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According to your statement, you can probably get a grade 9, which is subject to the appraisal opinion. The employer shall purchase social insurance for the employee in accordance with the law, and if the employee suffers a work-related injury because the employer has not purchased social insurance for the employee, the corresponding compensation shall be borne by the employer. **Fees, medical expenses, medicine expenses, hospitalization expenses, transportation expenses, etc. are calculated according to the invoice, and during the period of suspension with pay, the original salary and treatment remain unchanged (except for overtime pay), disability allowance:
9 months' salary, one-time medical allowance for work-related injuries: 2 months' salary, one-time disability employment allowance: 8 months' salary, and compensation for about 19 months' wages in total.
So far, our lawyer has handled hundreds of such cases, and is very familiar with the key issues and handling procedures of such cases, helping clients recover a large number of economic losses. If you are struggling financially, our lawyer can help you apply for legal aid. If necessary, you can call our lawyer, who will answer your relevant legal questions in detail.
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Grades 9-10, which are subject to the notice of labor ability appraisal conclusion of the local labor ability appraisal committee.
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1.According to the described injury, combined with the relevant provisions of GB T 16180-2014 of the "Disability Level of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability", the disability level is about 9 grades, and the specific results depend on the appraisal conclusion 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 identification, which is the premise of all problems, without applying for work-related injury identification, it is impossible to apply for labor ability appraisal, and then obtain disability compensation, if the unit does not apply, the individual employee must apply within one year from the date of injury;
3.If the injury is determined to be a work-related injury, after the injury is stabilized, you can apply for a labor ability appraisal to identify the work-related injury level, and then calculate the amount of disability compensation according to the disability level;
4.If you don't understand anything, you can call 12333 directly to consult the local labor department!
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After comminuted fracture of tibia and fibula, the work-related injury is grade 8 or 9.
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According to the appraisal criteria, it can be assessed as a grade 9 disability. It is recommended to apply for work-related injury recognition first according to the process, and the compensation amount can only be finalized after waiting for the appraisal level.
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);
3. There are many procedures for protecting the rights of work-related injuries, and if you are not familiar with it, it is best to entrust a lawyer**.
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In line with the national standard "Labor Ability Appraisal Disability Grade of Work-related Injuries and Occupational Diseases of Employees" GB T16180-2014 "Level 9" "23) after internal or external fixation of long tubular bone fractures of limbs; shall be assessed as a Grade 9 disability.
Employees who are injured at work and are identified as having a Grade 9 disability shall enjoy the following benefits in addition to the medical treatment for work-related injuries and the wages and benefits during the period of suspension of work
1. A one-time disability subsidy from work-related injury insurance** is 9 months' salary;
2. When the labor contract is dissolved or terminated, in accordance with the provisions of the province, municipality directly under the Central Government and autonomous region, 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 terminate the work-related injury insurance benefits.
If the employer does not participate in the work-related injury insurance, the employer shall pay for it.
***。Regulations on Work-related Injury Insurance
Article 37 Where an employee is assessed 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 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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Whether it's a mistake or a problem with the process, if it's up to you, or whatever.
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According to the relevant standards, it 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.
12) Those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body;
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If there is no serious functional impairment, it is generally a grade 10 disability!
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Article 18 of the Regulations on Work-related Injury Insurance provides that the following materials shall be submitted to apply for work-related injury determination:
1) Application form for determination of work-related injury;
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, place, and cause of the accident, as well as the degree of injury of the employee.
Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.
Article 7 of the Administrative Measures for the Appraisal of the Labor Ability of Employees Injured at Work Article 7 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, or the period of suspension of work with pay expires (including the extension period confirmed by the Labor Ability Appraisal Committee), the injured employee or his employer shall promptly submit an application for labor ability appraisal to the Labor Ability Appraisal Committee at the districted city level.
Article 8 To apply for labor ability appraisal, the applicant 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.
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This requires an application to the Labor Ability Appraisal Committee of the Human Resources and Social Security Bureau, and there is no fee.
Regulations on Work-related Injury Insurance
Article 21 Where 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, an appraisal of his or her ability to work shall be conducted.
Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment. Tear down dates.
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: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in 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.
Article 23 The employer, the injured employee or his close relatives shall submit an application to the Labor Ability Appraisal Committee at the level of a city divided into districts for the appraisal of labor ability, and provide relevant materials on the determination of the work-related injury and the medical treatment of the worker's work-related injury.
Article 24 The labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government and the labor ability appraisal committees at the level of cities divided into districts shall be composed of representatives of the social insurance administrative departments, health administrative departments, trade union organizations, travel and credit dismantling agencies and representatives of employers at the level of provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts respectively.
The Labor Ability Appraisal Committee shall establish a database of medical and health experts. Medical and health professional and technical personnel included in the expert database shall meet the following conditions:
1) Have the qualifications for senior professional and technical positions in medical and health care;
2) Master the relevant knowledge of labor ability appraisal;
3) Have good professional character.
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After fracture internal fixation, patients with no dysfunction and laughter; Count as level nine.
If there is a problem with functional recovery, it is necessary to have an appraisal at the local labor ability appraisal center.