-
How many levels should be identified first, and then compensation should be made according to the actual situation.
Common fracture class 10 disability:
1. Comminuted fracture of the ulna or radius.
After 4 months of rest, the evaluation can be done, and the electromyography can be seen to see whether the ulnar and radial nerves are damaged.
2. Clavicle fracture: observe whether the arm movement is limited and whether you can lift up to touch the top of the head.
Fractured ribs or 2 ribs missing.
4. Comminuted fracture of the patella, plus internal fixation, and the relaxation conditions can be up to grade 10; Linear fractures of the patella are not readily disable.
5. Comminuted fracture of the medial malleolus or lateral malleolus in a large area, resulting in uneven feet of both feet, can be done grade 10; Fracture of the medial and lateral malleolus at the same time can be done in grade 10.
6. Compression fracture of one-third of the lumbar or thoracic vertebrae, grade 10. Observe whether the CT compression surface reaches one-third.
7. Craniocerebral fracture, coma symptoms at the time of admission, accompanied by subarachnoid hemorrhage, can be done grade 10; Only a head fracture or epilepsy is not easy to be disabled.
8. The standard of epilepsy disability is high. Traumatic epilepsy: with head injury (damage to the brain), high seizure frequency (frequent seizures 3 to 6 months after discharge), and no history of epilepsy prior to the injury.
Traumatic epilepsy, which can be controlled by medication, but residual EEG changes are moderate or above.
-
Labor Ability Appraisal Disability Rating of Work-related Injuries and Occupational Diseases of Employees "Level 10, Item 12 Those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body.
Labor ability appraisal Disability level of employees' work-related injuries and occupational diseases" level 9, 23 items of long tubular bone fractures of limbs after internal fixation or external fixation of stents;
Labor ability appraisal Employee work-related injury and occupational disease disability level "9 grade 12 vertebral compression fracture, the height of the anterior edge of the vertebral body is reduced less than 1 2.
Labor Ability Appraisal Disability Levels of Work-related Injuries and Occupational Diseases of Employees "Level 7 Item 24 After the operation of artificial joints of large joints of the limbs, the basic life can be taken care of independently.
-
I was accidentally sprained by the army, resulting in a fracture of the tibia and fibula, can I be disabled?
-
Legal analysis: If a fracture is caused by a work-related accident, the disability level can be determined according to the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability", and if the fracture is caused by the damage of others, the disability assessment level can be determined according to the "Classification of Disability Caused by Human Injury".
Legal basis: Full text of "Disability Levels of Work-related Injuries and Occupational Diseases of Employees" for Labor Ability Appraisal.
Grading of the degree of disability caused by human injury" full text.
Regulations on Work-related Injury Insurance
Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department. If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.
Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality. If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.
-
Case-by-case analysis. If a traffic accident occurs, after the traffic accident occurs, it is first necessary to conduct an appraisal and make compensation based on the appraisal results, and if you are injured and disabled in the traffic accident, you can request damages. For details, please refer to the "Classification of the Degree of Disability Caused by Human Injury Training".
If it is a work-related injury and fracture, the disability assessment standard is first carried out, which mainly depends on the severity of the fracture, the method, the matching and whether there is a residual disability after the fracture. For details, please refer to the "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability".
Legal basis: Full text of "Disability Levels of Work-related Injuries and Occupational Diseases of Employees" for Labor Ability Appraisal.
Grading of the degree of disability caused by human injury" full text.
-
The evaluation standard for fracture disability is from grade 10 to grade 1 disability identification. The specific level of disability will vary according to the severity of the fracture, the method taken, and the sequelae left, the more severe the fracture, the higher the disability level will be assessed. The specific level of disability assessment needs to be assessed by a designated professional appraisal agency.
What materials should be submitted to apply for work-related injury determination.
The following materials shall be submitted to submit an application for determination of work-related injury:
1. Application form for work-related injury identification;
2. Proof of the existence of a labor relationship (including a de facto labor relationship) with the employer;
3. Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
[Legal basis].Article 8 of the Administrative Measures for the Appraisal of Labor Ability.
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, the employer or the injured employee may submit an initial application for labor ability appraisal to the Labor Ability Appraisal Committee of the city divided into districts. The time limit for applying for labor ability appraisal with blindness shall not exceed 2 years from the date of making the conclusion of the determination of work-related injury. If the injured employee is unable to submit an application, his close relatives may submit the application on his behalf.
Article 15. The Labor Ability Appraisal Committee shall make a labor ability appraisal conclusion based on the appraisal opinions of the expert group, and prepare a labor ability appraisal conclusion document, which shall contain the following matters:
1) Basic information of employees and their employers;
2) An introduction to the injury;
3) The basis for making the evaluation;
4) Appraisal conclusions.
Legal analysis: (1) Lost time pay.
2) Nursing fee: nursing period (days) * (50 100) yuan. >>>More
Disability appraisal standards: The state shall uniformly set a standard, and then the local government shall implement it according to the standard, so as to safeguard the legitimate rights and interests of the disabled and promote social harmony and stability. There are also many types of disabilities, and all kinds of disabilities should be applied in a comparative manner. >>>More
The hotel star rating criteria are as follows: >>>More
Hangzhou lawyer Zhang:
Please provide the legal relationship that existed before the injury and the reason for the injury, whether it is an employment relationship or a labor employment relationship? Was it a traffic accident or work-related injury or intentional injury? Otherwise, it can't. >>>More
1.The appraisal of labor ability (work-related injury disability assessment) is mainly based on the diagnosis of work-related injury and the situation of the work-related injury, and in accordance with the relevant provisions of the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014. Since the specific injuries of the injured are not specified, it is not possible to estimate the specific level of disability, and the specific results depend on the appraisal conclusions of the expert group of the Labor Ability Appraisal Committee. >>>More