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Hello. Grading of the degree of personal injury" Level 10:
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.
Hope, thank you!
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I can almost rate a grade 10 disability, thank you.
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If the fracture affects the left ankle joint dysfunction, it is possible to reach the level of disability.
It is difficult to give you an accurate result simply for ankle fractures, because the most important thing for ankle fractures is to look at the degree of impact on ankle function, and the more severe the degree, the higher the degree of disability.
Reference standard: Traffic accident disability appraisal standards
Grade 10 disability. 10) Limb injury:
8. Linear fracture of the long bones of the limbs above one epiphyseal plate;
9. Loss of function of one limb by more than 10%.
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It depends on the specific injuries caused by the accident to determine whether the disability can be assessed. If there is no functional impairment after the fracture of all parts of the body is healed, it is generally not rated as a disability registration; However, if internal fixation surgery is performed after the fracture, it can be assessed as a grade 9 disability. If there is no internal fixation surgery, it can be assessed as a grade 10 disability.
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Summary. Metatarsal fracture is considered a grade 10 disability at most, and the specific assessment needs to be assessed by a professional forensic center. When metatarsal fracture occurs, it is necessary to go to the hospital in time to take CT and X-ray of the foot to determine the severity and extent of the fracture.
Depending on the metatarsal fracture, the corresponding ** is determined. If the fracture is mild and there is no significant displacement, it can be conservative**, and the cast will be removed for about 6 to 8 weeks after immobilization, and the cast will gradually resume walking. If the fracture is displaced, surgery may be required**, and it will heal in about three months after the surgical fixation.
If I have a 2 to 4 metatarsal fracture in my left foot in a traffic accident, can I have a disability rating? What compensation should be paid?
Hello, I am your consulting lawyer, happy to serve you, have received your questions.
In the case of work-related injuries, it can be rated as a 10-level disability senior search, and most of the traffic accidents are not enough to rent a person, so they can only claim medical expenses, escort expenses, lost work expenses, hospital life service subsidies, etc., and there is no disability compensation and living expenses for dependents.
Metatarsal fracture is considered a grade 10 disability at most, and the specific assessment needs to be assessed by a professional forensic center. When metatarsal fracture occurs, it is necessary to go to the hospital in time to take CT and X-ray of the foot to determine the severity and extent of the fracture. According to the situation of the metatarsal bone rise and fall cautiously, the corresponding ** is determined.
If the fracture is mild and there is no significant displacement, it can be conservative**, and the cast will be removed for about 6 to 8 weeks after immobilization, and the cast will gradually resume walking. If the fracture is displaced, it may be necessary to perform a hand stumbling**, which will heal in about three months after the surgical fixation.
You can apply for Qingchai to go to a professional forensic appraisal agency to appraise early, which can be rated as a tenth-level disability at most, or it may not be assessed, depending on the specific situation of the judicial appraisal.
This is the end of the consultation here, if you have other legal issues here, you can click on my avatar, and follow me to conduct a ** consultation and ask Qingtong trouble, Xilun Qin hopes that your problem can be solved smoothly as soon as possible!
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Disability can be assessed. If the clavicle fracture is caused by a traffic accident, the disability assessment is based on the function of the shoulder joint after three months of fracture and the fracture has healed, and according to the actual work experience, the surgical internal fixation of the fracture of the middle and outer segment of the clavicle is generally very likely to constitute a grade 10 disability. If a medial fracture is examined and no surgery is performed**, the probability segment is small.
Of course, in the end, it is necessary to determine the mobility function of the shoulder joint examined by the appraisal agency. Article 37 of the "Regulations on Work-related Injury Insurance" If an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she shall enjoy the following benefits: a one-time disability subsidy shall be paid from the work-related injury insurance ** according to the level of disability, and the standard is:
13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability. 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 work-related injury medical treatment allowance and one-time disability employment subsidy shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
Article 92 of the Provisions on Procedures for Handling Road Traffic Accidents requires disability assessment and property loss assessment to determine the amount of damages, and the parties shall negotiate to determine the qualified institutions to carry out it, but if the amount of property loss is huge and suspected of a criminal offense, it shall be entrusted by the traffic management department of the public security organ. The costs of disability assessment and property damage assessment entrusted by the parties shall be borne by the parties.
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Legal analysis: 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 movement of the arm is restricted, whether you can lift up and touch the top of the head Broken 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 frequency of seizures (frequent seizures 3 to 6 months after discharge), and no history of epilepsy prior to the injury.
Wide-range EEG is required. Traumatic epilepsy, which can be controlled by medication, but residual EEG changes are moderate or above. 9. Comminuted fracture of the middle femur, internal fixation, grade 10 can be done.
10. Traumatic cataract, affecting vision, can be done at grade 10 for 6 months.
Legal basis: "Provisions on Procedures for Handling Traffic Accidents" Article 40 If a party is disabled due to a traffic accident, the disability level shall be assessed by a qualified disability appraisal institution after the end of the first day. Therefore, the disability assessment should be finalized, usually three months after discharge, but if the injury has stabilized, the disability level can be assessed in advance according to the recommendation of the medical institution to a qualified disability appraisal agency.
If there is a fixation (such as a steel nail installed in a fracture**), the fixation must be removed before the disability can be evaluated.
This is a more controversial issue, some claim to get double compensation, some claim can only get the highest compensation, in our national practice, the vast majority of provinces and cities have stipulated that they can not receive double compensation, and earlier, the state also has relevant documents stipulating that in accordance with the principle of reciprocity of loss and compensation, the same damage can not get two compensation, and then there is a more profound significance that the traffic accident itself is not injured at work, in fact, it is an extension of the work injury, not a real sense of the work injuryIf you get two compensations, it will cause the interests of the workers who are really injured at work to be damaged, that is to say, if you are really injured at work, you can't get two compensations, and if you don't get two compensations for work-related injuries in the real sense, it is obviously unfair
In the event of a traffic accident, no one is injured, and after escaping, the other party is privately compensated for the losses, after being caught, a fine of not less than 200 yuan but not more than 2,000 yuan may be imposed, and a concurrent detention of up to 15 days may be given. >>>More
If it is a work-related injury, it can be judged as at least a grade 10 disability, but in a traffic accident, it is not always possible to determine the level of disability, and it is necessary to determine whether there is a functional impairment in the 10th grade. According to GB T16180-2014 "Labor Ability Appraisal Disability Levels of Work-related Injuries and Occupational Diseases of Employees" 10-level standard: 14) There is no functional impairment after the healing of fractures in various parts of the body; Level 10 Disability Compensation: >>>More
Not all parts of the same part can be evaluated.
This is not a reason for the company to dismiss you, if the company wants to forcibly dismiss you, you have to compensate you for unemployment benefits, and there are insurance companies to settle traffic accidents, as long as you keep enough insurance, there is no content of insurance exemption regulations, most of the insurance companies are out, and you don't have to worry about it.