Can a fracture of the left clavicle in a traffic accident constitute disability? 20

Constitutes a disability. If you think mine is okay, give me encouragement!

Yes. After being discharged from the hospital, bring medical records, X-rays, and go to the disability evaluation. Then claim.

After removing the steel plate, see how well it recovers. It is possible to set it.

If you don't decide, you can claim a lot of money.

Haoqing Tianci traffic claim consulting service professional one-to-one answer to traffic accidents. **$20 per case.

After a traffic accident, if you have no professional knowledge and no experience in claims, then you may lose a lot of money, and the money you should pay back is not claimed, and the money you advance cannot be recovered, and the other party is a scoundrel. Encounter the ,.. of fraudHere, only 20 yuan, can guide you to deal with all kinds of car insurance, work-related injury claims, so that you can rest easy Pride Tianci traffic accident claims consulting service company, is a senior person in insurance claims, traffic accident handling experts, forensic identification authority in one, with a good academic education, senior work background.

He has made great achievements in traffic accident handling, mediation, compensation, insurance claim operation, forensic disability identification, claim planning, etc., and has rich experience in auto insurance claims, work-related injury claims and forensic identification. He has a close observation and deep insight into the disadvantaged position of the insured in the insurance claim process due to lack of insurance knowledge. With its own experience, we can provide you with simple, rational, economical and efficient intimate services with the service tenet of "treating people with sincerity and standing with trust".

Professional answer to traffic accident claims. Mediation Negotiation Guidance!

Generally level 10, level 9 is dangerous, depending on the degree of functional mobility.

You can get a grade of nine to ten, find a lawyer, and save yourself worry.

1. How to compensate for a broken collarbone caused by a traffic accident.

1. The compensation for clavicle fracture caused by traffic accident is as follows:

1) Medical expenses: calculated according to the necessary expenses of the hospital for the traffic accident trauma of the parties.

2) Lost work pay: If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to lost work;

3) Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for the staff of the state agency where the traffic accident occurred.

4) Transportation expenses: calculated according to the actual necessary expenses of the parties, paid by vouchers.

2. Legal basis: Article 6 of the Measures for the Handling of Road Traffic Accidents.

According to the degree and amount of personal or property damage, traffic accidents are divided into minor accidents, general accidents, major accidents and major accidents. Specific standards are formulated by the Ministry of Public Security.

Article 18. Traffic accident liability is divided into full liability, primary liability, equal liability, and secondary liability.

Article 19. If a traffic accident is caused by the violation of rules by one party, the party who has violated the rules shall bear full responsibility, and the other party shall not be liable for the traffic accident.

If the violations of the two parties jointly cause a traffic accident, the party that plays a major role in the traffic accident shall bear primary responsibility, and the other party shall bear secondary responsibility; If the violation plays an almost equal role in the traffic accident, the two parties bear equal responsibility.

Where the violations of the three or more parties jointly cause a traffic accident, the responsibility shall be divided according to the role of each party's violation in the traffic accident.

2. What are the methods of compensation for the full liability of the other party in traffic accidents?

1. Within the scope of compulsory traffic insurance, the insurance company will compensate;

2. In addition to the compulsory traffic insurance, the other party shall compensate, and the other party can find the insurance company to settle the commercial insurance claim according to the law;

3. To settle claims in accordance with legal procedures, it is necessary to provide medical records, medical invoices, income certificates and loss certificates of lost work. The purchase invoice and depreciation compensation shall be provided for the loss of the vehicle.

Legal analysis: 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 the nucleus has been dissolved, 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 there is a medial fracture and no surgery has been performed**, it is less likely.

Of course, in the end, it is necessary to determine the mobility function of the shoulder joint examined by the appraisal agency.

Legal basis: Regulations on Work-related Injury Insurance》 Article 37 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 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.

The provisions of traffic accident compensation for clavicle fracture are based on the specific level of disability appraisal, and the calculation of compensation for its IOU is determined by the appraisal results, and under normal circumstances, the fracture may be leveled to about 8 to 10 grades. Compensation standards for disability appraisal in traffic accidents: Article 25 of the Interpretation on Compensation for Personal Injuries stipulates that disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed.

However, if the age is over 60 years old, the age shall be reduced by 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years. The Interpretation of Personal Injury Compensation is based on the provisions of the National Compensation Law, and the determination of the nature of disability compensation refers to the compensation for property damage caused by the reduction of income or loss of life due to disability, which negates the characterization of disability compensation in the Interpretation of Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts No. 7 of 2001. The newly promulgated Civil Code once again confirms the nature of disability compensation, clearly stipulating that disability compensation is related to property damage, not moral damage.

According to Article 1167 of the Regulations on Work-related Injury Insurance, the criteria for determining the degree of incapacity to work and the elderly are determined by Article 1167 of the Regulations on Work-related Injury Insurance: 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, an appraisal of his or her ability to work shall be conducted. The appraisal of labor ability refers to the grade appraisal of the degree of labor dysfunction and the degree of life processing disorder, and the degree of labor dysfunction is divided into ten levels of disability, the most severe is level 1, and the lightest level is 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. Criteria for the Identification of Disability LevelsChina's appraisal standards for disability levels can be said to be "out of many doors", and different competent authorities have formulated different appraisal standards for the disability of different personnel.

The assessment of the degree of disability of injured persons in road traffic accident cases shall generally apply to the "National Standard Disability Assessment of Persons Injured in Road Traffic Accidents of the People's Republic of China" issued by the Ministry of Public Security.

Legal analysis: The assessment of the disability of persons injured in traffic accidents shall be carried out by forensic doctors; where medical treatment is not possible, it is to be carried out by the case-handling personnel handling the accident of handing over the notice; Where the injury is complicated, personnel with specialized knowledge may be hired or other professional disability appraisal institutions may be retained to conduct it. If the appraisal is carried out before the end of the **, and the ** has not yet been concluded at this time, it is not possible to judge whether the victim will leave a certain impact on the injury after the end of the **, and whether it can be intact as before, and the evaluation made based on the victim's injury at this time is not objective, and cannot reflect and reflect the situation after the end of the **.

Legal basis: Article 49 of the "Provisions on Procedures for Handling Road Traffic Accidents" If it is necessary to conduct inspection and appraisal, the traffic management department of the public security organ shall, in accordance with the relevant regulations, entrust a qualified appraisal agency to conduct inspection and appraisal within three days from the date of the conclusion of the investigation at the accident scene. The autopsy shall be commissioned within 3 days of the date of death.

The inspection and appraisal of the traffic hit-and-run vehicle shall be entrusted within three days from the date of seizure of the suspected vehicle. If the on-site investigation needs to be inspected and identified after three days from the date of completion, it shall be reported to the traffic management department of the public security organ at the next higher level for approval. The evaluation of mental illness is to be conducted by an evaluation institution with psychiatric evaluation qualifications.