Traffic accidents, the outer ankle bone is generally disabled, and how to calculate compensation

Generally, the disability level cannot be assessed, and you can go to a forensic appraisal institution for consultation. Compensation can be calculated according to the following criteria:

Traffic accident compensation generally includes the following:

If the victim is injured but not disabled, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, necessary nutrition expenses, etc.

If the victim is disabled due to injury, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of dependents, compensation for mental damages, and necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Calculation overview. 1. Medical expenses = diagnosis and treatment expenses + medical expenses + hospitalization expenses.

2. Lost time pay = monthly income of lost work and lost work time.

3. Nursing fee = the same level of nursing labor remuneration standard for nursing workers at the place where the traffic accident occurred Number of nursing days.

4. Nutrition fee = Nutrition fee standard * number of days according to the injury standard.

5. Hospitalization meal subsidy = standard of food subsidy for general staff of state organs on business trips (50 yuan per day) Number of days of hospitalization.

6. Disability compensation = per capita disposable income of urban (rural residents) in the previous year at the location of the court where the lawsuit is filed, disability coefficient and compensation period.

7. Living expenses of dependents = per capita annual consumption expenditure of urban residents (rural residents) in the previous year at the location of the court where the lawsuit is filed, disability coefficient and years of dependency.

8. Disability assistive device fee = reasonable cost for ordinary appliances.

9. In addition, there are transportation expenses, accommodation expenses, direct property damage expenses, vehicle suspension loss expenses, mental injury solace, etc.

See case materials and** and recovery status for details.

Legal analysis: Generally, medial malleolar fracture without functional impairment or relatively small functional impairment is identified as grade 10 disability; Has a relatively large functional impairment and is assessed as a grade 9 disability.

Legal basis: "Classification of the degree of disability caused by human injury".

Injuries to the spine, pelvis and limbs.

1) Comminuted fracture of a vertebral body, bony mass in the spinal canal;

2) Fracture of one vertebral body and corresponding adnexa, after surgery**; 2. Compression fracture of the vertebral body;

3) More than two pelvic fractures or comminuted fractures, severe malunion;

4) Comminuted or compression fracture of the long bones and epiphysis of the extremities of adolescents;

5) After joint prosthesis replacement for any major joint of the limbs;

6) The loss of rotational function of both upper limbs and forearms was 75%;

7) The difference in the length of the two upper limbs is more than that;

8) The difference in the length of the lower limbs is more than that;

9) Loss of function of any major joint of the limbs (except ankle joint) by more than 50%;

10) Loss of more than 75% of the function of the ankle joint;

11) The loss of function of all major joints of one limb is up to 25%;

12) 75% loss of hallux function in both feet; Complete loss of function of all 5 toes of one foot;

13) Comminuted fracture of both calcanes;

14) partial destruction of the arch structure of both feet; Complete destruction of the arch structure of one foot;

15) Loss of hand or foot function: 25 points.

Injuries to the body surface and other areas.

1) **Scarring up to 10% of body surface area.

Injuries to 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.

If internal fixation is performed**, it shall be assessed as a grade 9 disability in accordance with the provisions of the "Labor Ability Appraisal Disability Rating of Employees Caused by Work-related Injuries and Occupational Diseases" (GB T 16180-2014) Level 9 23) "After internal fixation or external fixation of long tubular bone fractures of the limbs", and if conservative** is performed, refer to the provisions of the "Labor Ability Appraisal Disability Rating of 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". Assessed as a grade 10 disability.

Legal analysis: 1. Compensation standard: apply for disability appraisal, calculate disability compensation and other related expenses according to the disability level; 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. Compensation: The compensation mainly includes the following aspects, the specific amount needs to be calculated according to the medical expenses, nursing expenses, transportation expenses and other expenses you spend after the traffic accident, and other lost work expenses also need to be judged according to the actual income, it is recommended that you ask a lawyer to intervene in order to obtain reasonable compensation. Traffic accident compensation refers to the items included in the compensation given by the perpetrator to the victim in a traffic accident, mainly including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, appraisal fees, disability compensation, disability assistive device expenses, funeral expenses, living expenses of dependents, and death compensation.

The Interpretation on Compensation for Personal Injuries implements the principle of comprehensive compensation in terms of compensation items and compensation standards. Among them, the compensation items have been added to the ** fee and the follow-up ** fee, and the "disability compensation" has been replaced by the "living allowance for the disabled".

Legal basis: Regulations on Work-related Injury Insurance Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures. If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.