Elbow fracture Identification of work injury, identification of injury of hand fracture

Elbow fracture injury identification criteria:

1. Grade 10 disability appraisal standard for work-related injuries.

No dysfunction or mild dysfunction after healing of fractures in various parts of the body;

2. Grade 9 disability appraisal standard for work-related injuries.

After internal fixation or external fixation of long tubular bone fractures of the limbs;

3. Grade 8 disability appraisal standard for work-related injuries.

Intra-articular fracture of one of the major joints of the extremities leads to traumatic arthritis, leaving mild dysfunction

4. Grade 7 disability appraisal standard for work-related injuries.

One of the major joints of the limbs can be taken care of by themselves after surgery

Intra-articular fracture of one of the major joints of the extremities leads to traumatic arthritis, leaving moderate to severe dysfunction

5. Grade 6 disability appraisal standard for work-related injuries.

Lower extremity fracture angular deformity of 15° and limb shortening of more than 4 cm;

1. At least nine or more work-related injuries, 2. Apply for work-related injury identification first, and then apply for labor ability level appraisal after identification, and then enjoy work-related injury benefits, the main compensation items are one-time disability subsidies, one-time employment subsidies and one-time medical subsidies (the latter two need to terminate or terminate the labor contract with the employer), if the unit pays social security for you in accordance with the law, the work-related injury benefits can be paid by the social security, and if the unit does not pay social insurance for you, the work-related injury benefits shall be paid by your unit.

After the work-related injury is determined, the wages for the period of suspension with pay shall be paid according to the original salary.

Hello!Subject to the determination, there is compensation for the termination of the contract, and medical expenses can be paid in a lump sum.

Has the company applied for a work-related injury determination for you?

Legal analysis: 1. The identification of the work-related injury level of the finger fracture must first apply to the local labor department for work-related injury identification, which is very critical and the premise of all problems

2. After the injury is stabilized, you can apply for labor ability appraisal to identify the level of work-related injury, and then claim disability compensation from the employer according to the level of disability

3. According to the injury of the finger fracture, 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 grades, and the specific results depend on the appraisal conclusion of the expert group of the Labor Ability Appraisal Committee

Legal basis: Regulations on Work-related Injury Insurance Article 20 The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives who apply for work-related injury determination and the filial piety unit where the employee is located. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

Where a decision on the determination of work-related injuries needs to be based on the conclusion of the judicial organ or the relevant administrative department, the time limit for making a decision on the determination of work-related injury shall be suspended during the period when the judicial organ or the relevant administrative department has not yet made a conclusion. Where the staff of the social insurance administrative department has an interest in the applicant for the elimination of work-related injuries, they shall recuse themselves.

Hello! Regarding the question of how to identify the fracture and work-related injury, the general disability appraisal refers to the appraisal of the degree of disability. The scope of disability assessment includes traffic disability such as accident disability, industrial accident disability, accidental injury disability, and fight and brawl disability.

Generally, the judicial department (such as the traffic police force, police station, and court) entrusts the disability appraisal agency to make the corresponding appraisal. How long after the results of the work-related injury identification can I apply for a disability appraisal For the application for work-related injury disability appraisal, the time to apply for work-related injury disability appraisal is after confirming the work-related injury, according to the ** situation, if the injury is stable and the ** has been terminated, you can apply for a disability appraisal immediately. According to the regulations, the employer, the injured employee or his or her close relatives may apply for a disability appraisal.

When applying for work-related injury appraisal, the applicant should go to the labor ability appraisal committee at the city level divided into districts to conduct a disability appraisal. However, before applying for disability evaluation, it is necessary to first submit an application to the social insurance administrative department for the determination of work-related injuries. When applying for a disability appraisal for work-related injuries, you generally need to prepare the following materials:

1. Decision on Determination of Work-related Injury and its copy; 2. A color photo of the applicant without a hat; 3. ID card and photocopy and other identification materials; 4. Two copies of the Application Form for Labor Ability Appraisal of Employees Injured at Work; 5. The hospital's first diagnosis record and discharge summary, such as the hospital's first diagnosis of medical records and other related information. When carrying out disability appraisal with Qiqi, it is generally necessary to follow the following process: 1. The employer or the injured employee, after the injury is stabilized or the medical treatment is terminated, can bring the relevant application materials to the labor ability appraisal committee of the city divided into districts to submit an application for labor ability appraisal.

