing of fractures in various parts of the body; The situation you mentioned can be assessed as a grade 10 disability. >>>More
It constitutes a disability of about 10 grades.
Generally, in addition to the regular medical expenses and rest pay, there is a one-time compensation of about two years' salary. >>>More
Employees who are identified as having a disability of grade 7 to 10 due to work-related disability 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. >>>More
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; >>>More