Hello, due to work, two rib fractures are not enough, can the disability level be paid, how much is

Updated on society 2024-05-22
8 answers
  1. Anonymous users2024-02-11

    You can rate it, generally more than 100,000. There are many factors that determine the amount of compensation, so let's chat privately.

  2. Anonymous users2024-02-10

    Legal Analysis: Yes. If two ribs are fractured and malunionized, it can constitute a grade 10 disability.

    1) A one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance**, and the standard is: 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.

    Legal basis: Regulations on Work-related Injury Insurance

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

    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.

    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**.

  3. Anonymous users2024-02-09

    Legal analysis: 1. The injured person shall be carried out first, and the expense bills and relevant medical record materials shall be retained. 2. After discharge, go to the judicial appraisal institute to determine the level of disability, the period of lost work, the period of nutrition, and the follow-up fee, etc., which are generally identified three months after discharge, and the specific time determined by the forensic doctor shall prevail.

    3. After the judicial appraisal report comes out, you can determine the disability compensation, lost work expenses, nutrition expenses, follow-up expenses, mental loss expenses, child support, alimony expenses, plus the actual medical expenses, hospital meal subsidies, transportation expenses, etc., if you do not know how to calculate, you can entrust a professional lawyer to calculate the total amount of compensation. 4. After the total amount of compensation is calculated, you can negotiate with the other party, and if the negotiation fails, you can file a lawsuit with the people's court to claim compensation for traffic accident damages.

    Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

  4. Anonymous users2024-02-08

    If you have 2 rib fractures due to an accident at work, but you are not assessed as work-related disability, the specific amount of compensation needs to be determined according to the relevant laws and regulations and the specific compensation policy of the employer. Here are the several types of compensation amounts that may be involved:

    2.Work-related injury subsidy: According to the Regulations on Work-related Injury Insurance, employees can receive a certain amount of work-related injury subsidy during the handling of work-related accidents, and this standard can be adjusted according to local regulations.

    3.Work-related injury pension: In some special circumstances, the employer may also pay the injured employee a work-related injury pension in accordance with the relevant regulations, and this standard can also be adjusted by local regulations.

    It should be noted that these compensation amounts need to be determined according to the actual situation, and different employers may have different compensation standards, so you can apply to the employer and consult the relevant departments for advice to understand the specific compensation amount.

  5. Anonymous users2024-02-07

    The standard of workers' compensation is determined in accordance with the relevant laws and regulations of the state and the regulations of the enterprise. For rib fractures, it is generally necessary to determine the level of work-related injury and the degree of disability through a doctor's evaluation.

    If the fracture is a minor injury or a minor injury, it will be paid according to the prescribed disability compensation. If the fracture is a moderate or severe injury, the disability level needs to be determined based on the doctor's diagnosis and diagnosis results, and the compensation amount will be calculated according to the disability level and standard.

    Generally speaking, disability compensation is calculated based on the employee's average monthly salary, length of service and degree of disability. If you want to determine the specific amount of compensation, it is recommended that you consult with the human resources department or relevant department of your company, or consult with your local work-related injury insurance agency.

  6. Anonymous users2024-02-06

    Whether the work-related injury 2 rib fractures can be assessed as disabled needs to be determined by the social insurance administrative department in conjunction with the health administrative department, and the labor dysfunction is divided into ten levels of disability, the most serious is level 1, and the lightest is level 10.

    7 rib fractures, work-related injuries, and several levels of disability.

    Seven rib fractures can constitute a Grade 10 disability. Evaluation criteria: "Appraisal Standard for the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees" (GB T16180-2006

    Item 14 of Level 10: "No dysfunction after healing of fractures in various parts of the body". The coefficient of the disability level as the compensation standard, i.e., the corresponding percentage coefficient from grades 1 to 10 is 100% to 10%, respectively.

    Rib fractures: A rib fracture counts as a level of disability.

    According to the work-related injury appraisal standard, "those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body" can be rated as grade 10.

    Except for minor fractures and hidden fissures that cannot meet the disability assessment criteria, fractures can generally be rated as a minimum grade 10 disability.

    There are 4 rib fractures, and the work-related injury is counted as a level of disability.

    According to the "Appraisal Standards for the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees" Level 10: 14), the absence of functional impairment after fractures of ribs, clavicles, and sternum at work-related injuries constitutes level 10.

    According to the above 10-level disability, there is no functional impairment after the fracture of each part of the body is healed, and the 4 rib fractures can be rated as a disability above grade 10 according to the work-related injury disability appraisal standards.

    The 3 rib fractures before the work injury are counted as several levels of disability.

    Three rib fractures caused by work-related injuries should be assessed as grade 10 disability. After the fractures of various parts of the body are healed, there is no functional impairment or slight functional impairment is classified as a grade 10 work-related injury.

    In addition to the work-related injury medical treatment and the salary and benefits during the suspension period, the main compensation:

    1. A one-time disability subsidy paid by work-related injury insurance** is 6 months' salary;

    2. When the labor contract is dissolved or terminated, in accordance with the specific standards stipulated by the province, municipality directly under the Central Government and autonomous region, the work-related injury insurance shall pay a one-time medical subsidy for work-related injury, and the unit shall pay a one-time employment subsidy.

    If the employer does not participate in work-related injury insurance, the above expenses shall be paid by the employer.

    Can a broken rib be rated as a work-related injury disability?

    According to the work-related injury appraisal standard, "those who have no functional impairment or mild functional impairment after the healing of the fracture of all parts of the body" can be set as grade 10.

    Except for minor fractures and hidden fissures that cannot meet the disability assessment criteria, fractures can generally be rated as a minimum grade 10 disability.

  7. Anonymous users2024-02-05

    If an employee suffers a three-rib fracture caused by a work-related injury, he or she shall be assessed as a Grade 10 disability if he or she meets the requirements of the national standard "Labor Ability Appraisal Work-related Injury and Occupational Disease Disability Rating for Employees" for those who have no functional impairment or mild functional impairment after the fracture of all parts of the body has healed. If there are 3 rib fractures and the disability assessment is not enough, it is the selected judicial appraisal agency that applies the wrong personal injury disability appraisal criteria, and the appraisal has no legal effect. According to Article 35 of the Regulations on Work-related Injury Insurance, employees who are identified as having a disability of Grade 7 to Grade 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 the work-related injury insurance, and the standard is: 12 months' salary for the seventh grade disability, 10 months' salary for the eighth grade disability, 8 months' salary for the ninth grade disability, and 6 months of personal salary for the tenth grade disability; (2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be formulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

  8. Anonymous users2024-02-04

    Legal Analysis: Work-related injuries with 2 rib fractures should refer to a grade 10 disability. Specifically, Sun Zhuo can go to a professional appraisal agency to do disability identification.

    Legal basis: 1. The "Standards for the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees" is scattered in Article 10 of the 10th level, and there is no functional impairment after the fracture of all parts of the body is healed.

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