Slipping and breaking two muscles and bones at work is determined by several levels of disability

Hello, it is recommended to apply for a work-related injury identification before you can do a work-related injury identification. The amount of compensation can only be finalized after the appraisal level, and the amount of compensation will vary from place to place for the same level. If you are not familiar with it, it is advisable to seek the help of a lawyer.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

An assessment of the level of work-related injury should be done first. More accurate.

If the tendon is broken, it should be classified as grade 10, and the disability rating standard The level of disability is divided into grade 1 to grade 10. After the tendon is broken, if the function is affected, it is a grade 10 disability. If you want to know the exact result, you can apply for a work-related injury evaluation.

Article 22 of the Regulations on Work-related Injury Insurance.

Labor ability appraisal refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

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 37 of the 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.

Three ribs were fractured and are not disabled. According to the clear provisions of the national disability appraisal, only after four rib fractures can be regarded as a grade 10 disability. If the injury is more than slight, it constitutes the crime of intentionally injuring a dead wheel, and is to be sentenced to fixed-term imprisonment of not more than three years of letters, short-term detention, or mismanagement of the auspicious system.

According to the description, it is not possible to determine whether there is a disability level, and the employee needs to apply for a labor ability determination based on the actual injury to determine whether the disability level can be determined.

1. Does a minor injury constitute a disability?

Minor injuries of the second degree do not constitute disability. The level of disability refers to the degree of a person's disability, which is determined according to the severity of the disability. If the injured person and the victim reach an agreement on the issue of compensation, and the injured person obtains the victim's forgiveness, the judicial organ may mitigate, commute or waive criminal punishment to the injured person.

2. Which level of disability assessment is the highest?

The level of disability is determined according to the severity of the disability, and the level of general disability is divided into level 1 to 10 disability. Among them, the first level of disability is the highest, and the tenth level of disability is the lowest. According to the national standard (GB T16180-1996) "Appraisal of the Disability Degree of Work-related Injury and Occupational Disease 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.

3. What is the level of disability for serious injuries in the Criminal Law?

The level of serious injury and disability in the Criminal Law is not the same, and the criteria for determining the two are different. Specifically, the determination of serious injury is different from the level of disability, while serious injury is the conclusion of the injury of the injured person, while the level of disability is mainly based on the impact of the injury on the injured person's ability to live and work. However, in the criminal law, the determination of conviction and punishment should still be based on the serious injury, and minor injuries of the second degree or higher are intentional injuries.

Measures for the Administration of Labor Ability Appraisal

Article 8 In the event of a work-related injury, if a worker has a disability that affects his or her ability to work after the injury is relatively stable, the employer or the injured worker may submit an application for the first time to the Committee for Determination of Labor Ability at the level of a city divided into districts. The time limit for applying for a determination of labor skills shall not exceed 2 years from the date of making the determination of work-related injuries. If the injured worker himself cannot make an application, his close relatives may make the proposal on his behalf.

Article 9 The following formalities shall be submitted to apply for the determination of labor ability:

1) Application for determination of labor ability;

2) The original and photocopy of the "Decision on the Determination of Work-related Injury";

3) Original and photocopies of diagnosis certificates, physical examination reports, etc., and complete and valid medical records;

4) The original and photocopy of the worker's ID card or other valid identification;

5) Other procedures limited by the Labor Skills Determination Committee.

If the tendon is broken, if there is a loss of function, it can be classified as a grade 10 disability. China's law 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 conduct a labor ability appraisal.

Legal basis] Article 17 of the Regulations on Work-related Injury Insurance, 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 Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date 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.