How many levels of disability should be awarded, and how to judge the injury

First, the disability appraisal is not done when you are injured, but only after it is stable and unrecoverable. So according to what you said, the fractures are not good yet, and it is not allowed to do disability identification, only minor and serious injury identification.

The identification of the injury is a forensic matter and has constituted a minor injury, up to 3 years; If the dysfunction is left behind, it is a serious injury, and it will take more than 3 to 10 years. Beg.

The hospital will issue a certificate of disability. Come here and ask Xiami.

It has to be forensic identification, you can take a look at the identification form to estimate, according to the conditions inside.

Legal Analysis: Specific analysis of specific issues. Intentional injury resulting in minor injuries constitutes a criminal case, and the level of disability is used to determine the standard of civil compensation. The crime of intentional injury refers to the criminal conduct of intentionally and unlawfully harming the body of another person and reaching a certain level of seriousness, which should be punished by the criminal law.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Where this Law provides otherwise, follow those provisions.

If the injury reaches a minor level, it is a criminal case, and there is no such thing as how many levels of the line are lost. If the injury is minor, the perpetrator only needs to bear administrative responsibility. According to the provisions of the relevant laws and regulations, whoever intentionally harms the body of another person shall be sentenced to imprisonment of not more than three years, short-term detention or controlled release.

If there is a labor contract between the employee and the unit, the employee's accident can be recognized as a work-related injury and can enjoy work-related injury benefits; Even if there is no written labor contract, only if there is evidence to prove the existence of an employment relationship between the two parties, you can also apply for a work-related injury determination; The legal basis for this is Article 14 of the work-related injury insurance provisions: if an employee is injured in an accident during working hours and in the workplace due to work-related reasons, it can be recognized as a work-related injury; Specific work-related injury benefits include one-time disability compensation, one-time work-related injury medical subsidy, disability employment subsidy, disability allowance, etc.

Article 7 of the Administrative Measures for the Appraisal of the Labor Ability of Employees Injured at Work Article 7 In the event of a work-related injury, if an employee has a disability that affects his or her ability to work after the injury is relatively stable, or if the period of suspension of work with pay expires (including the extension period confirmed by the Labor Ability Appraisal Committee), the injured employee or his employer shall promptly submit an application for labor ability appraisal to the Labor Ability Appraisal Committee at the level of the city divided into districts. Article 8 of the Administrative Measures for the Appraisal of the Labor Ability of Employees Injured at Work shall fill in the application form for the appraisal of the working ability and submit the following materials: (1) The original and photocopy of the Decision on the Determination of Work-related Injury; (2) Valid diagnosis certificates, examination and inspection reports copied or reproduced in accordance with the relevant provisions of medical establishments on the management of medical records, and other complete medical record materials; (3) The original and photocopy of the worker's resident identity card or social security card and other valid identification; (4) Other materials specified by the Labor Ability Appraisal Committee.

The Penal Code provides for the severity of a sentence for causing a person to be disabled

There is no need to cause several levels of disability, as long as it causes more than minor injuries, it will be sentenced.

1) Where intentional injury causes minor injuries to one person, the injuries are close to slight, the social impact is not great, the victim is at fault, or the defendant fully compensates the victim for economic losses, it is a short-term detention sentence or controlled release sentence;

2) Intentionally injuring the body of another person, and although it constitutes a slight injury, but the injury is close to a slight injury, it is to be 6 months imprisonment; if the injury is between mild and severe, it shall be sentenced to one year's imprisonment; where the injury is close to serious injury, the sentence is one year and six months imprisonment.

The act of intentional injury must cause the victim minor injuries or more in order to constitute the offence of intentional injury, for the following reasons:

First, although the first paragraph of Article 234 of the Criminal Law does not provide for specific harmful consequences, the second paragraph clearly stipulates the criminal punishment for intentional injuries that cause serious injury, death, or serious disability. Therefore, according to the logic that the degree of the harmful consequences is directly proportional to the severity of the punishment, it can be considered that the punishment provided for in paragraph 1 corresponds to the harmful result of minor injuries.

Second, according to the proviso of Article 13 of the Criminal Law, "where the circumstances are obviously minor and the harm is not great, it is not considered a crime". If the act of intentional injury only causes minor injuries to the victim, the act should be "obviously minor and not harmful in the circumstances" and cannot be considered a crime.

Third, the quantitative standards for forensic appraisal of human injuries in judicial practice are the Standards for the Appraisal of Serious Human Injuries and the Standards for the Appraisal of Minor Human Injuries. When applying paragraph 2 of article 234 of the Criminal Law, the "Standards for the Appraisal of Serious Personal Injuries" is used to resolve the issue of sentencing for the crime of intentional injury, and when the first paragraph of article 234 is applied, the "Standards for the Appraisal of Minor Human Injuries" is used to resolve the issue of conviction, that is, the extent to which the consequences of the injury constitute the crime of intentional injury.

The crime of intentional injury must have a minor injury.

The crime of intentional injury is one of the most common crimes. In judicial practice, the crime of intentional injury is a consequential crime, and the act of intentionally causing injury must cause minor or serious injury to the victim (including causing death) in order to constitute the crime of intentional injury.

There is no need to cause several levels of disability, as long as it causes more than minor injuries, it will be sentenced. "Where the circumstances are obviously minor and the harm is not great, it is not considered a crime". In general, minor injuries are the most basic criterion for conviction and sentencing.

1. If the disability is constituted, it is first necessary to be identified by the relevant disability institution, and it cannot be said that the level of disability you think is several levels. Identify the level of disability and present relevant certificates;

2. If the disability is caused by a traffic accident, it is necessary to divide the responsibility for the accident.

3. Take your own insurance policy and disability certificate to the insurance company for compensation, and negotiate compensation according to the agreement on the policy, which is generally clearly stipulated.

Legal basis. Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as a Grade 7 to Grade 10 disability due to work-related disability, he or she shall enjoy the following benefits: (1) 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 7-level disability, 11 months' salary for 8-level disability, 9 months' salary for 9-level disability, and 7 months' salary for 10-level disability; (2) If the labor or employment contract is terminated upon expiration, or the employee himself 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 employment subsidy for disability. 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.