The materials should include the "Decision on Determination of Work-related Injury" and its photocopy, the identity information of the disabled employee, medical records and other relevant information. 2. After receiving the application, the labor appraisal committee will review the application materials, and if the materials are incomplete, it will inform the applicant in writing within 5 working days to complete them.

As for whether a work-related injury must be evaluated, first of all, a disability rating needs to be made after a work-related injury, but it is not necessary, and if the knowledge is not done, the corresponding work-related injury compensation will not be obtained. You can do it according to your specific situation.

Article 23 of the Regulations on Work-related Injury Insurance The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of work ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury. Article 25 After receiving an application for labor ability appraisal, the labor ability appraisal committee at the districted city level shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall submit an appraisal opinion. The labor ability appraisal committee of the city divided into districts shall make the conclusion of the appraisal of the labor ability of the injured employee on the basis of the appraisal opinions of the expert group; When necessary, a qualified medical institution may be entrusted to assist in the diagnosis.

The labor ability appraisal committee at the districted city level shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal. "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in Labor Ability Appraisal GB T16180-2014" Comprehensive Judgment Based on the organ damage, dysfunction and dependence on medical treatment and daily life care of the work-related injury disabled person in the technical appraisal of the disability level, due consideration is given to the influence of psychosocial factors caused by disability, and the degree of disability is comprehensively determined and graded.

Appendix A shows the criteria for determining the classification of work-related injuries and occupational diseases in each segment. Appendix B provides instructions for the proper use of this standard.

Legal Analysis: A broken finger may meet the criteria for a Grade 10 disability at work-related injury. Medical expenses, wages during the period of leave of absence, hospital meal allowance, nursing expenses, transportation expenses, accommodation expenses, etc. will be compensated.

If the result of the examination constitutes a grade 10 disability, the one-time disability allowance is 7 months' salary; If the employment relationship is dissolved or terminated, the employee can also enjoy a one-time disability employment subsidy and a one-time medical subsidy for work-related injuries.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 Where an employee has one of the following circumstances, it shall be deemed to be a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

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.

Diseases caused by non-work-related hail injuries of injured employees shall not enjoy the medical treatment of work-related injuries and shall be handled 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**.

Only the fracture has gone through ** and there is no loss of function, it can not be assessed as a grade 10 disability. Those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body in the 12th item of the 10th grade of the "Disability Level of Work-related Injuries and Occupational Diseases for Employees in the Appraisal of Labor Ability Appraisal".

1.Medical expenses: paid by work-related injury insurance**, if the employer fails to pay work-related injury insurance, by the employer;

2.Wages during the period of suspension of work with pay: The wages during the period of suspension of work and pay (** period, ** period) shall be paid according to the original treatment (the length of the period of suspension of work with pay shall be appraised by the appraisal committee of the labor ability brother);

3.Nursing expenses: If the injured employee is unable to take care of himself/herself, the employer shall arrange nursing care or pay nursing expenses;

4.During hospitalization, food allowance and transportation expenses shall be paid by work-related injury insurance**, and if the employer fails to pay work-related injury insurance, the employer shall pay it. The standards set by each province vary slightly.

5.Lump-sum compensation for work-related injuries: (provided that the disability level is assessed by the Labor Ability Appraisal Committee).

1) Those who continue to perform the labor contract shall enjoy a one-time disability subsidy in accordance with the provisions of the Regulations on Work-related Injury Insurance. For example, a grade 10 work-related injury is 97 months' wages.

2) If the labor contract is dissolved or terminated, you can also enjoy a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability. The specific amount varies from province to province, and the amount of compensation is also different, so you can consult the local labor and social security administrative department.

1. Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) The employee was originally serving in the army, but was disabled due to war or duty injuries, and has obtained a disabled military certificate, and is injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Article 16 Employees who meet the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, shall not be deemed to have suffered a work-related injury or be treated as a work-related injury

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.